Voices: Regulatory Issues

The Supreme Court's Lesson on Labeling

In Pom Wonderful v. Coca-Cola, the court encourages 'policing' of labels by competitors.

By David Ter Molen of Freeborn & Peters LLP

MinuteMaid Pomegranate Blue The U.S. Supreme Court’s unanimous ruling on June 12 in favor of Pom Wonderful has important implications for food processors. Until now, compliance with FDA labeling regulations generally meant a product was immune from a claim that its labeling is deceptive or misleading with respect to those aspects of the label sanctioned by FDA regulations.

Read more

More from this author...

Title

Modernization of Food GMPs

Most of the modernization opportunities involve written documentation or recordkeeping, suggesting FDA wants to enforce the food GMP regulations efficiently.

01/31/2006

FDA Denies Petition on Whole Grain Descriptors

Currently, hundreds of products are marketed with “whole grain” statements, despite ambiguity concerning the regulatory status of descriptors such as “good” and “excellent” source.

02/23/2006

Questionable New Tactics in Obesity Battle

The Center for Science in the Public Interest assumes incorrectly there is no room in a healthy diet for enjoyable foods.

03/29/2006

Marketing Products Using the Dietary Guidelines

Companies must ensure that any marketing use of the guidelines is truthful and not misleading within the total context.

04/04/2006

WTO Sides with U.S. on GM Crops

What the World Trade Organization decided on biotech foods in the European Union, and what it means to American producers.

04/11/2006

FDA Budget Cut May End Food Contact Notification Program

The agency’s proposed budget may mean an end to the efficient and speedy Food Contact Notification Program … and two- to five-year waits for reviews.

05/21/2006

Codex Standards Help Resolve Trade Disputes

No longer the province of food scientists, Codex meetings and standards play a role in the resolution of trade disputes.

06/01/2006

Self-Regulation of Advertising to Children

Emotions run high when it comes to advertising to kids, but processors have an alphabet soup of tools for enacting voluntary regulations.

06/29/2006

EU Rules on Health Claims Take a Step Forward

Ten years in the works, the European Parliament’s review of health and nutrition claims on food labels may end a longstanding prohibition against claims relating to human diseases.

06/30/2006

Opportunities and Challenges of Functional Ingredients

Common use in dietary supplements simply does not go far toward establishing GRAS status for a functional ingredient’s use in conventional foods.

08/07/2006

Guard Against Intentional Contamination

The food industry is fortunate Congress and FDA have not developed more specific requirements for food security.

09/06/2006

Food Safety Warnings

Two developments regarding the preemption of state food safety warnings the food industry should know.

09/06/2006

FDA Reports on Allergen Contamination

If the food industry continues to show awareness of the dangers of food allergens, FDA and Congress likely will continue with a measured and deliberative approach.

09/27/2006

2006 Regulatory Roundup

As the legislative year grinds to a halt, here’s what’s left - and what will be on the table when things pick up again.

09/28/2006

Regulating Food Nanotechnology

In addition to questions about how FDA will address food nanotechnology is the question of consumer acceptance. Hopefully, we will not see a repeat of the war against genetically modified foods.

10/23/2006

Regulatory Issues: FDA considers functional foods

Existing requirements for functional foods meet a very high standard; any additional requirements would exceed FDA’s statutory authority.

01/09/2007

Democrats Eye Regulatory Changes

We may see the creation of a Food Safety Administration, taking all food safety activities from FDA, USDA and EPA.

02/01/2007

Food Allergen Update

At the end of 2006, FDA issued Edition 4 of its Food Allergen Guidance for Industry.

02/07/2007

No Ongoing Scientific Debate About Dangers of Trans Fats

For better or for worse, there seems to be no real, ongoing scientific debate about whether trans fats are truly dangerous.

03/05/2007

Natural Claim Still Subject to Uncertainty Over Standards

A "natural" claim for foods is still subject to uncertainty over standards.

04/03/2007