A Food and Beverage Law Blog
Wednesday, February 24, 2016
Written by in: Alcohol , TTB

On February 11, the TTB released ruling 2016-1 in response to beverage alcohol industry players and trade groups questioning an initiative by Kroger and Southern Wine & Spirits, which would reportedly require payment by wholesalers to merchandisers selected by Kroger to direct the placement of brands and bottles on Kroger shelves across the country. Many Read More

Friday, February 19, 2016

With the continuing influx of foreign foods, algae, insects, microorganisms and foods with new molecular structures in our diets, the European Union has decided to put in place a harmonized procedure to vet – or not – these “novel foods” before they are placed on the market. This procedure is set out in the recent Read More

Thursday, December 24, 2015

As many of you know, FDA has opened a docket to accept comments on whether and how it should define the term “natural” for food labeling purposes.  Today, FDA announced that it will be extending the comment period until May 10, 2016.   As outlined by FDA: Although the FDA has not engaged in rulemaking Read More

Tuesday, December 22, 2015

In this post, we take a look at three recent decisions in which food industry defendants were accused of falsely advertising their food products as “fresh”. As discussed in our prior post, a clear-cut, consensus definition for “fresh” has yet to emerge in the United States, leaving food and beverage companies exposed to significant false Read More

Tuesday, December 15, 2015

On December 3, 2015, the California Supreme Court held that a claim for intentionally mislabeling produce as “organic” is not preempted by the federal regulatory regime for certifying organic growers. This decision may tend to increase exposure to companies endorsing products as “organic” under California state law false advertising, unfair competition, and other consumer protection Read More

Friday, November 20, 2015

“Fresh” is quickly becoming a not-so-fresh battleground for consumer-brought false advertising lawsuits as we see more and more actions challenging the use of “fresh” in advertising and labels for food and beverages. Most recently, a federal district court in Illinois certified a class of consumers who claim that they were misled into believing that single-serving Read More