On November 11, 2020, we blogged about Oklahoma’s meatless meat statute.  Like similar statutes in other states, the primary purpose of the Oklahoma law was to protect traditional producer of meat and poultry from competition from plant- and cell-based producers of meatless meat.  Unlike other states, however, Oklahoma did not attempt to ban the use of the word “meat,” or other descriptors such as “bacon” or “burger.”  Oklahoma merely required producers of meatless meat to proclaim its origins in labeling of the same size and font as the product’s name.

On November 19, 2020, the District Court denied plaintiffs’ motion for a preliminary injunction.  The Court held that the governing case was Zauderer v. Office of Disciplinary Counsel, which allows the government to require disclosure of purely factual and uncontroversial information, so long as it is reasonably related to a substantial government interest and not unduly burdensome.
Continue Reading Meatless Meat Update

The U.S. Food and Drug Administration (FDA) recently released guidance to assist food and dietary supplement companies on how to convert the previous units of measure for folate, niacin, vitamin A, vitamin D, and vitamin E to the new units required on the updated Nutrition Facts and Supplement Facts labels.  The guidance includes step by step instructions, conversion factors for each nutrient, and sample calculations for converting to the new units of measure.

Continue Reading FDA Releases Guidance on Convert Units of Measure for Certain Nutrients on Nutrition and Supplement Facts Labels

Food manufactures facing deceptive food labeling claims under the Missouri consumer fraud statute were recently dealt a setback by the Missouri Court of Appeals for the Eastern District of Missouri. On November 8, 2016, the appellate court issued an opinion in Murphy v. Stonewall Kitchen, LLC, reversing the trial court’s adoption of the so-called

As the deadline draws closer for Congressional action preempting state laws mandating GMO food labeling, which are set to take effect next year, a late lobbying push to include a policy rider in the Omnibus appropriations legislation fell short of meeting the goal of some in the industry of a national GMO labeling compromise. The text of the bill, unveiled early Wednesday morning, is silent on broader GMO food labeling requirements. A provision aimed at genetically engineered salmon, however, may provide a glimpse into Congress’ plans in early 2016.

Last month, the FDA approved a type of salmon genetically designed to speed the growth to market size and declined to mandate special labeling for this unique salmon. Instead, the Omnibus legislation appropriates $150,000 in funding to the FDA to finalize and implement guidelines for the labeling of genetically modified salmon before allowing sale. Proponents of mandatory GMO labeling are calling the provision a victory, while those seeking a preemptive nationwide standard remain disappointed. Specifically, GMO food manufacturers worry that compliance with a patchwork of state laws could result in hundreds of million dollars in compliance costs.
Continue Reading No GMO National Labeling Standard… Yet