Regulatory

Stay informed on the latest beverage industry regulatory updates involving the Federal Trade Commission (FTC), Food and Drug Administration (FDA), or United States Department of Agriculture(USDA), as well as news regarding lawsuits, labeling and class-actions. Understand the evolving beverage regulatory and legal environment which can directly impact your product claims, intellectual property, packaging and ingredients.

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COP27: Climate Change Fight Turns Focus To Food

Transitioning to regenerative agriculture, utilizing upcycled food streams, adopting plant-based lifestyles and, of course, reducing carbon footprints, are set to play key roles in current global conversations around climate change.

Spirit Producers Advocate for Top Priorities at Capitol Hill

More than 200 distillers met virtually with lawmakers last week to address critical issues in the spirits industry, including asking legislators to ease direct-to-consumer shipping and the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) for regulatory efficiencies.

Dan Bilzerian’s Cannabis Company Under SEC Scrutiny

Cannabis and vape company Ignite International Brands is being investigated by the U.S. Securities and Exchange Commission for making false or misleading statements in reporting its 2020 financial results.

FDA Issues Misbranding Warning to H2 Beverages

In June, the Food and Drug Administration (FDA) sent a warning letter to H2 Beverages over misleading health claims and misbranded labels of the hydrogen-infused beverages.

FDA Releases Draft To Limit Lead In Popular Kids Juices

The U.S. Food & Drug Administration (FDA) has issued draft guidance to establish a new industry standard around safe levels of lead in juice products, as the agency aims to reduce children’s exposure to naturally-occurring toxic elements specifically found in ready-to-drink apple juice, among other juice and juice blends.

Legal Experts: Provi Suit Against Distributors ‘A Major Antitrust Case’

Last week, e-commerce beverage-alcohol platform Provi filed a complaint against Southern Glazer’s Wine and Spirits and Republic National Distributing Company (RNDC), alleging that the companies have unlawfully stifled the growth of its platform. The complaint filed March 29 in U.S. District Court for the Northern District of Illinois Eastern Division, alleges that the defendants have acted together and individually to “boycott, disparage and tortiously interfere with Provi’s business.”

How USDA’s Organic Fraud Rule Could Impact CPG Brands

A proposed rule by USDA, ‘Strengthening Organic Enforcement,’ aims to curb organic fraud via more oversight of the organic marketplace, including production, handling and sales. If implemented, it would be the largest update to organic oversight in 20 years.

Distributors Sue Fiji Over Contract Dispute

In a complaint filed in Superior Court of California, Los Angeles County on September 11, three distributors — North Carolina-based Carolina Beverage Corp. and Dixie Riverside and Alligator Beverage, both headquartered in Georgia — claim Fiji Water broke their respective contracts by forcing retailers in their sales territories to stop accepting product deliveries and making no attempt to negotiate terms to service those accounts

FDA Extends Nutrition Label Compliance Deadline to 2020

Under the Obama administration, brands had until July 26, 2018, to adjust all packaging. With the new extension, manufacturers with $10 million or more in annual food sales will now have until Jan. 1, 2020; manufacturers with less than $10 million in annual food sales have until Jan. 1, 2021.

WTRMLN WTR Targeted In Class Action Suit

In a complaint filed against parent company World Waters LLC and World Waters Holdings, LLC in U.S. District Court in the Eastern District of New York on July 8, attorneys for lead plaintiff Michael Pizzirusso argue that WTRMLN WTR’s product labels, in describing the liquid with the words “cold pressed juiced watermelon,” falsely represent that it consists of only watermelon juice.

Ex-Employees File Lawsuits Against Bai

Three former employees have sued the company and its recently departed founder and CEO, Ben Weiss, for allegedly cheating them out of the fair market value of their ownership stakes in the company ahead of its $1.7 billion sale to Dr Pepper Snapple (DPS) last November.