We last blogged about Tofurky’s challenge to Missouri’s meatless meat statute on September 16, 2019.  Settlement negotiations had broken down and the parties asked the District Court to address plaintiffs’ motion for preliminary injunction.  On September 30, 2019, the Court issued an order certifying a defendant class consisting of the prosecuting attorneys in each county in Missouri.  To our considerable surprise however, the Court denied the motion for preliminary injunction. Continue Reading Meatless Meat Update

There is a House of Representatives bill pending that if passed would allow shipment of alcohol beverages through the US Postal Service. Currently alcohol beverages may only be shipped through a common carrier such as UPS or FedEx. If the legislation passes the ban on shipping through the mail would be lifted, and products could be mailed by individuals and entities permitted to ship alcohol beverages. State laws regarding shipping and delivering alcohol beverages to a person’s home, including age verification, would still apply.

If you have questions about the bill or generally about shipment of alcohol beverages, please contact Adena Santiago.

On July 1, 2019, we blogged about the Supreme Court’s ruling striking down various Tennessee regulations whose purpose and effect was to limit the ability of non-Tennessee actors to compete in the retail market for alcoholic beverages. Tennessee Wine & Spirits Retailers Ass’n v. Thomas, 139 S.Ct. 2449 (2019). Last month, the Fifth Circuit addressed a somewhat different restriction imposed by the State of Texas. Wal-Mart Stores, Inc. v. Texas Alcoholic Beverage Com’n, 935 F.3d 362 (5th Cir. 2019).

Continue Reading Texas Ban on Retail Liquor License for Public Corporations

The U.S. Food and Drug Administration (FDA) has launched an updated version of the Food Defense Plan Builder to help companies meet the requirements of the Mitigation Strategies to Protect Food Against Intentional Adulteration regulations at 21 C.F.R. part 121, also known as the Intentional Adulteration (IA) rule.

Continue Reading FDA Launches Revised Food Defense Plan Builder

The U.S. Food and Drug Administration (FDA) recently announced it will hold a public meeting on October 21, 2019 to discuss the “New Era of Food Safety.” FDA is exploring new and emerging technology to assess risks and prioritize resources, while creating a digital, traceable, and safer system. The agency’s initial focus areas are traceability, smarter tools and approaches for prevention, the challenges of new business models and retail food safety, and support for the development of food safety cultures.

Continue Reading FDA Announced Public Meeting on New Era of Food Safety

There have been numerous stories in the media about the heartbreaking illnesses associated with vaping. In this post on Husch Blackwell’s Cannabis Law Now blog, Seth Mailhot (with the help of Fall Clark Julia Banegas) explains the launch of a criminal probe by the FDA, the parallel investigation by the CDC and details how companies can appropriately prepare for an FDA inspection.

On July 10, 2019, we last blogged about the several states’ war on advertising plant- or cell-based products as “meat.”  We suggested that the State of Missouri’s refusal to settle Tofurky’s lawsuit made no sense, because the State’s response to Tofurky’s motion for preliminary injunction effectively conceded the relief that Tofurky sought.  Judge Gaitan evidently agrees.  He has ordered the parties to participate in mandatory mediation.

Continue Reading Meatless Meat Update

The Federal Trade Commission (FTC) sent Warning Letters to three companies that sell products containing cannabidiol (CBD) and advertise that the products prevent, treat, or cure disease without substantiation of the purported health benefits.  The products covered by these warnings letters were oils, tinctures, gummies, and dietary supplements.

Continue Reading FTC Issues Warning Letters to Three CBD Companies

Bacardi U.S., Inc. is facing a class action lawsuit in Florida due the use of grains of paradise in Bombay Sapphire® Gin.  In Uri Marrache v. Bacardi USA, Inc., et al., Case No. 2019-023668-CA-01 (Miami-Dade Cir. Ct. Aug. 9, 2019), the plaintiff alleges that the use of grains of paradise violates a Florida state law preventing the adulteration of liquor with certain ingredients resulting in a violation of Florida’s Deceptive and Unfair Trade Practices Act (FDUTP).

Continue Reading Class Action Tests Allowed Ingredients in Gin under Florida Law