Regulatory Update: Sesame Added As Major Food Allergen; FDA Issues Voluntary Guidance For Now

Under the Food Allergy Safety, Treatment, Education and Research Act of 2021 (FASTER Act), sesame has now been added to the list of major food allergens for which labeling disclosures are mandatory.  By January 1, 2023, food companies must declare the presence of sesame on food packaging labels.  Currently, the Food Allergen Labeling and ConsumerContinue reading “Regulatory Update: Sesame Added As Major Food Allergen; FDA Issues Voluntary Guidance For Now”

Update: FDA Signals Enforcement Will Not Be Used To Ensure Compliance With New Nutrition Facts Labeling Requirements — For Now

Manufacturers with more than $10 million in annual food sales were required to switch to the new label by January 1, 2020, while smaller manufacturers were given an extra year to comply. Yet, 2020 has been anything but a “normal” year.

“Happy Cows” and Sad Customers? Bill Acevedo Comments on Ben & Jerry’s Milk Sourcing Lawsuit

In a recent interview with Food Navigator USA, Partner Bill Acevedo discusses the recent lawsuit against Unilever that alleges the company misleads customers by representing Ben & Jerry’s ice cream products as being made with milk from “happy cows” in a Caring Dairy Program. The lawsuit states that only a small percentage of the milkContinue reading ““Happy Cows” and Sad Customers? Bill Acevedo Comments on Ben & Jerry’s Milk Sourcing Lawsuit”

No Insurance Coverage for Food Manufacturer’s “False” Advertising

[Special thanks for this guest blog from Wendel Rosen insurance attorney Gary Barrera.]   Last month, a California federal court held that a food manufacturer’s insurers had no duty to defend or indemnify the insured for claims arising out of the manufacturer’s alleged false advertising of its product because the claims were based on theContinue reading “No Insurance Coverage for Food Manufacturer’s “False” Advertising”

Weighing In on No GMO with Natural Products Insider

Wendel Rosen partner Bill Acevedo was recently asked by Natural Products Insider to weigh in on the recent lawsuit filed against Nestlé USA and its use of a NO GMO Ingredient symbol on some of its food packaging.  While the Food, Drug & Cosmetic Act prohibits labeling that is false or misleading in any particular,Continue reading “Weighing In on No GMO with Natural Products Insider”

New Ruling on Acrylamide Brings Breakfast Back to the Table – First Coffee, Now Cereal

[Author note: this post was written by Wendel Rosen attorney Wendy Manley.]   Just weeks after a court determined that a Proposition 65 (Prop 65) warning is required for acrylamide in coffee, a California appellate court ruled a warning is NOT required for acrylamide in breakfast cereals.  Acrylamide is listed as a carcinogen by theContinue reading “New Ruling on Acrylamide Brings Breakfast Back to the Table – First Coffee, Now Cereal”

Regulators Prepare to Roast Prop 65 Coffee Warning Requirement

My favorite Megan Mullally quote, and there are many, is her ode to coffee: “I’ll quit coffee. It won’t be easy drinking my Bailey’s straight, but I’ll get used to it. It’ll still be the best part of waking up.” Wendel Rosen attorney, Wendy Manley, recently wrote about the new labeling requirements for coffee. AsContinue reading “Regulators Prepare to Roast Prop 65 Coffee Warning Requirement”

What’s In Those Brownies Anyway? What You Need to Know About California Cannabis Edibles Regulations

With adult use of cannabis now legal in California as of January 1, 2018, some food companies may be considering adding “edibles” – cannabis-infused products that are intended for human consumption – to their product lines.  According to Forbes, edibles may account for more than half of the growth in the booming cannabis industry, asContinue reading “What’s In Those Brownies Anyway? What You Need to Know About California Cannabis Edibles Regulations”

Food for Thought: 10 Considerations For Food and Beverage Companies In 2018

Wendel Rosen’s Food and Beverage Practice Group provides a full range of services to producers, manufacturers, distributors, suppliers, growers, retailers and investors, as well as to the broader consumer packaged goods industry. Heading into 2018, we believe that food and beverage companies should keep the following considerations in mind: Regulatory Oversight. It is still notContinue reading “Food for Thought: 10 Considerations For Food and Beverage Companies In 2018”