Authored by Lori Lustrin and Anthony Sirven.

PomFood and beverage manufacturers are well accustomed to heeding counsel’s advice of dotting their “I’s” and crossing their “T’s” to ensure their product labels comply with applicable governmental regulations. But since the United States Supreme Court’s pronouncement in Pom Wonderful LLC v. Coca-Cola Co., food and beverage makers now face a heightened level of scrutiny from what may be their most formidable challengers—direct competitors.

Continue Reading A Pom Wonderful World: F&B Makers’ New Adversary

YogurtPodpeskar v. Dannon Co., Inc., 16-cv-8478 (KBF) (S.D.N.Y., Dec. 3, 2017)

The Southern District of New York joins the list of federal courts that have recently rejected potential class action suits brought against restaurant and food manufacturers for the alleged false advertisement of their food products as “GMO-free.
Continue Reading New York Court Dismisses False “GMO” Advertising Suit

Veggie BurgerYou clearly know the difference between the meat and vegetables on your plate, right? As society has redefined its views on meat and protein intake, however, you may not be so sure.

Plant based proteins have quickly become the food industry’s most popular new addition. With protein now being processed from non-animal sources, the word “meat” is now at the center of a hotly contested legal debate.  Given the ripeness for litigation, the U.S. Department of Agriculture
Continue Reading The “Beef” With Plant Based “Meat” Product Labels

MenuCertain restaurant owners have less than two months to comply with a new Food and Drug Administration (“FDA”) regulation.  On December 1, 2014, the Food and Drug Administration (“FDA”) published a final rule requiring that qualifying establishments — such as restaurants, grocery stores, and  coffee shops  — list on their menus the calories of regularly sold food items.  The deadline for qualifying restaurants to comply with this rule is now May 7, 2018.  
Continue Reading Deadline Draws Near for Restaurant Calorie Labeling Requirement