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Year In Review: 2020 Food, Beverage & Supplement Litigation Round-Up

The global pandemic, stay at home orders, and government issued lockdowns did not stop 2020 from being yet another active year for new regulatory activity and litigation targeting the food, beverage and supplement industries.

In this round-up, Bryan Cave Leighton Paisner LLP presents a collection of regulatory developments, key court decisions, and notable settlements that were reached in 2020.

The highlights of this 2020 round-up include:

  • New federal and state legislation governing food labeling, packaging, and taxation
  • Litigation trends within the food industry
  • COVID-19 related litigation and regulation
  • An update on regulations and litigation regarding CBD-based products
  • Slack fill litigation update
  • Plant-based product litigation update
  • Prop 65 and food safety update
  • Notable rulings and settlements
  • A preview of areas to watch in 2021

U.S. COVID-19: OSHA Issues Guidance Addressing Mitigation and Prevention of COVID-19 in the Workplace

February 3, 2021

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U.S. COVID-19: OSHA Issues Guidance Addressing Mitigation and Prevention of COVID-19 in the Workplace

As part of President Biden’s first executive actions, on January 21, 2021, the president ordered the federal Occupational Safety and Health Administration (“OSHA”) to issue new science-based guidance to protect workers and enhance workplace health and safety during the Covid-19 pandemic. In compliance with this executive order, on January 29, 2021, OSHA issued new guidance to help employers better identify risks of being exposed to and/or contracting COVID-19 and to ascertain appropriate control measures employers can implement to address those risks. The guidance, titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace,” (“Guidance”) contains advisory recommendations and reinforces already existing mandatory safety and health standards. This Alert provides an overview of this new federal Guidance and highlights important considerations for employers.

Click here to read the Alert in full.

U.S. FDA Relaxes Menu and Nutrition Facts Labeling Requirements in Response to Pandemic

April 9, 2020

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In response to the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) has temporarily relaxed some of its requirements concerning menu and nutrition labeling, and extended certain enforcement deadlines.

Menu Labeling

The FDA has announced that it “will not object” if, during this public health emergency, restaurants and retail food establishments do not meet menu labeling requirements requiring disclosure of calories and other nutritional information.

The FDA regulations  typically apply to restaurants and similar retail food establishments that are part of a chain with 20 or more locations, doing business under the same name, and offering for sale substantially the same menu items.

The FDA stated that this policy is intended to provide flexibility to restaurants and food establishments that may have to rapidly transition to take-out only or that are experiencing disruptions in their supply chains requiring substitutions. To provide further guidance, it

FDA and FTC Warn Against Making Unapproved COVID-19 Claims

April 8, 2020

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FDA and FTC Warn Against Making Unapproved COVID-19 Claims

April 8, 2020

Authored by: BCLP Digest

In response to the outbreak of COVID-19, the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have issued several new warning letters to companies claiming their products prevent, treat or cure the novel coronavirus. This follows the seven warning letters jointly issued by the agencies in early March.

  • Gaia’s Whole Healing Essentials LLC was warned for selling colloidal silver products with claims that the products can build immunity and possess anti-viral properties for the treatment or prevention of COVID-19.
  • Homeomart Indibuy was warned for claiming that its homeopathic drug products treat respiratory illnesses and act as a prophylactic to protect from COVID-19 infection.
  • Health Mastery Systems DBA Pure Plant Essentials was warned for selling essential oils with claims that the products are safe and/or effective for the treatment or prevention of COVID-19. In addition to identifying improper claims made on the manufacturer’s website, the warning letter also

Year in Review: 2019 Food, Beverage and Supplement Litigation Roundup

2019 was another active year for new regulatory activity and litigation targeting the food, beverage, and supplement industries.

In this roundup, Bryan Cave Leighton Paisner LLP presents a collection of regulatory developments, key court decisions, and notable settlements that were reached in 2019 and early 2020.

The highlights of this 2019 roundup include:

  • New federal legislation governing food labeling.
  • New regulations and a burst of litigation regarding CBD-based products.
  • An update on slack fill litigation.
  • Notable rulings, trials, and settlements.
  • Prop 65 and food safety update.
  • A preview of areas to watch in 2020.

FDA Issues Guidance on Alcohol-Based Hand Sanitizer Production in Response to COVID-19

March 27, 2020

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In response to the outbreak of COVID-19, the Food and Drug Administration (“FDA”) has issued guidance for industry that will temporarily expand manufacturers’ ability to legally produce and sell alcohol-based hand sanitizer.  These new measures are intended to address a shortage of alcohol-based hand sanitizer products, as well as reports that consumers have attempted to produce hand sanitizer for their own personal use, which raises serious safety concerns.  This Alert summarizes the latest guidance and provides takeaways for consideration.

1. Policy for Temporary Compounding of Certain Alcohol Based Hand Sanitizer Products During the Public Health Emergency (March 2020).

The first guidance to issue is specifically directed at pharmacists in state-licensed pharmacies or federal facilities and registered outsourcing facilities, which the FDA describes collectively as “compounders.”

Compounding is a practice in which a licensed pharmacist, physician, or, in the case of an outsourcing facility, a person under the supervision of a

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