Sheppard Mullin litigators recently published an article in Food Manufacturing outlining USDA’s sweeping changes to its organic regulations. Entities that wish to continue utilizing the USDA Organic label must comply with USDA’s new regulations by March 19, 2024.Continue Reading Implications of the USDA’s New Organic Rule
On March 24, 2023, FDA issued its draft guidance for industry regarding the use of “Dietary Guidance Statements” on food labeling. FDA defines “Dietary Guidance Statements” as voluntary labeling statements, images, or words used on food packaging that convey that the food item is part of, or contributes to, a “nutritious dietary pattern.” As noted by FDA, Dietary Guidance Statements provide manufacturers with an additional set of messages that can be used on-pack, beyond nutrient content claims or “healthy” claims. FDA has issued the guidance as part of its wider effort to create a healthier food supply for Americans and ensure consumers have more, and “better”, nutrition information about the foods they purchase.Continue Reading “Dietary Guidance Statements” in Food Labeling: What You Need to Know About FDA’s Latest Draft Guidance for the Food Industry
The Food and Drug Administration (FDA) has released draft guidance for the labeling of plant-based milk alternatives, which could have a significant impact on the way these products are marketed and sold. The proposed guidance suggests that manufacturers and distributors of increasingly popular oat, almond, cashew, soy and other milk alternatives should be allowed to use the term “milk” to describe their products despite the fact these products have no actual dairy content. Continue Reading FDA Draft Guidance Signifies Acceptance of the Term “Milk” to Describe Plant-Based Alternatives
FDA issued a proposed rule on September 28, 2022, to update the definition of “healthy” by specifying new criteria by which the term can be used in food labeling. As a result of the proposed changes, FDA expects more food in the marketplace will be able to make use of the “healthy” claim.Continue Reading FDA Proposes Updated Rule for “Healthy” Foods
On July 14, 2016, the House of Representatives passed S.764 creating a National Bioengineered Food Standard. Importantly for food manufacturers and distributors, the law – expected to be signed by President Obama – will preempt all state laws “relating to the labeling or disclosure of whether a food is bioengineered or was developed or produced using bioengineering” if that standard is not identical to the mandatory disclosure under the new federal standard. Once enacted, the law will preempt the Vermont GMO labeling Act that went into effect July 1, 2016.
Continue Reading Forget About Vermont!: Congress Passes GMO “Labeling” Legislation