- 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industry awaits the FDA's follow-up to draft guidance issued in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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
