[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…