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Arnold & Porter recently won a significant victory in
securing a preliminary injunction stopping new Proposition 65
acrylamide litigation involving foods and beverages based on the
First Amendment of the US Constitution. This is a landmark ruling
with broader implications for the future of Proposition 65
enforcement for chemicals beyond acrylamide and for a wide range of
exposure scenarios.
Acrylamide has been a prime target for Proposition 65
enforcement. Since 2002, private enforcers have served more than
one thousand pre-litigation notices of violation concerning
acrylamide in food and beverage products, reaping millions of
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The United States Department of Agriculture ( USDA )
is now seeking comments from the public in connection
with the Biden administration s wide-ranging review of
America s supply chains. USDA s request is the first
to address the administration s year-long sectoral supply chain
evaluations - in this case agricultural commodities and food
products.
USDA s notice requests comments and information on a
wide-range of issues relating to labor acquisition and training,
technology, climate and environment, transportation, storage and
distribution, research and development, and financing.
The notice specifically calls out the following goods and
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Presently, the food and beverage sector is leading in terms of
adoption and implementation of bioplastics. In 2016, for instance, Mars introduced a
bioplastic wrapper made from potato starch by-products for
Snickers® candy bars. Bioplastic food packaging, like
the Snickers® wrapper, remains and will continue to remain in
high demand. Like other food packaging, bioplastic food packaging
must be approved by the Food and Drug Administration (FDA). The FDA
currently does not have a definition of or specific regulations for
bioplastic food packaging. Accordingly, bioplastic food packaging
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Following closely on the heels of both New York and New Jersey
enacting recreational cannabis laws, New Mexico and Virginia have
enacted their own laws allowing adults to use cannabis for
recreational purposes. Virginia went further by enacting the first
law providing employment protections to individuals using cannabis
oil. Although not immediately effective, New Mexico and Virginia
employers should immediately assess the implications of the laws on
their current policies and drug testing practices.
Virginia s Cannabis Oil Law
In late March 2021, Virginia amended the state s medical cannabis
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Welcome to RPC Bites. Our aim in the next 2 minutes is to
provide you with a flavour of some key legal, regulatory and
commercial developments in the Food & Drink sector over the
last fortnight. with the occasional bit of industry gossip thrown
in for good measure. Enjoy!!
Access the full edition of RPC Bites here.
Breaking News - Colin the Caterpillar v Cuthbert the
Caterpillar
Just two days ago, Marks & Spencer plc (M&S) initiated
High Court proceedings against Aldi in relation to the sale of