Author Archives: David Rutkowski

Federal Court Finds Issue of Fact on “Artificial Flavor” Label — Partially Grants Class Certification

Recently, the United States District Court for the Southern District of California granted partial certification to a class-action suit filed over alleged false advertising based primarily upon the labeling of “artificial flavors” in beverages manufactured by defendant Ocean Spray Cranberries, Inc. The plaintiff claimed that the labels on certain juice-based beverages falsely stated “No . . . artificial flavors” when in fact the beverages contained artificial flavoring chemicals (malic acid and fumaric acid) that simulate the advertised fruit flavors.   The plaintiff was seeking to certify…

Continue Reading....

FDA Offers Guidance for Mandatory Food Recalls

The U.S. Food and Drug Administration (FDA) recently issued guidance to the “industry” and FDA staff as to mandatory food recalls and providing integral information on how to handle and/or implement such food recalls when necessary. This guidance expands upon the FDA’s mandatory food recall authority that was first enacted under Section 423 of the Federal Food, Drug and Cosmetic Act (FD&C Act), which was added by Section 206 of the FDA Food Safety Modernization Act of 2011 (FSMA).  The FDA’s mandatory food recall authority…

Continue Reading....

FDA Alert Concerning Consumption of Certain Food Products Infused with Liquid Nitrogen

The U.S. Food and Drug Administration (FDA) has recently issued an advisory about the potential harmful effects of a new food trend – the consumption of food and/or beverages infused with liquid nitrogen when the infusion is performed at the point of sale.  According to the FDA, examples include infused solid food products, such as cheese puffs, and beverages.  The infused products emit a smoke-like vapor or fog effect.   The liquid nitrogen is infused just before they are served and are often available at food…

Continue Reading....

What Do We Know About Plant-Based Products & Dairy Foods – FDA Wants to Know

The FDA notes an emergence and expansion of plant-based products that are labeled in a manner that includes the names of dairy foods such as “milk” (i.e. “soy milk” and “almond milk”); “cultured milk” (i.e. “coconut kefir”); “yogurt” (i.e. “soy yogurt” and “almond yogurt”); and “cheese” (i.e. “vegan mozzarella cheese”).  You will often find these types of products located near or along with their dairy counterparts and in similar packaging.  However, the FDA notes these plant-based products may not have the same basic and essential…

Continue Reading....