The Food and Drug Law Institute’s 2019 Food Advertising, Labeling, and Litigation Conference for the Food and Dietary Supplement Industries will take place September 26 and 27 in Washington DC. This is always an excellent conference that showcases specialized expertise in this important area of regulation and litigation. Speakers always include key officials from relevant enforcement agencies such as the Federal Trade Commission, Food and Drug Administration, and U.S.… More
Tag Archives: Food Labeling
What Does FDA Commissioner Scott Gottlieb’s Resignation Mean for Food Marketing?
On March 5, Food and Drug Administration Commissioner Scott Gottlieb resigned after 22 months at the helm of the agency. His resignation will be effective as of a date that is as yet unspecified, but will be about one month from the date of his announcement. What might his resignation portend for any changes in FDA policy with respect to food marketing?
Gottleib was not known for focusing on food issues during his tenure.… More
Mandatory Oversharing on Food Labels: A Good Week for the Resistance
People on social media, and in some face-to-face social settings, often reveal more about themselves than they need to or really should. When someone makes an embarrassing but unnecessary disclosure, we call it “oversharing.” We might respond, “Oh, wow, TMI” (the online code for “too much information”).
Last week, two court rulings – one dismissing a litigation, and the other ruling an ordinance unconstitutional – helped food companies resist efforts by activists to compel them to overshare.… More
Retro-Grade: What the La Choy Dragon Can Teach Us About Advertising Law, FDA Standards of Identity, Evolving Gender Roles, and Noodles
The marketing of pasta products sold in American grocery stores is a fascinating case study in the evolution of FDA food standards, American marketing, and even gender roles, as well as the growing diversity of America’s consumer population and its palate.
Most of the Food and Drug Administration’s standards of identity for food products were formulated in the early 20th century, and they reflected the foods in American stores and kitchens of that time.… More
Class Action Plaintiffs Target Snack Foods in Latest Round of “Slack-Fill” Suits
Have you ever purchased a bag of snacks only to open it up and feel cheated by the air-to-snack ratio? Does empty space in a bag of chips leave a bitter taste in your mouth? Does your snack-time routine involve the use of a ruler? If you’re like most people, the answer to all three of these questions is probably “no.”
(Source: Complaint in Morrison v.… More
Food Advertising And Compelled Commercial Speech In 2017
According to the Hyper-Chicken, a lawyer from my favorite television show, “freedom of speech applies to what comes out of a mouth, not what goes in.” State of Alabama v. Giant Space Iguana, 273 U.S. Ω (2976) (chewing corners off Constitution deemed non-protected speech).
The Hyper-Chicken is a fictional cartoon alien from the future,… More