Food + Bev Law Blog

Inside Scoop on Food + Bev Law

On Friday, September 28, the U.S. Food and Drug Administration (“FDA”) published a request for comment on the use of dairy-terms in the labeling of plant-based food products. Interested stakeholders can submit comments to the FDA until November 27, 2018. The FDA first acknowledges the “emergence and expansion” of plant-based foods and beverages over the past several years, noting that many of these products use dairy-terms as part of the products’ names and are often placed…
Now is the time to update your Proposition 65 warnings in California. On August 30, 2018, new regulations go into effect changing the warnings required for the food and beverage industries. Amendments to California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, require businesses to provide “clear and reasonable” warnings about the presence of certain chemicals, including chemicals in food, beverages, and other consumer products manufactured, sold or distributed…
The Tax Cuts and Jobs Act (the “Act”) has significantly impacted the alcohol industry, including changes to tax credits and new taxpayer definitions. As the Act has come into effect, the TTB continues to update alcohol industry members on the impact of the Act on related excise taxes. We issued an advisory in March regarding some of the new guidance issued by the TTB, which you can find here, and are providing new updates below. On…
California agricultural employers must be mindful of the federal, state, and local laws on the books, many of which pose traps for the unwary. Here are some of the most important employment and labor legal issues warranting particular vigilance by agricultural employers. Use of Farm Labor Contractors and Joint Employment. Employers in California are directly liable to workers supplied by farm labor contractors when those labor contractors fail to correctly and completely pay wages or…
Immigration site visits are on the rise and can occur without notice.  The most common involve paperwork audits.  In some cases, certain employees are targeted.  Below is a guide that can help you prepare for and appropriately respond to a visit from the Department of Homeland Security. Enforcement Agencies under the Department of Homeland Security Homeland Security Investigations (HSI) collects and inspects employers I-9 Employment Eligibility Verification forms and other paperwork for compliance. Immigration & Customs…
Last week, we hosted the first session of a three-part workshop series with Oregon Entrepreneurs Network (OEN) entitled “Recipe For Success—Starting and Scaling Your Food & Beverage Business.” Session #1 focused on building your brand through digital promotion and protecting your brand through trademarks and other brand protection mechanisms. We covered the legal aspect in our Part 1 blog post, so let’s move on to the digital marketing segment. Giselle Waters, a content strategist…
So you’ve got an idea for a food or beverage product or maybe even a product ready to go – but do you know how to build your brand? And better yet, how to protect that brand? This week we hosted the first of a three-part workshop series with Oregon Entrepreneurs Network (OEN) designed to help food and beverage companies answer these tricky yet critical questions. If you missed the first event, you can watch it…
On Friday, September 29, the Food and Drug Administration (“FDA”) proposed to give food manufacturers an additional year and a half to comply with the revised Nutrition Facts regulations that were published in May 2016. Earlier this year, the FDA announced it would delay enforcement of the revised Nutrition Facts regulations, but did not give a specific new compliance date. Friday’s proposal would extend the compliance date from July 26, 2018 to January 1, 2020…
Mid-year reports have shown that there has been a resurgence in “all natural” litigation against food product companies in 2017 – an expected 30% increase in filings as compared to 2016.  Don’t say we didn’t warn you.  These filings waned a bit in 2015 after the FDA indicated that it might be looking to define the term.  But since seeking public comment, the FDA has been radio silent, and so far in 2017, “natural”…
With the recent announcement that Amazon is buying Whole Foods, issues of channel disruption — that is, the ways consumers purchase food — have been on the forefront of people’s minds. On June 1, at DWT’s annual food and beverage executive summit, Farm to Label, we discussed this very issue. We were joined by panelists Madeline Haydon, founder of nutpods, and Vamsi Komanapalli, founder of Figbo. Both started food businesses via e-commerce and each…