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Shook Hardy & Bacon LLP | USA | 9 Oct 2017

Food & Beverage Litigation Update - Issue 649

A report from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services has concluded that the Food and Drug…
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Shook Hardy & Bacon LLP | USA | 9 Oct 2017

Court Denies Certification in Tito’s "Handmade" Suit

A New York federal court has denied class certification to a plaintiff alleging that Fifth Generation, Inc. falsely advertised Tito's Handmade Vodka…
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Shook Hardy & Bacon LLP | USA | 9 Oct 2017

NAD Recommends French’s Discontinue "Greatest Tasting Ketchup" Ads

The National Advertising Division (NAD) has recommended that French's Food Company pull Facebook and print advertising claiming that its ketchup and…
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Shook Hardy & Bacon LLP | USA | 9 Oct 2017

FDA Warns Granola Company About Listing "Love" Ingredient

The U.S. Food and Drug Administration (FDA) has warned Nashoba Brook Bakery that it has misbranded its granola by listing "Love" as one of its…
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Shook Hardy & Bacon LLP | USA | 9 Oct 2017

GAO Criticizes Lack of Oversight of Antibiotic Residue Levels in Imported Seafood

A U.S. Government Accountability Office (GAO) study has criticized the U.S. Food and Drug Administration (FDA) and the Department of Agriculture's…
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Shook Hardy & Bacon LLP | USA | 9 Oct 2017

Gatorade Agrees Not to Assert that Water is Bad For Athletes

In a settlement with California, The Gatorade Co. has agreed to stop suggesting that drinking water harms athletes. California v. Gatorade Co., No…
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Shook Hardy & Bacon LLP | USA | 9 Oct 2017

OIG Report Suggests Improvements to FSMA Enforcement

A report from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services has concluded that the Food and Drug…
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Shook Hardy & Bacon LLP | USA | 9 Oct 2017

Putative Class Action Alleges “Ready-to-Eat” Cookie Dough Caused Illnesses

Cookie Do Inc., which sells raw cookie dough desserts, allegedly caused consumers to feel gastrointestinal pain after they ate the products, which are…
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Shook Hardy & Bacon LLP | USA | 9 Oct 2017

Federal Court Dismisses Energy Cookie Suit

An Illinois federal court has dismissed with prejudice a lawsuit alleging that Mondelez International falsely advertises Belvita breakfast biscuits…
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Shook Hardy & Bacon LLP | USA | 9 Oct 2017

Margaritaville Challenges “It’s 1700 Hours Somewhere" Trademark Application

Jimmy Buffett's Margaritaville Enterprises, which owns trademarks on the phrase "It's Five O'Clock Somewhere" and several variations, has challenged…
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