AG/FDA Blog

Food Labeling Modernization Act of 2018 Likely Reveals Consumer Groups’ Priorities for FDA Nutrition Innovation Strategy – May Spur More Class Action Lawsuits

The Food Labeling Modernization Act of 2018 (H.R. 5425) was introduced on April 4, 2018, by Rep. Frank Pallone, Jr. (D-NJ), the ranking member of the House Energy and Commerce Committee.  A joint press statement announcing the bill was released by R… Read More
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FDA Maintains Focus on Nutrition to Foster Human Health

In a speech, entitled “Reducing the Burden of Chronic Disease,” delivered on March 29th by FDA Commissioner Scott Gottlieb before the National Food Policy Conference in Washington, D.C., FDA kicked-off its Nutrition Innovation Strategy. … Read More
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Upcoming Webinar: Avoiding the Food Labeling Class Action Trap

The food and beverage industry is facing an unprecedented number of threats from class action cases alleging misleading labeling and advertising. Approximately two new lawsuits against manufacturers, distributors and retailers were filed each week in… Read More
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Up in Flames: Ninth Circuit Upholds Certification in “100% Natural” Wesson Oil Class Action

In a January 3, 2017, decision likely to have broad implications in food class action litigation, the Ninth Circuit Court of Appeals affirmed a California federal district court judge’s decision certifying a consumer class action brought by purchas… Read More
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Comment Period Extended on "Natural"

In the Federal Register of November 12, 2015, FDA published a notice announcing the establishment of a docket to receive information and comments on the use of the term “natural” in the labeling of human food products, including foods that are ge… Read More
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Categories: FDA

FDA Seeks Input on the Meaning of “Natural” for Foods -- First Impact of FDA Action Will Be on Class Action Cases

For over two decades, when assessing the propriety of a “natural”-type claim (e.g., “natural,” “all natural,” “100% natural,” “from nature,” “naturally grown,” or “naturally sourced”) made in food labeling, FDA has applied… Read More
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OFW’s Bruce Silverglade to Participate at FDLI Food Advertising and Litigation Conference

OFW Law’s Bruce Silverglade will be a featured speaker at that Food and Drug Law Institute’s annual “Food Advertising and Litigation” conference on September 24, 2015, in Chicago, Illinois.  Mr. Silverglade will participate in a panel discus… Read More
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Recapping Round 1 of the Vermont GMO-Labeling Lawsuit

By John G. Dillard Millions across the globe tuned into this weekend’s Mayweather-Pacquiao bout, which was billed as “the fight of the century.” However, the pay-per-view event was not the only high stakes fight to report on from last week… Read More
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FDA Declines To Define “Natural” for Foods Formally, Leaving Its Informal Policy in Place

FDA once again has “respectfully declined” to define the term “natural” when used in food labeling.  In a January 6, 2014, letter from Leslie Kux, Assistant Commissioner for Policy, to three federal judges handling civil litigation brought… Read More
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Are These Substances “Natural?” Class Action Lawsuits Target Specific Ingredients

Consumer class action cases challenging “All Natural” or “100% Natural” claims on food labels are popping up about as fast as dandelions in springtime.  Such cases are typically brought under state consumer protection laws prohibiting, inter… Read More
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