Using The FDA's Trans Fat Ruling In Food Class Actions

Law360, New York ( July 17, 2015, 11:25 AM EDT) -- On June 16, 2015, the U.S. Food and Drug Administration announced its final determination that there is no longer a consensus among qualified experts that partially hydrogenated oils (PHOs) are "generally recognized as safe" (GRAS) for use in human food.[1] This determination is noteworthy if only because PHOs are still commonly used by the food industry in processed foods as a low cost source of shelf stable, unsaturated fat. Not only are important regulatory issues regarding any future uses of PHOs implicated, but, as a recent case filing demonstrates, questions as to future litigation claims are involved as well....

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