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Update on Food and Beverage Litigation and Regulatory Matters | Issue 825 | Shook, Hardy & Bacon L.L.P.

In the realm of legislation, regulations, and standards, the U.S. Food and Drug Administration (FDA) has recently announced draft guidance for sodium reduction efforts. The FDA aims to support reducing the average individual sodium intake by about 20% of consumer intake levels prior to 2021. This voluntary sodium reduction targets would help decrease the average individual sodium intake to about 2,750 mg/day, compared to the previous average of 3,400 mg/day. FDA Deputy Commissioner for Human Foods, Jim Jones, emphasized the importance of reducing sodium in the food supply, stating that it has the potential to be one of the most significant public health initiatives in a generation.

Additionally, the FDA has scheduled public meetings to discuss various topics related to chemicals in food and Codex food labeling. These meetings will cover a range of issues, including food allergen labeling, food information on products sold in e-commerce, labeling of alcohol beverages, trans fats, sustainability labeling claims, and a definition of „added sugars.“ The FDA is actively engaging with stakeholders to address these critical issues and ensure the safety and transparency of food products in the market.

In the realm of litigation, a California cultivated-meat company has filed a lawsuit challenging Florida’s cultivated-meat ban. UPSIDE Foods, Inc. alleges that Florida’s SB 1084, which prohibits the manufacture, distribution, and sale of cultivated meat, violates federal laws regulating meat and poultry products. The company argues that consumers should have the opportunity to decide for themselves whether to consume cultivated meat products. This case highlights the ongoing legal battles surrounding the regulation of alternative meat products and the complexities of navigating state and federal laws in the food industry.

Another lawsuit has been filed against The Giant Co., alleging that their orange soda contains Brominated Vegetable Oil (BVO), which was revoked by the FDA in July 2024. The plaintiff claims that the company failed to disclose the presence of BVO, a substance known to cause adverse health effects, in their product. This case underscores the importance of transparency and accurate labeling in the food industry to protect consumers from potentially harmful ingredients.

In a separate case, the U.S. Court of Appeals for the D.C. Circuit upheld a ruling in favor of the U.S. Department of Agriculture (USDA) in a lawsuit brought by the Animal Legal Defense Fund challenging the labeling of Perdue poultry products. The court found that the group lacked standing to challenge the department’s approval of labels for Perdue’s chicken and turkey products, highlighting the complexities of legal challenges in the food industry.

Lastly, Clif Bar & Co. has agreed to revise its labeling in a $12 million settlement to resolve consumer claims that the company misled consumers about the healthiness of its products. The settlement requires Clif Bar to make changes to its labeling to provide more accurate information to consumers, emphasizing the importance of transparent and truthful marketing practices in the food industry.

Overall, these recent developments in legislation, regulations, and litigation highlight the ongoing efforts to ensure the safety, transparency, and accuracy of food products in the market. Stakeholders, including government agencies, companies, and consumers, play a crucial role in shaping the future of the food industry and promoting public health and well-being.

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