May 2023

Dear Christina,

Welcome to May's Label Alert! In this month's headlines, FTC warns marketing companies of fines for making product claims they can't back up, FDA issues a request for information on food labeling provided by online grocery shopping platforms, some companies are adding sesame to their products to comply with a new sesame allergy law, and more ...

And this month we're offering hefty savings on the food industry event of the year, PLC's 35th annual Food Label Conference. There's not much time left to register, so sign up soon for $400 off all 4 days, or $100 off any Add-On Training!

Now, get caught up on the latest industry news from Label Alert.

FTC Warns Almost 700 Marketing Companies That They Could Face Civil Penalties if They Can’t Back Up Their Product Claims

The Federal Trade Commission is putting hundreds of advertisers on notice that they should avoid deceiving consumers with advertisements that make product claims that cannot be backed up or substantiated. In notices sent to the companies, the FTC warned that it will not hesitate to use its authority to target violators with large civil penalties.  

Read on...

FDA Issues Request for Information on Food Labeling in Online Grocery Shopping

FDA has become increasingly concerned about the food label information that is available to consumers through online grocery shopping platforms, including grocery retailer (e.g., supermarket) websites, manufacturer’s websites, and third-party online grocery providers. On April 21, 2023, it published a Request For Information (RFI) about the content, format, and accuracy of food labeling information provided through online grocery shopping platforms.

Read on ...

FDA Request for Information

To Comply with a New Sesame Allergy Law, Some Businesses Add — Sesame

On Jan. 1, a law intended to safeguard the more than 1.5 million Americans with a sesame allergy ... took effect. The law mandates, among other things, careful cleaning to prevent cross-contact between food products with and without sesame. In a twist, however, many food companies have chosen to add small amounts of sesame flour to products that were previously sesame-free, instead of conducting the careful cleaning required for foods without sesame.

Read on ...

US Senators Urge USDA to Address Misleading Food Label Claims

US Sens. Richard Blumenthal (D-CT), Cory Booker (D-NJ), Elizabeth Warren (D-MA), and Sheldon Whitehouse (D-RI) are urging the US Department of Agriculture to fulfill its obligation to protect the public from misleading food labels, citing a recent Animal Welfare Institute (AWI) report indicating that 85% of analyzed animal welfare claims on meat and poultry products lacked adequate substantiation.

Read on...

The Tofurky Brand and Louisiana Are Both Winners in the Labeling Law Challenge

Louisana’s “Truth in Labeling of Food Products Act” adopted in 2019 does not violate any constitutional guarantees. It is also no threat to the business practice of the Hood River, OR-based Turtle Island Foods or its Tofurky brands.A ruling by the U.S. Court of Appeals for the 5th Circuit has reversed a lower court ruling that found the labeling law violated commercial speech rights of producers like Turtle Island Foods that produce and package plant-based meat substitutes.

Read on....

USDA Mulling Changes Intended to Reduce Salmonella Infections from Chicken

The U.S. Department of Agriculture (USDA) is considering declaring salmonella an adulterant in breaded and stuffed raw chicken products as part of a larger effort to reduce salmonella infections from poultry.

Read On...