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FTC publishes final rule banning fake consumer reviews and testimonials

On August 22, 2024, the U.S. Federal Trade Commission (FTC or the “Commission”) finalized its Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (“Final Rule”). The Final Rule prohibits the sale and...more

FDA Announces Significant Changes for Pre-Market Animal Feed Ingredient Reviews

In an August 8 press release, the US Food and Drug Administration (FDA) Center for Veterinary Medicine (CVM) announced that it does not intend to renew its longstanding memorandum of understanding (MOU) with the Association...more

USDA issues updated proposed Salmonella framework for raw poultry products, would declare Salmonella an adulterant

On August 7, 2024, the United States Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) published its updated “Salmonella Framework for Raw Poultry Products” consisting of a proposed rule and...more

USDA announces fair and competitive livestock and poultry markets proposed rule

On June 28, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published a proposed rule “Fair and Competitive Livestock and Poultry Markets,” which would define the types of conduct and...more

USDA releases proposed rule on poultry grower payment systems and capital improvement systems

On June 10, 2024, the U.S. Department of Agriculture (USDA) published its proposed rule “Poultry Grower Payment Systems and Capital Improvement Systems,” which USDA says will expand protections for broiler growers under the...more

USDA publishes final determination to declare Salmonella an adulterant in raw breaded and stuffed chicken products

On April 26, 2024, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced its final determination to declare Salmonella an adulterant in not-ready-to-eat (NRTE) but appears ready-to-eat...more

USDA announces final rule on voluntary “Product of USA” label claim

On March 11, 2024, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced in prepublication form a final rule establishing the requirements for voluntary United States-origin label...more

USDA releases final rule on inclusive competition and market integrity under the Packers and Stockyards Act

On March 6, 2024, the U.S. Department of Agriculture (USDA) finalized its Inclusive Competition rule expanding protections for livestock and poultry farmers under the Packers and Stockyards Act (PSA). The final rule carries...more

2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our...more

USDA Publishes Final Rule Amending National Organic Program Livestock and Poultry Production Standards

On November 2, 2023, the U.S. Department of Agriculture (USDA) published a final rule amending the National Organic Program (NOP) Organic Livestock and Poultry Standards (OLPS Rule). The OLPS Rule adds specific requirements...more

USDA Releases Final Rule on Transparency in Broiler Contracting

On November 28, 2023, the United States Department of Agriculture’s (USDA’s) Agriculture Marketing Service (AMS) published a final rule entitled, Transparency in Poultry Grower Contracting and Tournaments (the Transparency...more

USDA finalizes updates to List of Bioengineered Foods

The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has issued a final rule updating the List of Bioengineered Foods (the List) under the National Bioengineered Food Disclosure Standard (the...more

FTC warns trade associations and influencers on compliance with Endorsement Guides

The U.S. Federal Trade Commission (FTC) sent warning letters to two trade associations and a dozen social media influencers on November 13, 2023, advising them that their disclosures of material connections in social media...more

FDA Releases New Draft Guidance Chapter on Acidified Foods

In September 2023, FDA released two new chapters to its Hazard Analysis and Risk-Based Preventive Controls for Human Food (PCHF) Draft Guidance (Draft Guidance). New draft Chapter 11 is focused on food allergen programs, and...more

California’s Attorney General Issues Enforcement Advisory Letter Regarding PFAS in Food Packaging

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

FTC publishes updated Endorsement Guides and proposed rule banning fake reviews

The U.S. Federal Trade Commission (FTC or the “Commission”) recently announced two actions aimed at strengthening regulation of online advertising. On June 29, 2023, the Commission released its updated Endorsement Guides (the...more

California Proposition 12 stay extended to allow sell-through of certain pork products

A state court has issued an order staying enforcement of California’s Proposition 12 for noncompliant pork in the supply chain as of July 1, 2023, permitting it to be sold through in California until December 31, 2023....more

FDA continues work on consumer research on front-of-pack nutrition labeling

The U.S. Food and Drug Administration (FDA) published a second procedural notice regarding its plans to conduct consumer research on a front-of-pack (FOP) nutrition labeling scheme....more

U.S. Supreme Court upholds California’s Proposition 12 law regarding animal welfare

The Supreme Court issued a decision on May 11, 2023, upholding California’s Proposition 12 against a challenge under the U.S. Constitution’s Dormant Commerce Clause. Proposition 12 is a ballot initiative passed by the state’s...more

USDA Releases Proposal to Declare Salmonella an Adulterant in Raw Breaded and Stuffed Chicken Products

On April 25, 2023, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced its proposed determination to declare Salmonella an adulterant in not-ready-to-eat (NRTE) but appears...more

FSIS Proposes Changes to “Product of the USA” Claims for Meat and Poultry Products

The U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced a proposed rule that would change the criteria for making voluntary “Product of USA” or “Made in USA” claims for meat, poultry, and...more

FTC seeks public comment on possible updates to Green Guides

The Federal Trade Commission (FTC or the “Commission”) recently announced it will accept public comment on proposed updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides”). In particular, the FTC...more

Maine DEP reverses course and clarifies food packaging containing PFAS need not be reported

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

Maine revises draft regulations for PFAS reporting law; triggers reporting for food packaging

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

USDA releases proposed regulatory framework to reduce Salmonella in poultry

On Friday, October 14, 2022, the US Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) released a proposed regulatory framework for controlling Salmonella contamination in poultry products. The...more

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