A class action lawsuit accusing Coca-Cola subsidiary Odwalla of misleading consumers by using the term ‘evaporated cane juice’ (ECJ) on labels is now back in play in the wake of the FDA’s finalized guidance – and is likely to be joined by scores of others,...
The ingredient known as ‘evaporated cane juice’ should instead be declared as ‘sugar’ on food labels, says the FDA in new guidance that attorneys predict will unleash a wave of civil litigation as ECJ-related false advertising cases that had been put...
First Lady Michelle Obama unveiled the long-awaited new Nutrition Facts label as a “landmark achievement” that serves as a capstone to her dedicated efforts to improve the health of America’s youngest generations.
This time last year, KIND was engulfed in a media firestorm (and a tidal wave of false advertising lawsuits) after the FDA took issue with its use of the term ‘healthy’ on pack. Today it is claiming victory after the FDA said it can now use the term –...
The FDA has submitted final rules for updating the Nutrition Facts panel and serving sizes to the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB) for a regulatory impact analysis.
The “loose structure” and voluntary process for companies to self-determine if new ingredients are “generally recognized as safe” without required input from FDA undermines the agency’s ability to ensure the US food supply is safe and should be strengthened,...
Six public health and environmental organizations have filed a lawsuit against the US Food and Drug Administration (FDA) concerning a petition restricting the use of perchlorate in food packaging.
By Jacob Harper, attorney, TroyGould PC, Los Angeles
Eating Parmesan is not going to leave you swallowing splinters. But you’d never know it after reading articles such as, ‘The Parmesan You Sprinkle on Your Penne Could be Wood,’ ‘FDA Warns the Parmesan You Eat May Be Wood Pulp,’ and ‘Yes, Parmesan Cheese...
The Center for Science in the Public Interest is taking FDA to task for “failing to protect children” from artificial dyes that it says cause behavior problems, but which FDA defends as safe.
I can't believe it's Just Mayo ... so will Just Butter be next?
Just weeks after telling Hampton Creek it was playing fast and loose with food labeling regs by branding its flagship egg-free spread ‘Just Mayo’, the FDA says Hampton Creek can now keep the ‘Just Mayo’ brand name - as long as it makes minor tweaks to...
The FDA has just cranked open Pandora’s box with its surprise bid to explore a working definition of ‘natural’ on food labels. As part of our Food Vision USA program, FoodNavigator-USA quizzed food & beverage CEOs to find out what they think it means,...
Is it lawful to use terms such as ‘almondmilk’ and ‘soymilk’ to describe plant-based beverages? Yes, according to a ruling from a California court this week, which has dismissed claims in a long-running class action lawsuit* v retailer Trader Joe's...
KIND has filed a citizen petition with the FDA to update 'outdated' regulations governing the use of the term healthy on food labels and address the disconnect between what Americans are encouraged to eat in the Dietary Guidelines and the criteria...
What is 'natural'? FDA finally weighs into the debate
Having studiously avoided this food labeling minefield for years, the Food and Drug Administration (FDA) has surprised many in the trade by seeking comments on the definition of a word that has launched a thousand class action lawsuits (well almost):...
Food manufacturers remain sharply divided over FDA proposals to crack down on added sugar, with General Mills and other big names such as Kellogg and Unilever strongly opposed; and Nestlé, Mars, and KIND LLC in favor, according to the latest wave of comments...
FDA: We are eveloping draft voluntary targets for sodium reduction
The Center for Science in the Public Interest (CSPI) is suing the FDA in a bid to compel it to respond to a 2005 petition requesting that it revoke the GRAS (generally recognized as safe) status of salt and treat it as a food additive under the law.
The FDA has removed a paragraph from a recent warning letter to a seafood company challenging ‘100% natural’ claims on a product containing high fructose corn syrup (HFCS), following an inquiry from FoodNavigator-USA.
By Bruce Silverglade, principal, Olsson Frank Weeda Terman Matz PC
Supporters of FDA proposals to list ‘added sugars’ on the Nutrition Facts panel say it will help consumers identify foods with more empty calories, while critics say our bodies don’t distinguish between ‘naturally occurring’ and ‘added’ sugar - and neither...
Almond milk sales continue to grow in the double digits, while cashew milk is gaining momentum, but what about peanut milk? There’s no major commercial product out yet, but a concept is being developed, says the National Peanut Board (NPB).
Congress needs to strengthen FDA’s oversight of genetically modified organisms before foreign countries, with potentially lower safety standards, begin genetically engineering crops used in finished products that are imported to the U.S., argues an executive...
FDA: KIND bars do not meet the requirements for use of the nutrient content claim ‘healthy'
KIND LLC says it is working closely with the US Food and Drug Administration (FDA) to address a long list of concerns raised by the agency in a warning letter over label claims on its bars and its website.
Investing in 3D printing could open new markets and generate huge cost savings for food manufacturers and retailers, but first companies must overcome potential regulatory and legal hurdles, many of which are not yet identified, warn food and drug lawyers...
There have been more than 200 class action lawsuits filed against food and beverage companies over allegedly deceptive labeling since 2012, 60 of which have been dismissed at various stages, and 25 of which have been settled, but none have yet gone to...
A new study revealing that a significant portion of dark chocolate products sold in the U.S. may contain undeclared milk could shake some consumers’ confidence in the industry in the week leading up to Valentine’s Day – one of the category’s most significant...
A recent FDA warning letter to a New York company points again to the danger of mixing metaphors when positioning a product as either a beverage or a liquid dietary supplement.
Professor: 'Congratulations to the FDA for putting public health first'
The US Food & Drug Administration (FDA) has rejected two citizen’s petitions urging it to ban the use of aspartame as a food additive, arguing that neither presented any credible scientific data that would warrant a change of policy on the zero-calorie...
Simple changes in how food manufacturers handle and trace ingredients, packages and labels at production facilities could reduce dramatically the number of recalls due to undeclared allergens, which make up the vast majority of food recalls, according...
One of the fastest growing ingredients right now, coconut often is touted as a superfood, but that does not mean products containing its oil, flesh or milk are “healthy,” a recent FDA warning letter reminds the food and beverage industries.
The Grocery Manufacturers Association (GMA) has decided to share its database on how food manufacturers use chemicals that are Generally Recognized As Safe (GRAS) with the US Food and Drug Administration, an initiative the trade group claims will “improve...
Kidney disease patients unable to discern phosphorus levels in foods, AND claims
The FDA’s proposed revamp of the Nutrition Facts panel misses a public health opportunity to mandate disclosure of phosphorus content on nutrition labels, despite the micronutrient’s association with adverse outcomes among kidney patients and growing...
AquaBounty Technologies - which is hoping to become the first company to introduce a genetically engineered (GE) animal to the human food supply - posted net losses of $3.5m in the six months to June 30, up from a loss of $2.1m in the first half of 2013.
A few weeks ago, it looked like the FDA's decision to look again at evaporated cane juice (ECJ) labeling might halt the tidal wave of lawsuits over the controversial term. But recent court filings suggest this may have been wishful thinking.
Proposals don't consider a product's overall nutritional value, says professor
FDA proposals to overhaul the Nutrition Facts panel on food labels are “strong” and “likely to make an important contribution”, says former FDA commissioner David Kessler, M.D. “But I believe they don't go far enough.”
An FDA inspection of Chobani’s yogurt production facility in Twin Falls, Idaho, conducted after it recalled some products last fall, found “minor” deficiencies in good manufacturing practices (GMPs), but nothing to warrant issuing a ‘483’ letter, the...
While the food industry has been reducing partially hydrogenated oils (PHOs) for years, Illinois-based Columbus Vegetable Oils still had a few panicky phone calls when the FDA “dropped the PHO bomb” (by proposing to revoke their GRAS status) last November,...
Food and beverage manufacturers are holding their collective breath in anticipation of the proposed changes to the Nutrition Facts panel put forth by the Food and Drug Administration and likely to be finalized next year.
The US Food and Drug Administration (FDA) has finalized a set of manufacturing guidelines designed to ensure infant formula products produced for domestic sale are “safe and support healthy growth.”
Four US Senators have written to Food & Drug Administration (FDA) commissioner Margaret Hamburg to express their concern about the agency’s use of draft guidance documents to make “substantive policy changes”.
The US Food and Drug Administration (FDA) will publish on Monday, April 28 a final rule prohibiting certain nutrient content claims for foods that contain the omega-3 fatty acids DHA, EPA, and ALA, drawing criticism from the Global Organization for EPA...
The Food and Drug Administration (FDA) has issued a warning letter to Dewmar International BMC Inc., alleging that despite labeling its Lean Slow Motion…Potion beverage as a dietary supplement, the manufacturer is representing it as a conventional food...
The FDA’s March 5 decision to re-open comments on its 2009 draft guidance on ‘evaporated cane juice’ (ECJ) may well kill off most ECJ-related lawsuits, or at least kick them into the long grass, say legal experts. But food and beverage firms should wait...
FDA proposals to revoke the GRAS status of partially hydrogenated oils (PHOs) in order to crack down on trans fats will lead to increased saturated fat intakes, greater reliance on imported palm and canola oil and the “diminished ability for food manufacturers...
A class action lawsuit accusing Coca-Cola subsidiary Odwalla of misleading consumers and misbranding its products by using the term ‘evaporated cane juice’ (ECJ) on labels has been put on ice by a California judge following the FDA's decision to...
AquaBounty Technologies - which is hoping to become the first company to introduce a genetically engineered (GE) animal to the human food supply - posted net losses of $4.7m in 2013, up from $4.4m in 2012.
Butter might be winning the PR war in the spreads category owing to its all-natural credentials and short ingredients list; but from a nutritional standpoint, the healthier choice is margarine, says the National Association of Margarine Manufacturers...
The food industry doesn’t need years to phase out partially hydrogenated oils (which create harmful artificial trans fats), according to the American Heart Association (AHA) and the American College of Cardiology (ACC), which argue that 12-18 months gives...
