A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

                                                                                                                                               

Judicial: Food Labeling

In MOLLY BROWN, et al., Plaintiffs, v. NATURES PATH FOODS, INC., Defendant. Additional Party Names: Lauren Morgan, Parsa Miller, No. 21-CV-05132-HSG, 2022 WL 717816 (N.D. Cal. Mar. 10, 2022), the court considered whether defendant’s breakfast and snack products falsely advertised the amount of protein they contained. The plaintiffs alleged that the front and side labels were misleading or did not meet FDA requirements. The court found that plaintiffs did not have standing for the side label claim because they did not provide any evidence that they reviewed the nutrition facts label before buying the products and that the plaintiffs only based their purchasing decision on the front label. The court also found that the front label claim was preempted because the FDA does not require protein content claims to adjust for digestibility or to be calculated using amino acid contest testing. Lastly, the court addressed the plaintiffs claim that the product failed to prominently display the type and quantity of the other ingredients to be added to the product by the user on the front label as required by the FDA. The third claim by plaintiffs was adequately pled and survived the defendant’s motion to dismiss.

                                                                                                                                               

LEGISLATIVE: Includes United States

UNITED STATES

H.R. 2471 is a $1.5 trillion federal omnibus spending bill for the fiscal year ending September 30, 2022. Info here.

                                                                                                                                               

REGULATORY: EPA, NOAA

ENVIRONMENTAL PROTECTION AGENCY

Notice announcing that the EPA has submitted an information collection request, “Meat and Poultry Products Industry Data Collection” to the Office of Management and Budget for review and approval. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Notice announcing that NOAA/NMFS has received a request from Ocean Wind, LLC, for authorization to take marine mammals incidental to marine site characterization surveys. Info here.

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