Labeling, marketing & advertising

Soup-To-Nuts Podcast: Can duck be a dark horse of animal proteins?

Soup-To-Nuts Podcast: Can duck become the dark horse of animal proteins?

By Elizabeth Crawford

When it comes to eating meat in the US, chicken, without a doubt, is the main attraction with Americans consuming an average of 91 pounds last year – that is nearly double the roughly 50 pounds of pork and 55 pounds of beef consumed in the same period,...

Kroger's 'Private Selection' packaging is on the left, while Lidl's 'Preferred Selection' packaging is on the right...

Is Lidl infringing Kroger’s trademarks? Attorneys weigh in…

By Elaine Watson

Is Lidl’s ‘Preferred Selection’ private label “confusingly similar” to Kroger’s ‘Private Selection’?  Or is Kroger’s recent trademark infringement lawsuit against Lidl merely an opportunistic bid to derail a rival’s US market entry? 

As soda sales fall, kombucha rises

As soda sales fall, kombucha rises

By Elizabeth Crawford

Tumbling soda sales have opened the door to the mainstream market for a variety of functional beverages that were previously relegated to the natural channel, including kombuncha sales of which, according to one entrepreneur, grew 41% to $534 million...

Soup-To-Nuts Podcast: The business case for kosher certification

Soup-To-Nuts Podcast: The business case for kosher certification

By Elizabeth Crawford

Ethical claims on food and beverages sold in the US are almost as ubiquitous as the Nutrition Facts panel and while they are not legally mandated by FDA like nutritional information, some manufacturers might feel like they are just as obligatory given...

Picture: istockphoto-Traitov

GUEST ARTICLE: GMO labeling... What we know and what may happen next

By Jay W. Connolly, Edward F. Maluf and Owen Wolfe, attorneys, Seyfarth Shaw

One of the hottest topics in the food, beverage and dietary supplement industries, for both producers and advertisers, remains the disclosure of genetically modified organisms, or ‘GMOs,’ in these products.  

Lebby Snacks introduces a softer, sweeter chickpea snack to US market

Lebby Snacks introduces a softer, sweeter chickpea snack to US market

By Elizabeth Crawford

Competition in the roasted chickpea snack segment is heating up as more players enter the field, including newcomer Lebby Snacks, which stands apart from the others by offering a soft and chewy – but still roasted – version of the legume rather than the...

'GoCleanLabel certified' scheme rolls out, but what does it mean?

Attorney: ‘Slapping another undefined term on packages that could be attacked legally’ is risky

'GoCleanLabel certified' scheme rolls out, but what does it mean?

By Elaine Watson

A new 'clean label' certification scheme has been launched in the US market as the concept of ‘clean’ eating continues to gain traction. But will CPG brands embrace the ‘Go Clean Label Certified’ logo, and are there risks to using a term that...

Judge: 'The issue of whether... plant-based 'milk' should be deemed an 'imitation' fits squarely within the FDA’s authority'

A tale of two plant ‘milk’ lawsuits: Court stays Whitewave lawsuit, but dubs near-identical case vs Blue Diamond as ‘patently implausible’ and throws it out

Court stays Whitewave almondmilk lawsuit: 'Whether plant-based 'milk' should be deemed an 'imitation' fits squarely within the FDA’s authority

By Elaine Watson

A lawsuit alleging Silk almondmilk is falsely advertised as nutritionally equivalent to dairy milk has been stayed by a judge on primary jurisdiction grounds, while a near-identical case filed by the same law firm over Almond Breeze has been thrown out...

Plaintiff: 'Reasonable consumers believe that if a cow consumes GMO corn or soy, or is given rbST, then the cow’s end products are not ‘natural.’

Sargento attorney: This case is without legal basis and speculative

Sargento 'natural' cheese under fire in new lawsuit over GMO feed, rbST milk

By Elaine Watson

Should dairy brands using milk from cows that may have consumed GM feed or been treated with rbST be allowed to market their wares as ‘natural’? Not according to the latest in a new wave of false advertising lawsuits arguing that products utilizing genetic...

Trump administration sees four ways to help ag punch above its weight

Trump administration sees four ways to help ag ‘punch above its weight’

By Elizabeth Crawford

As part of a larger strategy to reduce the US deficit, the Trump Administration wants to help the agriculture sector “punch above its weight” by promoting trade, providing an affordable workforce, easing regulatory burdens and including it in the infrastructure...

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