Labeling and advertising
KKB has expertise in all aspects of food labeling for both FDA and USDA-regulated products. We advise on the proper naming of foods and standards of identity, federal and state requirements for net quantity of contents, the Nutrition Facts panel, ingredients lists, identification of the manufacturer/distributor, and country of origin labeling. We also advise on structure-function claims, nutrient content claims and health claims. We have submitted petitions to FDA to seek approval for such claims.
KKB also has extensive advertising law experience relating to food claims. We regularly interpret federal and state advertising law - as well as the decisions of advertising self-regulatory bodies - in order to support clients' claims with appropriate wording and substantiation. We frequently defend such claims in cases before the FTC, state attorneys general, federal courts and self-regulatory bodies (such as the National Advertising Division and the Children's Food and Beverage Advertising Initiative of the Council of Better Business Bureaus). In particular, we are very familiar with recent litigation against food claims under state unfair trade practice laws and can assist clients in crafting claims to help reduce the risk of liability.