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U.S. Food and Beverage Law: Trends and Takeaways from 2023

In the Loeb & Loeb article below, Brian Heidelberger, chair of the firm’s Advertising, Marketing & Promotions department, Regulatory partner Kristen Klesh, and Advanced Media & Technology senior counsel John Monterubio provide a summary of issues that impacted the U.S. food and beverage industry in 2023 to highlight lessons learned and upcoming trends in food and beverage law in 2024 and beyond. The key food and beverage law issues identified in this summary include the following:

  • PFAS: State Regulation and Class Action Litigation
  • Scrutiny of Heavy Metals in Foods
  • Class Action Food and Beverage Litigation Trends
  • Express and Implied “Healthy”, “Real”, and “Naturally Flavored” Claims Remain but Courts Grow Increasingly Skeptical
  • Throwing Out Cases Based on a More “Reasonable Consumer Standard”
  • FTC Health Claims Guide
  • FDA: Food Division Reorganization