Regenerative agriculture certifications and label claims are on the rise. While USDA "organic" certifications may be familiar to industry and consumers, these newer, private certifications may have less recognition. This post...more
When we talk about advertising claims (e.g., on product labels, websites, social, etc.), we stress that "claims must be truthful, not misleading, and substantiated." The requirements to be "truthful and not misleading" seem...more
In November 2022, the U.S. Food and Drug Administration ("FDA") finalized a rule imposing additional recordkeeping requirements for certain foods to "help the Agency rapidly and effectively identify recipients of foods to...more
On December 13, 2023, a three-judge panel of the Ninth Circuit overturned the District Court's dismissal of Nestle Healthcare Nutrition Inc.'s consumer false advertising claims and remanded the case to the District Court for...more
The end of a year and the beginning of a new one can be a time of reflection and a time for thinking about the future and what it may hold. It is a time for making lists of resolutions, goals, and aspirations...more
Your company has an ESG (Environmental, Social, and Governance) mission. It could be as (seemingly) simple as using renewable energy in production, sourcing eco-friendly materials or, more broadly, coming up with a "more...more
12/18/2023
/ Advertising ,
Carbon Emissions ,
CFTC ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Greenwashing ,
NAD ,
Net Zero ,
Proposed Legislation ,
Securities and Exchange Commission (SEC) ,
Sustainability
SOI sets new requirements for labels and ingredients, including for minimum dairy amount and bacterial cultures; compliance deadline is January 1, 2024
The U.S. Food and Drug Administration (FDA) announced the availability...more
Sen. Deb Fischer (R-Neb.), a cattle rancher and member of the Senate Agriculture Committee, thinks alternative protein products deceive Americans by imitating real meat. To address this issue, she has reintroduced the Real...more
Over half a year after Congress passed a law modernizing the regulation of cosmetics in the U.S. (the Modernization of Cosmetics Regulation Act or "MoCRA"), the U.S. Food and Drug Administration ("FDA") has released draft...more
The USDA Food Safety and Inspection Service (FSIS) recently announced a multi-step effort to strengthen oversight of animal-raising claims.
Animal-raising claims are voluntary marketing claims about meat and poultry...more
The lead-up to the July Fourth holiday was a busy time for endorsement and testimonial watchers—the FTC issued (i) its final, updated Guides to the Use of Endorsements and Testimonials in Advertising, (ii) an updated version...more
7/10/2023
/ Advertising ,
Compliance ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Guidance Update ,
Marketing ,
Misleading Statements ,
Notice of Proposed Rulemaking (NOPR) ,
Online Reviews ,
Promotional Items ,
Proposed Rules ,
Testimonial Statements
The U.S. Food and Drug Administration (FDA) says Americans consume too much sodium from processed foods. The FDA has issued a proposed rule to amend certain of its standards of identity (SOIs) to allow the use of salt...more
On April 13, 2023, the Federal Trade Commission ("FTC") announced the issuance of what is now the fourth round of Notice of Penalty Offense Letters, this time to approximately 670 companies involved in the marketing of drugs,...more
In February, the U.S. Food and Drug Administration (FDA) issued draft guidance describing its "current view" of how companies should name plant-based foods marketed and sold as alternatives to milk. In this hotly contested...more
On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023 (H.R. 2617), which by its name does not appear to have anything to do with cosmetics. However, buried in the approximately 1,650...more
4/11/2023
/ Consolidated Appropriations Act (CAA) ,
Cosmetics ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Personal Care Products ,
PFAS ,
Public Health ,
Regulatory Reform ,
Regulatory Standards ,
Retail Market
Update April 13: This blog has been updated to reflect additional L.A. county guidance for retail food facilities. On April 9, 2020, the Los Angeles County Department of Public Health issued guidance to assist retail food...more
On March 23, 2020, the Food and Drug Administration (FDA) released new guidance for the food and beverage industry in light of COVID-19. ...more
On March 17, 2020, in light of the ongoing global public health emergency and associated travel restrictions, the FDA announced a temporary policy adjustment for food facilities with certain supplier verification obligations...more
Rejecting a standard that had governed lower courts for 45 years, the U.S. Supreme Court has made it easier for federal agencies to protect companies’ commercial information from public disclosure under the Freedom of...more
Rejecting a standard that had governed lower courts for 45 years, the U.S. Supreme Court has made it easier for federal agencies to protect companies’ commercial information from public disclosure under the Freedom of...more
6/27/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA
The U.S. Food and Drug Administration’s (“FDA”) May 31 public hearing on cannabis and cannabis-derived compounds (including hemp-derived CBD) reflected and confirmed the confusion many in the space have been experiencing and...more
The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) recently issued updated guidance on the addition of hemp-derived CBD to alcohol beverages. ...more
The FDA announced it will host its first public hearing on cannabis and cannabis-derived compounds (including hemp-derived CBD) on May 31, 2019 in Silver Spring, Maryland....more
On March 13, the United States Department of Agriculture (“USDA”) will host a webinar listening session to solicit initial input about the development of regulations regarding the production of hemp. ...more
On December 20, 2018, President Trump signed H.R. 2, the Agriculture Improvement Act of 2018 (“2018 Farm Bill”). Among other things, the 2018 Farm Bill legalized the commercial cultivation of hemp and the production of hemp...more