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Food and Beverage Labeling Litigation: Recent Trends | Skadden, Arps, Slate, Meagher & Flom LLP


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The food and beverage industries introduced numerous technologies and products over the past year and a half that have raised new questions about advertising practices and presented novel legal issues regarding how goods are labeled. Meatless meat, COVID “cures” and the eternal debate over what it means for a product to be “all natural” have given rise to changes in labeling law, spurred by private litigants and regulators.
Manufacturers and States Face Off Over Meatless Meats
With “McPlant” sandwiches appearing alongside Big Macs throughout the country,
1 the growing mainstream acceptance of plant-based proteins by consumers seems undeniable. As the technologies develop to make pea protein and soy acceptable alternatives to beef, questions have arisen regarding how these products should be labeled when sold to consumers. ....

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AD-ttorneys@law – May 2021 #1 | BakerHostetler


SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b)
Well, the buck stops here (for now).
In AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the Federal Trade Commission (FTC) Act does not authorize the FTC to obtain equitable monetary relief such as restitution or disgorgement. This highly anticipated landmark decision reverses decades of precedent and strips the FTC of one of its key enforcement tools for obtaining consumer redress. The decision will likely represent a sea change in FTC enforcement practices. Read more here.
First FTC Complaint Filed Under New COVID-19 Consumer Protection Act ....

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