Food and Beverage Litigation Update – October 2021 | Shook, Hardy & Bacon LLP


Webinar: The FDA Just Left… What Now? Respond to a 483

Shaken avocado John johnson joins Judi Lazaro from AIB International for another part of their webinar series answer frequently asked questions about FDA regulations. Join Johnson and Lazaro on October 25, 2021 at 1:00 p.m. CT to learn more about how to respond to an FDA inspector’s finding of unacceptable conditions.

483 is perhaps the most feared number when it comes to food security. This number is the designation of a form where an FDA inspector records unacceptable conditions in your facility that may constitute violations of the Food, Drug, and Cosmetic Act. If an inspector gives you a Form 483, the next question is, “Now what should I do?” For the third webinar in this series, join John Johnson of the law firm Shook, Hardy & Bacon and Judi Lazaro of AIB International, who have accumulated decades of experience in food safety and FDA compliance. They’ll ask themselves the questions you’ve always wanted to ask and then respond with stories and practical advice. Prepare to ask your questions, as they will end the session with an open question and answer session.

Register for the webinar now >>

FDA issues sodium reduction guidelines for food producers

The United States Food and Drug Administration (FDA) has published advice on limiting sodium in processed and packaged foods. “Limiting certain nutrients, such as sodium, in our diets plays a crucial role in preventing diseases such as hypertension and cardiovascular disease which have a disproportionate impact on racial and ethnic minority groups; these diseases often result in the loss of hundreds of thousands of lives and billions in annual health care spending, ”the agency said in a statement. Press release. The statement notes that “people consume 50% more sodium than recommended” and “about 70% of the sodium we consume comes from packaged, processed foods and restaurants.”

“[W]We recognize that the bulk of food consumption in the United States comes from a relatively small number of products and menu items on the market that are made by a limited number of food manufacturers, ”the guide says. “Reformulation by these food manufacturers may result in an increased demand for low sodium versions of the ingredients used to produce packaged and prepared foods. “The FDA notes that it specifically targets two categories of food producers with the guidance: (i)”[f]food manufacturers whose products represent a significant share of national sales in one or more categories “and (ii)”[r]restaurants and similar retail food chains of national or regional scope.

FDA issues guidelines on food contact substance notifications

The United States Food and Drug Administration (FDA) has published two guidance documents on notifications of food contact substances, concerning toxicological recommendations and administrative processes. The food contact substance notification process is “the primary means by which the FDA regulates food additives that are food contact substances (FCS)”. Guidance documents define a food contact substance as “any substance intended for use as a component of materials used in the manufacture, packaging, packaging, transport or preservation of food if the use is not ‘is not intended to have any technical effect in the food,’ according to the Federal Food, Drug and Cosmetic Act.

UK launches project to minimize food greenwashing

The UK Environment Agency has announced plans to “establish standardized parameters for measuring the environmental performance of the food and drink sector”. The agency “aims to facilitate business and public understanding of companies’ environmental performance in key areas such as greenhouse gas reduction and resource efficiency,” according to the announcement. The agency said it intended to encourage companies to establish “greener manufacturing processes and business operations that help tackle climate change” and positioned the project as an aid to companies with the ‘intention to “effectively communicate their environmental performance to the public”.

Shortbread cookies lack expected butter, consumer says

A complainant alleged that Mondelez Global LLC is misleading consumers about the butter content of its Lorna Doone shortbread cookies. Troutt v. Mondelez Global LLC, No. 21-1279 (SD Ill., Benton Div., filed October 19, 2021). The applicant argues that “the ingredients of the product are incompatible with what consumers expect from a food identified as ‘shortbread cookies'” and states that “ defines shortbread cookies as” a butter cookie generally made in thick wheels shaped like pies or rolled and cut into fancy shapes. “Instead of butter, alleges the complainant, Mondelez uses” shortbening supplied exclusively from vegetable oils “, resulting in a biscuit which” does not have the nutritional, organoleptic and sensory attributes of shortbread “. In addition, the consumer argues that the portrayal of Lorna Doone cookies as providing a ” melt in your mouth ‘taste is false and misleading’ because ‘vegetable oils do not melt at mouth temperature and leave a sensation. waxy in the mouth “, while” “[b]utter melts at mouth temperature and does not contribute to a waxy feeling. The complaint also states that “[s]Shortbread cookies made with the expected ingredients are not a rare or expensive delicacy that would require a reasonable consumer to “check” to confirm the presence of butter by scrubbing the packaging. The plaintiff alleges misrepresentation, fraud, unjust enrichment and violations of Illinois consumer protection laws.

Regulatory differences between UK and US explored through Sprinkles lens

Several publications have detailed the story of Get Baked, a UK bakery, to examine how food regulations differ in the UK and the US. Get Baked was forced to stop selling its 12-layer chocolate cake and raspberry glazed donuts after a UK trade standards inspector discovered the desserts were topped with sprinkles containing a substance labeled in United Kingdom as erythrosine, or E127, an additive only approved for use in cocktail cherries and candied cherries in accordance with BBC. In the United States, the substance is labeled as FD&C Red No. 3, according to NPR, and is permitted in foods but was limit for certain uses in 1990 after studies purported to show that “very high doses of the coloring additive can cause cancer in laboratory animals”. The BBC also noted that studies have linked the additive to hyperactivity in children and an increased risk of thyroid tumors. The owner of Get Baked told the BBC he preferred American sprinkles, noting: “British sprinkles are rubbish. They work and are not baked. The colors are not vivid and they just don’t look very good.

In a declaration, West Yorkshire Trading Standards said: “We stand by the advice given and urge all food business operators, when seeking to use imported feed containing additives, to verify that it is authorized for use in the UK . “


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