Searching Content indexed under Food and Drugs Law by Proskauer Rose LLP ordered by Published Date Descending.
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Ninth Circuit Denies Review Of Class Certification In Beer Labeling Brouhaha
In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing's request for leave to appeal a grant of class certification to a consumer class.
United States
1 May 2019
New York City Council Passes Bill Limiting Pre-Employment Drug Testing For Marijuana
The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to drug tests for marijuana use.
United States
30 Apr 2019
Snack Bar Class Action Powers On After USDA Action And FDA Inaction
Unlike a fine wine, a snack bar does not get better with age. Neither, apparently, does litigation. Last month, Judge William H. Pauley III in the Southern District of New York
United States
2 Apr 2019
No Use Crying Over Spilled (Almond) Milk: Ninth Circuit Upholds Dismissal Of Almond Milk Labeling Suit
On December 20, 2018, the Ninth Circuit affirmed the dismissal without leave to amend of a putative class action complaint against Blue Diamond Growers, which alleged that the term "almond milk" on Blue Diamond's beverages was misleading.
United States
18 Jan 2019
Second Circuit Affirms Dismissal Of Truffle Kerfuffle
Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs'
United States
11 Dec 2018
District Court Filters Out Preempted "Spring Water" False Advertising Claim
Earlier this year, we covered a decision from the District of Connecticut finding state law false advertising claims against the bottled water company Poland Spring preempted by the FDCA.
United States
12 Nov 2018
EDNY Sticks A Fork In Angus Steak Sandwich Class Action Complaint
A federal court in the Eastern District of New York recently dismissed a putative class action filed against Dunkin' Brands alleging deceptive advertising with respect to its Angus Steak & Egg Breakfast Sandwich and Angus Steak & Egg Wake-Up Wrap.
United States
11 Oct 2018
San Francisco Ordinance Requires Cannabis Business Permit Applicants To Enter Into "Labor Peace Agreements"
Earlier this month, San Francisco's Public Safety & Neighborhood Services Committee unanimously approved an ordinance that requires certain cannabis business permit applicants to agree to enter into a collective bargaining agreement (a "Labor Peace Agreement") with a "Bona Fide Labor Organization" as a condition of receiving a cannabis business permit.
United States
20 Jun 2018
No Meat On The Bones: Proposed Vegetarian Class Action Against Buffalo Wild Wings Failed To Plead Actual Injury
Nonetheless, the court found plaintiff's alleged injury insufficient to state a claim under section 349.
United States
14 Mar 2018
FDA Approves First Qualified Health Claim about Allergy Prevention On Baby Food Labels
Now that the FDA has allowed one qualified allergy prevention claim on food labels, future evidence-based dietary recommendations may expand beyond peanuts and baby food.
United States
11 Oct 2017
When The Strength Of The Facts Cannot Be Lifted – SDNY Dismisses Muscle Maker Slack-Fill Class Action
The Southern District of New York recently dismissed a putative class action against Cytosport, the maker of Muscle Milk protein powder. The plaintiff, Orlando Bautista...
United States
6 Jan 2017
Back From The Dead – Cures Act Resurrects Premium Reimbursement Arrangements For Small Employers
Last week, President Obama signed the 21st Century Cures Act (the "Cures Act"), which contains numerous provisions touching on a wide range of public health matters.
United States
21 Dec 2016
HHS OIG Adopts New Anti-Kickback Safe Harbor And Civil Monetary Penalty Exceptions
On December 7, 2016, the Department of Health and Human Services, Office of Inspector General, issued a final rule that will have a widespread impact on health care service providers, medical transport providers, . . .
United States
19 Dec 2016
De-Certifiably Natural – Ninth Circuit Finds "All Natural" Label May Be Misleading While Upholding Class Decertification
The Ninth Circuit Court of Appeals recently reversed in part and affirmed in part a Northern District of California ruling concerning the "All Natural Fruit" labeling on Dole's packaged fruit products.
United States
19 Oct 2016
Federal Trade Commission's Pennsylvania Hospital Challenge Moves Forward: Third Circuit Halts Transaction Pending Trial Outcome
Federal Appeals Court has sided with the FTC and preliminarily blocked the proposed merger of the largest hospitals in the Harrisburg, Pennsylvania area, and Penn State Hershey Medical Center and PinnacleHealth System.
United States
15 Oct 2016
Sugar Rush: FDA Rejects Use Of "Evaporated Cane Juice" To Describe Sweeteners
For years, food companies have been using the term "evaporated cane juice" in the ingredients list on food products.
United States
28 Jun 2016
FDA New-trition Rules
Nutrition Facts labels will no longer declare the "Calories from fat" because current science supports a view that, with respect to increased risk of chronic diseases, the type of fat is more relevant than overall total fat intake.
United States
20 Jun 2016
"KIND" Of Nutritious—FDA Permits "Healthy" Label And Agrees To Rethink Its Definition Of "Healthy" Foods
The Food and Drug Administration has kindly permitted Kind LLC to use the term "healthy" on its snack bars again, but with a caveat...
United States
13 Jun 2016
Where's the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products
A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California against Goya Foods, Inc. ("Goya").
United States
24 May 2016
California Supreme Court Holds Organic Labeling Suit A Natural Fit In State Court
In December, the California Supreme Court held that a challenge to a farm's labeling of its herbs as "organic" under state false advertising laws is not preempted by the federal Organic Foods...
United States
20 Jan 2016
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