Regulatory

In this courtroom roundup: Kellogg’s fight against misleading veggie claims returns, Beyond Meat and Dunkin’ sued by Philadelphia plant-based meat company over trademark infringement, Motif challenges Impossible’s heme-tech patent and more.

The Food and Drug Administration is now soliciting public comments to evaluate the importance of guidance on food allergens not named in the Federal Food, Drug, and Cosmetic Act (FD&C Act). The final guidance aims to identify and rank allergens capable of inducing anaphylaxis.

AtlantaFresh Artisan Creamery’s case against Whole Foods Market is moving forward after U.S. District Judge Thomas W. Thrash denied Whole Foods’ motion to throw out a $15 million breach of contract lawsuit. The case alleges the natural grocery chain prematurely and ‘abruptly’ broke a seven-year distribution contract with grass-fed dairy producer AtlantaFresh Artisan Creamery and caused the business to go under.

The FDA announced last week that it will not enact specific provisions from the 2021 Yogurt Standard Of Identity (SOI) regulations after the International Dairy Foods Association (IDFA) and Chobani filed six objections to specific articles regarding ingredients and processes used for yogurt production.

Last week, plant-based cheese and butter maker Miyoko’s Creamery emerged victorious in what could be a landmark legal case for dairy and meat alternative CPG brands. Citing the company’s first amendment rights, a California judge ruled the company can continue to use terms such as “butter,” “lactose-free” and “cruelty-free.” However, while the case could provide plant-based brands with some much needed legal precedent to defend the practice of using meat and dairy terms on their labels, the fight ahead is anything but cut and dried.

Citing concerns about unproven claims and potential violations of the Federal Food, Drug and Cosmetic Act, the Food and Drug Administration released warning letters this week that it had sent to a pair of food brands that offer children exposure to allergens in the hopes of warding off allergic reactions later in life. The agency gave both SpoonfulOne and Ready, Set Food! 15 days to reply to the letters or else risk legal action.

The FDA last week published a long awaited proposed rule requiring producers and processors of “high-risk” foods to keep more detailed records to improve supply chain traceability. While the agency believes an industry-wide standard for tracing high-risk foods could help identify an outbreak’s source 84% faster, reducing illnesses and costly recalls, the plan could require additional capital investments from some food producers, and the FDA is debating whether small companies should be exempt.

A proposed rule by USDA, ‘Strengthening Organic Enforcement,’ aims to curb organic fraud via more oversight of the organic marketplace, including production, handling and sales. If implemented, it would be the largest update to organic oversight in 20 years.

Following the ongoing relaxation of GMO labeling laws by the USDA, a coalition of industry members led by the Center for Food Safety last week sued the agency, noting that a lack of regulation over the growing biotech industry is threatening the ability to provide transparency in food and beverage products — something consumers increasingly want.

In a test of 200 CBD products the FDA found many contained CBD levels inconsistent with their labels — though not explicitly unsafe. The overall variability points (again) to what brands, researchers and advocacy organizations say is the bigger problem: lack of regulation in the budding industry.