CENTER FOR FOOD SAFETY v. U.S. FOOD & DRUG ADMINISTRATION; JANET WOODCOCK, in her official capacity as Acting Commissioner, and IMPOSSIBLE FOODS INC.

The Ninth Circuit has affirmed the Food and Drug Administration’s approval of Impossible Food’s soy leghemoglobin as a color additive. Judge Diarmuid O'Scannlain dissented from the majority opinion, stating he “would dismiss the petition for review on the basis that the Center for Food Safety (“CFS”) lacks constitutional standing.” Judge O'Scannlain’s dissenting opinion outlines his reasoning that CFS “failed to demonstrate an injury in fact sufficient to establish Article III standing.”

[To accompany Federal Case Law Update "Ninth Circuit Affirms FDA’s Approval of Impossible Food’s Plant Heme" from Brooks Animal Law Digest Issue No. 85.]