Granny can’t catch a break. In the food and beverage industry, “NANA”-formative trademarks are plentiful. However, the owner of several such marks has overstepped its bounds, asserts Nana Joe’s LLC in its complaint filed earlier this month in the Eastern District of Texas. Nana Joe’s makes vegan and gluten free granola products, and has branded
The International Food and Beverage Alliance (IFBA) has delivered an open letter to the World Health Organisation (WHO), voluntarily pledging to cease marketing unhealthy food to children by 2016. The IFBA’s members include some of the world’s largest food and drink companies including PepsiCo, Nestle, Kellogg and Unilever.
The restriction is based upon a set…
In order to provide consumers with increased information to make well-informed food choices, the FDA announced today a noteworthy overhaul in the presentation of the Nutrition Facts panel on packaged foods. Among the revisions are updates to the display, including font size changes and bolded text, new serving size and nutrient content calculations, and added sugar information. The changes will have implications for the advertising industry, presenting advertisers with the opportunity to capitalize on various nutrition claims. The FDA has invited feedback on the proposed changes and will be accepting comments for 90 days. For more information, please read the recent post on our Life Sciences Legal Update blog.
Continue Reading FDA Makes Changes to Nutrition Facts Label
With news in this week that a certain Swedish retailer has joined the list of companies whose beef products have been found to contain elements of horsemeat, it is interesting to take a look at how the advertising industry has reacted to this debacle. Many brands are using the now Europe-wide “horsemeat scandal” to their…
Days after announcing the new Children’s Online Privacy Protection Act, the FTC released its study, A Review of Food Marketing to Children and Adolescents: Follow-Up Report, on the food and beverage marketing practices directed to children and teens. The report serves as a follow up to the FTC’s 2008 report on the same topic. …
Prop. 37 (The California Right to Know Genetically Engineered Food Act) is a November 2012 California ballot measure that requires clear labels informing consumers if foods are genetically engineered.
Under Prop. 37, retail food in California is misbranded if it has been entirely or partially produced with genetic engineering and that fact is not disclosed. There are different disclosure requirements for raw agricultural commodity and for processed food. In addition, if the food is “genetically engineered” or “processed food,” as those terms are defined under the statute, the food may not, on its label, accompanying signage, or in any advertising materials, state or imply that the food is “natural,” “naturally made,” “naturally grown,” “all natural,” or any words of similar import that would have any tendency to mislead any consumer. The application of this section with respect to “processed food” is subject to some ambiguity as the definition of that term seems overly broad. Under Prop. 37, “processed food” means “any food other than a raw agricultural commodity and includes any food produced from a raw agricultural commodity that has been subject to processing such as canning, smoking, pressing, cooking, freezing, dehydration, fermentation or milling.” The issue with this definition is that it is not limited to genetic engineering. The plaintiffs bar may try to capitalize on this ambiguity by bringing claims over foods that meet the plain language of the definition – even where no genetic engineering is involved – such as frozen vegetables, cooked foods, dried fruits, and fermented vegetables, just to name a few.
Continue Reading Prop. 37 and the Litigation Risks of Marketing “Natural” Foods
The global attack on advertising to children draws broad battle lines. As proposed by the European Parliament Committee on the Internal Market and Consumer Protection on July 19, 2011, the draft agenda for 2012 demonstrates a distrust of advertising generally, not just in relation to marketing of food products. The Committee has proposed a ban…
To: ANA Washington Reps and Legal Affairs Reps
From: Dan Jaffe
Subject: Congressman Kucinich to Introduce Ad Tax Bill
Date: October 29, 2009
We have learned that Ohio Congressman Dennis Kucinich plans soon to introduce legislation to eliminate the tax deduction for certain food advertising directed to children.
This comes on top of the…
In response to consumers’ desires to easily identify healthier food and beverage options, a number of major food and beverage producers have announced they are provisionally onboard with developing an industry-wide labeling program.
The Smart Choices Program is being launched under the auspices of The Keystone Center, a nonprofit Colorado-based organization that brings together public and private stakeholders to address social issues. Since the devil is in the details, the details surrounding the program’s implementation have not been settled, The Keystone Center warned in announcing the program’s rollout.
Nonetheless, companies that so far have stepped forward as “likely implementers” of the new labeling program include many of the industry’s heavy hitters: Coca-Cola (US), ConAgra Foods, General Mills, Kellogg Company (US), Kraft Foods, PepsiCo (US), Unilever (US) and Wal-Mart. In addition, Nestlé is in the process of reviewing the program to determine whether it will participate.Continue Reading Food Companies Try To Adopt Common Labeling Solution
This post was written by Carolyn E. Pepper and Tina Sany-Davies.
OFCOM, the UK media regulator, published rules regarding advertising food and drink products to children.
A consumer watchdog in the UK, Which?, has said that the rules, which aim to curb advertising foods assessed as high in fat, salt and sugar (“HFSS”) to children,…