Food Product Packaging and Labeling Issues — What a Tangled Web!
How do you effectively market and promote a food product without either running afoul of the federal regulations or risking exposure to a cause of action from a competitor? Regulatory agencies such as the FDA, FTC, and USDA have promulgated numerous rules that they are enforcing more aggressively. In addition, competitors are using the federal Trademark Statute to challenge claims that could be overreaching or misleading. Even the innocuous packaging language that identifies the existence of a patent is now giving rise to liability for the manufacturer.
In this latest NewsFeed program, Foley helped untangle this Web of food labeling, packaging, and promotional statements from several different perspectives. Intellectual Property Partner Richard J. McKenna, Government & Public Policy Senior Counsel Sarah A. Sunday, and Intellectual Property Associate Sheena Conners discussed:
- Food claims, substantiation, and enforcement under FDA, FTC, and USDA oversight
- Competitor challenges to claims and substantiation as false or misleading advertising under the Trademark Statute
- The challenges of providing legally sufficient, but practical and effective, patent marking on food-product packages