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…
[Author note: this post was written by Wendel Rosen attorney Wendy Manley.]   Just weeks after a court determined that a Proposition 65 (Prop 65) warning is required for acrylamide in coffee, a California appellate court ruled a warning is NOT required for acrylamide in breakfast cereals.  Acrylamide is listed as a carcinogen by the State of California and, consequently, a warning must be provided before exposing California consumers to acrylamide.   Warning exemption…
My favorite Megan Mullally quote, and there are many, is her ode to coffee: “I’ll quit coffee. It won’t be easy drinking my Bailey’s straight, but I’ll get used to it. It’ll still be the best part of waking up.” Wendel Rosen attorney, Wendy Manley, recently wrote about the new labeling requirements for coffee. As she noted, a California court recently determined that coffee must bear a warning under the state’s Safe Drinking Water and…
Wendel Rosen attorney, Eugene Pak, will be attending the National Conference of State Liquor Administrators in Waikoloa, Hawaii from June 17-20, 2018. He’ll be there to hear all about “Regulatory Strategies for an Innovative Marketplace” – this year’s conference theme – and we can’t wait to get his take on it when he returns to sunny California. And, if you will be attending the conference, make sure to say “Aloha!” to Eugene.…