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

FDA Misses FSMA Deadline - What Food Processors Can do to be Compliant for Later

The Food and Drug Administration was supposed to implement the preventive controls requirement and a voluntary qualified importer program but has not met its own requirement.

07/13/2012

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

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

FDA Accepts Use of Existing Labels

The FDA has agreed to accept requests by processors to use existing labels after the trans fat labeling effective date.

11/01/2005

Establishing the Allergen Threshold

Unfortunately, science does not allow us to know with certainty that a particular allergenic protein will not cause a single reaction in the entire population of sensitive individuals at a given level of exposure.

08/29/2005

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

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

Controlling the Pest Problem At Food and Beverage Manufacturing Plants

A food illness outbreak may not shut down a plant, but woe to the processor who fails to maintain a rigorous pest control program.

02/12/2014

Consumers Aware of Whole Grain Benefits

With consumers increasingly aware of the benefits of whole grains, a simple, factual statement about their presence is enough.

03/24/2005

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

Bioterrorism Recordkeeping Essentials

This month, FDA expects food companies to start "one-up, one-down" recordkeeping.

12/19/2005

Atkins Put to the Test

Nutrition is complicated. It's not a bad thing to question the science underlying conventional wisdom.

05/07/2007

Aspartame Under Further Scrutiny

The sweetener is the most scrutinized food additive present in the diet. Regulatory bodies around the world have agreed many times on its safety.

08/08/2007

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

2005 Regulations on Trans Fat Content Labeling

Decades of evidence finally led to federal regulations calling for labeling trans fat content on the Nutrition Facts panel of packaged foods by January 1, 2006.

08/02/2005