Husch Blackwell will host BioBreak on the Plaza: The Future of Biopressing Technology in our Kansas City office on December 11, from 3:45-6:30 p.m. The panel will discuss what makes biologics unique from other pharmaceuticals and treatments, what the bioprocessing industry looks like in our region, and the types of innovation happening within these fields.

Continue Reading The Future of Bioprocessing Technology

We have blogged several times, most recently on October 15, 2019, about the so-called meatless meat statutes. These statutes attempt to protect producers of meat from competition from plant- or lab-based foods that are engineered to look and taste like real meat. The stated rationale is to prevent purveyors of meatless meat from misleading consumers. As is the case with many consumer protection statutes, the real objective is to protect competitors.

Continue Reading Meatless Meat Update

Earlier this year, a class action complaint was filed against Coca-Cola and one of its subsidiaries, Fairlife LLC, alleging false advertising for selling “humanely sourced” milk. Why false? According to the complaint, which was filed in June, the dairy cows milked at Fairlife’s flagship farm were subjected to allegedly “horrendous animal abuse,” despite Fairlife’s claims in its advertising and on its labels that its animals lived in “extraordinary care and comfort.”

Continue Reading Spoiled Milk: A Cautionary Tale of Advertising and Labeling for the Animal Products Industry

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

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

On June 7, 2019, the Office of Environmental Health Hazard Assessment (OEHHA) announced that it has adopted a final regulation eliminating the requirement for coffee to carry a Proposition 65 warning label. The regulation overturns a California State Court decision that found that coffee retailers failed to prove that the chemicals present in coffee, such as acrylamide, pose no significant risk of harm, requiring coffee to bear a warning.  
Continue Reading California’s OEHHA Finalizes Regulation Rescinding Warning Requirement for Coffee

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently issued an industry circular which makes clear that cannabidiol (CBD), a product derived from hemp, is not permitted in alcohol beverages.

TTB generally consults with the U.S. Food and Drug Administration (FDA) when establishing whether an ingredient for use in an alcoholic beverage is safe. Last December, the Agriculture Improvement Act of 2018, which is commonly referred to as the 2018 Farm Bill, was enacted. The 2018 Farm Bill amended the definition of marijuana under the Controlled Substances Act to exempt “hemp”, which is defined as:

the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Source: 7 U.S.C. 1639 o(1).


Continue Reading TTB Follows FDA’s Lead and Prohibits use of CBD in Alcoholic Beverages