On March 6, 2020, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued seven warning letters to companies making alleged unauthorized claims related to the
Continue Reading FDA and FTC Warn Companies for Unauthorized Coronavirus Disease 2019 (COVID-19) Claims
A few different trends have emerged over the past year or so in the field of craft beer, and in related industries. Indeed, the alcoholic beverage landscape looks much different
Continue Reading Hard, Hazy and Maybe Healthy—With a Chance of Liability and Litigation
On Jan. 1, 2019, a new law aiming to limit children’s intake of sugary beverages became effective. California Governor Gavin Newsom signed the “Children’s Meals” law on Sept. 20, 2018,
Continue Reading State of California Passes Law Limiting Sugary Drinks Offered in Children’s Meals
On May 20, 2016, the FDA announced that it finalized changes to the Nutrition Facts panel on the labels of packaged foods and beverages, as well as changes to the
Continue Reading FDA Announces Changes to the Nutrition Information on the Labels of Food, Beverages, and Dietary Supplements
The U.S. Food and Drug Administration (FDA) recently finalized two rules requiring that calorie information be listed on menus and menu boards in chain restaurants and similar retail food establishments,
Continue Reading FDA Issues Rules to Help Consumers Monitor Caloric Intake
With summer around the corner, the Federal Trade Commission (FTC) is reminding publishers, broadcasters, and other media of the ways to spot phony weight-loss claims when screening ads for publication.
Continue Reading FTC Urges Media to Review Weight-Loss Advertising Before Accepting
Prepared by James Mattesich, Justin Prochnow, Anthony Cortez and Greg Sperla.
The California Office of Environmental Health Hazard Assessment (OEHHA) announced on March 7, 2014 that it
Continue Reading California Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures – Dietary Supplements and Foods Specially Targeted
The FDA announced yesterday that it is revisiting a draft guidance issued in 2009 that generated a significant amount of class action litigation over the last year. In 2009, the FDA issued a draft guidance outlining its position regarding the use of “evaporated cane juice” to describe sweeteners derived from sugar cane syrup. In the draft guidance, the FDA indicates that describing the sweeteners as juice “fail[s] to reveal the basic nature of the food and its characterizing properties” and therefore considers the use of “evaporated cane juice” to be misleading under the Food, Drug and Cosmetic Act (the FDCA).
On Wednesday, the FDA indicated that it is reopening the comment period on its 2009 draft guidance to obtain additional data and information to better understand the basic nature and characterizing properties of the ingredient, the methods of producing it, and the differences between the ingredient and other sweeteners. The FDA is seeking comments regarding whether others agree with its determination that the term “evaporated cane juice” does not convey the basic nature of the ingredient. It is also interested in how “evaporated cane juice” compares to other sweeteners derived from sugar cane, such as raw sugar and cane sugar, that use “sugar” or “syrup” in their name.
Continue Reading The Name Game: FDA Revisits its 2009 Draft Guidance on ‘Evaporated Cane Juice’
On October 1, 2012, the Federal Trade Commission (“FTC”) issued a revised version of its “Guides for the Use of Environmental Claims,” better known to many as the “Green Guides,”
Continue Reading FTC Chops ‘Green’ Plastic Lumber Claims and Diaper Claims That Fail to ‘Pass the Smell Test’
The FDA caused quite a stir this morning by announcing proposed updates to the Nutrition Facts and Supplement Facts information required for packaged foods and dietary supplements. These changes reflect the first significant changes in the 20 years since nutrition information was first required to be placed on labels in the form of a Nutrition Facts panel or Supplement Facts panel (changes to include trans fats information were initiated in 2006.) First Lady Michelle Obama and FDA Commissioner Margaret Hamburg, M.D. both trumpeted the updates as important changes that will allow consumers to make healthier food choices.
Continue Reading Don’t Go Changing to Try and Please Me…