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Federal Food

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Nacarino v. Kashi Co. (9th Cir. 2023) 77 F.4th 1201

The FDA requires protein quantity, calculated in an FDA approved method, to be shown on the Nutritional Facts Panel of food items.  And the label must also indicate if the protein is of lower quality or adjust the displayed protein content to adjust for the lower quality.  Here, defendant's products displayed the correct protein content as shown by an FDA-approved… Read More

Hollins v. Walmart Inc., No. 21-56031, 2023 U.S. App. LEXIS 11577 (9th Cir. May 11, 2023)

The Federal Food, Drug, and Cosmetic Act preempted plaintiff's claim that defendant's label on a dietary supplement was misleading in naming the supplement "Glucosamine Sulfate" when its active ingredient was glucosamine hydrochloride.  The majority held that the FDA's labeling regulations governed the product name as well as the information in the nutrition facts panel and that following those regulations, the… Read More