Area of focus

Food Advertising and Regulation

Scrutiny of your promotion efforts continues to increase, and it can be difficult to stay on top of compliance.

Keeping your finger on the pulse of regulatory changes to promotion of your food or beverage product can often be tricky. Having a solid strategy is essential in order to avoid a Warning Letter or other...

Representative experience

Reviewing and summarizing for our clients the regulations that will govern the new nutrition labeling requirements on food products.

Keeping clients abreast of the latest guidance documents on the changes to the nutrition facts panels.

Monitoring and keeping clients apprised of the USDA efforts to issue regulations on bioengineered foods and assisting clients in submitting comments on questions raised by USDA.

Advising national food advertising campaigns for major restaurant chains on a range of issues, including comparative claims, product quality claims, and necessary substantiation.

Advising multiple clients on label and advertising claims for their products and ways to mitigate risks with claims such as “natural,"

Keeping clients apprised of new developments in class action lawsuits against the food industry and helping them develop claims to mitigate class action risk.

Advising clients on impact of Proposition 65 listing of furfuryl alcohol, BPA, acrylamide, and other listed substances on compliance with warning requirements.

Assist clients in developing data supporting a decision that their food products do not expose California residents to a listed substance at a level that triggers a warning.

Hogan Lovells Publications

National Advertising Division issues decision on "0 g added sugars" claim for oatmilk

Oatly, Inc. has chosen to discontinue its “no added sugars” advertising claims after the Campbell Soup Company brought a challenge before the National Advertising Division...

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Hogan Lovells Publications

FDA Issues Final Guidance on Added Sugars Labeling for Honey, Maple Syrup, Other Single-Ingredient Sugars and Syrups, and Certain Cranberry Products

On June 18, the Food and Drug Administration (FDA) issued its final guidance document on added sugars labeling for (1) honey, maple syrup, and other single-ingredient sugars and...

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Hogan Lovells Publications

The A-CBDs of registering hemp-related trademarks: New guidance from the USPTO LimeGreen IP News

Brand owners seeking to register cannabis-related trademarks take note: the U.S. Patent and Trademark Office (USPTO) recently issued guidance regarding the effects of the 2018 Farm Bill on...

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Hogan Lovells Publications

FDA Encourages “Best If Used By” Labeling to Describe Quality Dates

On May 23, the Food and Drug Administration (FDA) issued a letter to the food industry “strongly support[ing]” the use of “Best If Used By” labeling to describe the...

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Hogan Lovells Publications

FDA Issues Draft Guidance Allowing the Use of “Potassium Chloride Salt” as a Common or Usual Name

Today the Food and Drug Administration (FDA) issued draft guidance announcing that the agency intends to exercise enforcement discretion to allow the use of “potassium...

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Hogan Lovells Publications

FDA Releases Draft Guidance regarding the Low Calorie Sweetener – Allulose

Last week, the FDA released a draft guidance regarding the low calorie sweetener, allulose, and stated the agency will not treat this ingredient as contributing to total or added sugars...

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