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Advertising Law Updates

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California Standardizes "Use By" Labeling

On July 1st, a new law went into effect in California that standardizes the terminology that food manufacturers, processors, and retailers may use to communicate when food is safe for human consumption.  Most significantly, the law prohibits the use of consumer-facing “sell by” dates on packaging.  

Under the new law, packaging that includes a date label that communicates a quality or safety date on a food item must use one of the following terms:

  • “BEST if Used by” or “BEST if Used or Frozen by” to indicate the quality date of the food item;
  • “USE by” or USE by or Freeze by" to indicate the safety date of the food item;
  • “BB" to indicate the quality date of the food item if the food item is too small to include the terminology above or if the food item is a qualifying beverage; or
  • “UB” to indicate the safety date of the food item if the food item is too small to include the terminology above. 

The law does not apply to infant formula, eggs, and beer and other malt beverages. 

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california, labeling, food, advertising law updates