Whenever in the judgment of the Secretary such action will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations fixing and establishing for any food, under its common or usual name so far as practicable, a reasonable definition and standard of identity, a reasonable standard of quality, or reasonable standards of fill of container. No definition and standard of identity and no standard of quality shall be established for fresh or dried fruits, fresh or dried vegetables, or butter, except that definitions and standards of identity may be established for avocadoes, cantaloupes, citrus fruits, and melons. In prescribing any standard of fill of container, the Secretary shall give due consideration to the natural shrinkage in storage and in transit of fresh natural food and to need for the necessary packing and protective material. In the prescribing of any standard of quality for any canned fruit or canned vegetable, consideration shall be given and due allowance made for the differing characteristics of the several varieties of such fruit or vegetable. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the Secretary shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. Any definition and standard of identity prescribed by the Secretary for avocadoes, cantaloupes, citrus fruits, or melons shall relate only to maturity and to the effects of freezing.
Notes of Decisions
Nemphos Ex Rel. C.G.N. v. Nestle Waters North Am., Inc., 775 F.3d 616 (4th Cir. 2015).
· cites it 4× “The NLEA *620 builds on the FDCA to develop a nationwide system of uniform nutrition labeling for covered foods, in part by requiring meaningful disclosures about certain nutrients contained in those foods.”
Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132 (1963).
· cites it 2× “[19] The District Court assumed that in 1925 California growers faced no meaningful competition from Florida growers. It appears, however, that the Florida industry was well developed when the California industry was in its infancy, see Collins, The Avocado, A Salad Fruit From…”
Willapoint Oysters, Inc. v. Ewing, 174 F.2d 676 (9th Cir. 1949).
· cites it 4× “Both Final Orders were promulgated under the provisions of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 341 , and they establish and promulgate new “definitions and standards of identity,” and new “standards of fill,” for canned oysters.”
Guerrero v. Target Corp., 889 F. Supp. 2d 1348 (S.D. Fla. 2012).
· cites it 3× “§§ 301 -399d, as modified by the Nutrition Labeling and Education Act, 21 U.S.C. § 341 (“NLEA”), expressly preempts the Florida Honey Standard.”
In Re PepsiCo, Inc., Bottled Water Mktg. & Sales Practices Litig., 588 F. Supp. 2d 527 (S.D.N.Y. 2008).
· cites it 2× “” 21 U.S.C. § 341 . Here, Defendants’ Motion to Dismiss hinges on the “standard of identity” for “purified drinking water” and the express preemption provision of Section 403A of the FDCA, passed as part of the Nutrition Labeling and Education Act of 1990 (“NLEA”), Pub.”
Fellner v. Tri-Union Seafoods, L.L.C., 539 F.3d 237 (3rd Cir. 2008).
“Although the FDA has authority to promulgate standards for food quality and tolerance levels for poisonous foods, 21 U.S.C. §§ 341 , 346, it has not done so.”
62 Cases of Jam v. United States, 340 U.S. 593 (1951).
· cites it 2× “1046 , 21 U. S. C. § 341 . The proceeding before us was commenced in 1949 in the District Court for the District of New Mexico.”
Caribbean Produce Exch., Inc. v. Sec'y of Health & Human Servs., 893 F.2d 3 (1st Cir. 1989).
· cites it 3× “*5 On September 1, Caribbean brought suit for injunctive relief alleging three causes of action: (1) that the FDA lacked jurisdiction over fresh vegetables under 21 U.S.C. § 341 , which provides that “no definition and standard of identity and no standard of quality shall be…”
Augustine v. Talking Rain Beverage Co., 386 F. Supp. 3d 1317 (S.D. Cal. 2019).
“§ 393 (b)(2)(A), and to generate definitions and standards for foods, 21 U.S.C. § 341 . *1325 In 1990, Congress amended the FDCA by enacting the Nutrition Labeling and Education Act ("NLEA") which aimed to strengthen the FDA's ability to mandate what nutritional information was…”
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