In 2021, a group of NGOs challenged critical provisions of U.S. Department of Agriculture (USDA) regulations governing the path to market for new genetically engineered plants (GE plants), including plants developed using...more
The U.S. Food and Drug Administration (FDA) recently released an update of its multi-chapter draft guidance, “Hazard Analysis and Risk-Based Preventive Controls for Human Food: Draft Guidance for Industry” (PCHF Draft...more
2024 is poised to be a big year for food regulation, particularly as federal agencies work to implement their regulatory agendas in preparation for a possible change in administration after the 2024 election. Here are the key...more
On October 17, California Attorney General (AG) Rob Bonta released an enforcement advisory letter, reportedly sent to 140 food packaging manufacturers, reminding manufacturers, distributors, and sellers of food packaging of...more
On April 14, 2023, the U.S. Food and Drug Administration filed a petition submitted by the Environmental Defense Fund (EDF) and several other NGOs requesting that the agency repeal its regulation authorizing the use of...more
Welcome to A Seat at the Table, Hogan Lovells Monthly Food Digest, where we share our thoughts and insights about some of the past month’s more notable developments when it comes to food regulation....more
On January 31, 2023, Commissioner Califf announced a new vision for the U.S. Food and Drug Administration (FDA)’s Human Foods Program. The Proposal calls for unifying the work currently done by the Center for Food Safety and...more
We’re a few weeks into 2023, and while some new year’s resolutions may have already fallen to the wayside, there are plenty of food law issues that will take us through 2023 and beyond. Here are key issues the Hogan Lovells...more
The Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65 (Prop 65), recently finalized a regulation that addresses when acrylamide in cooked or heat processed...more
The Maine Department of Environmental Protection (DEP) made important updates to its website last week, stating that product packaging, including food packaging, that contains intentionally added per- and poly-fluoroalkyl...more
Last week, the U.S. Food and Drug Administration (FDA) released a systematic review of the scientific literature on food safety culture. The review was conducted as part of FDA’s New Era of Smarter Food Safety blueprint,...more
On December 6, 2022, the Reagan-Udall Foundation for the FDA (“RUF”) issued a highly anticipated report on FDA’s Human Foods Program (the Program) capturing the findings and recommendations of a months-long independent review...more
On November 16, 2022, the United States Food and Drug Administration (FDA) issued Warning Letters to five companies that market food and beverage products containing cannabidiol (CBD). FDA takes the position that the...more
On November 1, 2022, the Office of Environmental Health Hazard Assessment (OEHHA) announced that the California Office of Administrative Law (OAL) had approved its proposal to add an alternative, non-mandatory safe harbor...more
The Maine Department of Environmental Protection (DEP) recently revised its proposed regulations to implement An Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution (the Act) (38 Maine Revised Statutes (MRS) §...more
On October 6, 2022, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65 (Prop 65), provided notice of new changes to the proposed regulation. If adopted,...more