Bottled water, in the United States, is considered by the FDA to have an indefinite shelf-life. In other words, it doesn’t actually expire or go bad. The taste will change over time and a ten-year-old bottle of water probably will not taste very good, but it is not considered unsafe to drink. Yet, many bottles […]
Food Law
Do Dietary Supplements Require FDA Approval Before Being Sold?
It is a common assumption that ‘they wouldn’t sell it if it weren’t safe.’ Is this a safe assumption? Do dietary supplements have to be approved by the FDA before they are sold? Do they need to have clinical trials to prove they work and are safe? Dietary supplements are not the core subject area […]
Was Ketchup Banned In French Schools?
In 2011, media outfits from the LA Times to Gawker began reporting the curious case of the French war on ketchup. In fact, Gawker chose this as the headline, “France Wages War on Ketchup.” According to these stories, France, in an effort to protect the integrity of its traditional cuisine and to combat the influence […]
Do Restaurants and Bars Have the Right to Refuse Service?
How many times have you went into a bar or restaurant and saw a sign that reads, “We reserve the right to refuse service to anyone”? I’ve seen these signs many times. They don’t seem like a very friendly greeting and, today, most restaurant or bar patrons tend to emphasize their right to service. Do restaurant and […]
Haw Flakes Candy Banned from U.S.?
Haw flakes are a traditional Chinese candy (sahn sah ban, shānzhābǐng} made from the mashed fruit of the Chinese Hawthorn, called “haws.” Haws are a red fruit with a tangy sweet taste which are not often used in the U.S. but have been used in Britain to make jellies and homemade wine. In China, the […]
What Happens When Trademarked Food Names Become Generic?
Trademarks serve as identifiers for brands. They may be a word, a phrase, or a symbol. Sometimes, even packaging can be trademarked, as for instance the shape of the old-style Coca-Cola glass bottle. Trademarks are covered under the Lanham Act, which replaced earlier laws that were in effect since the 1800s. Before this, trademarks were […]