Changes to California’s Prop 65

California’s Office of Environmental Health Hazard Assessment (OEHHA) has overhauled the “clear and reasonable” warning regulations for the Safe Drinking Water and Toxic Enforcement Act (Prop. 65), effective August 30, 2018. The new approach is designed to...

FDA Expands List of Carbohydrates That Count as Dietary Fiber

When FDA modernized the nutrition labeling rules in 2016, it also changed how dietary fiber is calculated. The new rule on dietary fiber raised the bar by requiring that ingredients used for fiber fortification in processed foods have at least one FDA-recognized human...

Final Compliance Deadlines for Nutrition Rules

As anticipated, the FDA has formally extended the timeline for compliance with its new rules regarding Nutrition Facts and Serving Sizes.    Manufacturers with $10 million or more in annual sales have until January 1, 2020 to comply. All other manufacturers get an...

USDA Releases Proposed GMO Labeling Regulations

The Agricultural Marketing Service (AMS) of U.S. Department of Agriculture recently released its proposed rule for a National Bioengineered Food Disclosure Standard (“NBFDS”). When finalized, this rule will create a nationwide labeling requirement for foods containing bioengineered ingredients. USDA is accepting comments on the proposed regulation until July 3, 2018.

The USDA’s proposed rule would require a disclosure on certain food products indicating that they are or contain a “bioengineered food.”  If this terminology is unfamiliar to you, you are not alone — it represents a significant shift in how we describe foods and ingredients produced through the use of genetic engineering. “Genetically Engineered, ”“Genetically Modified,” and “GMO” are common parlance. The proposed standard would omit these commonly used phrases in favor of a more scientifically accurate but far less familiar designation: “bioengineered food” or “BE” for short.

Reflections on World Food Day

World Food Day, celebrated each year on October 16th, commemorates the founding of the Food & Agriculture Organization of the United Nations (FAO). In recent years, as general interest food, sustainability, and equity has risen, World Food Day has gone from being...

FDA Proposes New Deadlines for Updated Nutrition Label

Back in June, we reported that the FDA had suspended the implementation of the new Nutrition Facts label & serving size rules, which had been finalized during the Obama administration.  At the time, FDA did not provide any indication of whether or when it would...

New Craft Beer Seal Uses Trademark Law to Promote Independent Brewers

This week, the Brewers Association unveiled a new independent craft brewer seal. The seal is intended as a marketing tool to attract consumers looking for truly independent craft beers. Any brewer meeting the Brewers Association’s 3 criteria is eligible to use the...

Handel Food Law Wins Trial for Dalmatia!

On February 24, 2017, after a 4-week trial in federal court, Handel Food Law obtained a favorable jury verdict for our client, Dalmatia Import Group, Inc., on claims of misappropriation of trade secrets, trademark infringement and counterfeiting. Dalmatia is the brand...

Congress Passes GMO Labeling Law

It appears that Vermont’s GMO labeling law, which took effect just two weeks ago, is largely dead.  Congress has passed GMO labeling legislation and, apparently, the President intends to sign it. Here are my initial thoughts on the bill, which you can read for...

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