- PFAS – Per- and polyfluoroalkyl substances (PFAS) have been the subject of numerous state laws and regulations prohibiting the use of intentionally added PFAS in food packaging. More recently, class action complaints have started surfacing, alleging trace amounts of PFAS in the food products themselves. Despite no law or regulation on which to base their claims, plaintiff lawyers are now taking the position that even trace amounts threaten the safety of consumers.
- Trade Shows v. Digital Marketing – COVID-19 shut down the in-person trade show business for the better part of two years. An important marketing tool for food, beverage, and supplement businesses, trade shows continue to ramp back up to pre-pandemic levels, but many companies have a tough decision as to whether they will fully return to the trade show booth or spend that money instead on more digital marketing.
- “Healthy” claims – While industry awaits the FDA’s follow-up to draft guidance issued in September 2022 regarding a revised definition of “healthy,” plaintiff lawyers have seized on their own definitions of “healthy,” taking aim at added sugars. Companies must carefully evaluate the value of such claims against the risk of action.
- “Sustainable” and other environmental claims – As “sustainability” and other environmental claims continue to trend upwards as far as attractive claims to consumers, the FTC is revisiting the “Green Guides,” the FTC’s guidance on environmental claims, with new revisions likely to come out in 2024.
- Plant-based Food – Plant-based food, which has been trending for several years, continues to trend upward. Whether it is dairy-free macaroni and cheese, almond- and oat-based dairy alternatives, or jack fruit “meat,” the appetite for plant-based food alternatives continues to exist. Now, advancements in scientific technology to create cell cultivated meat and fermented proteins provide new avenues for future sources of food.
About the Author:
Justin J. Prochnow assists companies with regulatory, business, and legal needs in the beverage, food, dietary supplement, cosmetic, medical device, and OTC industries. He works closely with companies to ensure regulatory compliance with statutes and regulations enforced by the Food and Drug Administration, the Federal Trade Commission and other regulatory agencies.