Latest from Food Law Blog

By , March 7, 2019 Convention by Nick Youngson CC BY-SA 3.0 Alpha Stock Images Wendel Rosen food and beverage attorneys William Acevedo, Karen Balderama and Dick Lyons will be attending the Natural Products Expo West tradeshow in Anaheim, California from March 7-9, 2019.  They’ll be there to check in with our clients, see the newest products and trends, catch up with industry partners, and support OSC2.  Wendel Rosen is proud to…
By , February 15, 2019 “Krümel Monster Muffins” by Xitu is licensed under CC BY-SA 4.0 The regulatory status of a food ingredient is governed by certain bright line rules.  Any substance that is reasonably expected to become a component of food is a food additive.  A food additive is subject to premarket approval by the Food & Drug Administration (FDA) unless the substance is generally recognized as safe (GRAS) among…
By , February 7, 2019 “I’m not a liar!” by Tristan Schmurr is licensed under CC BY 2.0 Food manufacturers know that they must substantiate their label claims.  However, when they develop this substantiation may vary.  The prudent food manufacturer will develop a claims substantiation file before its puts any claims out into the marketplace to ensure that they are supported by credible evidence, whether it be product testing, market research, scientific studies…
By , December 21, 2018 General Creative Commons Attribution by Martin Jakobsen is licensed under CC BY 2.0 I have said it before, and I will say it again: no, you cannot use CBD as an ingredient in food or dietary supplements. While some have touted the recent passage of the Agriculture Improvement Act of 2018 (aka, the Farm Bill) and its relaxation of the controls on the production and marketing of hemp…
[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 the manufacturer’s intentional and deliberate decisions regarding the content of its advertising. In West American Insurance Co. v. Nutiva, Inc.
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, it is not at all clear that Nestlé USA has run afoul of this threshold requirement. Check out the article
  Wendel Rosen food and beverage attorney William Acevedo will be attending the Natural Products Expo East tradeshow in Baltimore, Maryland from September 12-15, 2018.  He’ll be there to check in with clients, see the newest products and trends, and to support the Plant Based Foods Association.  Wendel Rosen is proud to sponsor the PBFA’s Lobbying Workshop, which will educate brands on how they can advocate for their interests to state and federal legislators.  We…