The White House Office of Management and Budget (OMB) recently released the Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions, which outlines the rulemaking actions currently under development by each federal...more
The U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service (FNS) recently issued a final rule to update its school nutrition standards, requiring changes to school meal programs starting in the 2025-2026 school...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The U.S. Food and Drug Administration (FDA) recently released an update of its multi-chapter draft guidance, “Hazard Analysis and Risk-Based Preventive Controls for Human Food: Draft Guidance for Industry” (PCHF Draft...more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
The White House Office of Management and Budget (OMB) recently released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions, which outlines the rulemaking actions currently under development by each federal...more
The U.S. Food and Drug Administration (FDA) recently issued a new food allergen-focused chapter of its Hazard Analysis and Risk-Based Preventive Controls for Human Food draft guidance. The new chapter addresses allergen...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 May 16, 2023, the U.S. Food and Drug Administration (FDA) released a draft Compliance Policy Guide (CPG) for FDA staff regarding major food allergen labeling and cross-contact. The draft CPG would replace the existing...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On February 22, 2023, the U.S. Food and Drug Administration (FDA) issued a draft guidance document recommending that plant-based alternative milks that use “milk” in the name (e.g., “soy milk”, “almond milk,” “oat milk”), and...more
The U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service (FNS) recently issued a proposed rule to update its school nutrition standards. The rule proposes long-term standards, starting in the 2024-2025 school...more
The U.S. Food and Drug Administration (FDA) continues to explore the development of a standardized front of package (FOP) nutrition labeling scheme by conducting consumer research....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 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
On November 29, the U.S. Food and Drug Administration (FDA) issued two guidance documents about food allergen labeling requirements. First, FDA issued a draft guidance titled Questions and Answers Regarding Food Allergens,...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
FDA published a final rule “Requirements for Additional Traceability Records for Certain Foods” designed to improve the agency's ability to rapidly track and trace food through the supply chain. The final rule maintains the...more
The United States Food and Drug Administration (FDA) recently announced two developments on inspection-related activities providing insight into FDA’s perspective on the legal obligations that apply to food facilities, and...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
DA recently released Draft Guidance on the Agency’s expanded use of remote regulatory assessments (RRAs) to review regulated establishments and / or their records. FDA outlines how it intends this tool to be incorporated...more
The U.S. Department of Agriculture (USDA’s) Agricultural Marketing Service (AMS) has issued a proposed rule to update the List of Bioengineered Foods (List) under the National Bioengineered Food Disclosure Standard (the...more
The last few weeks have seen renewed interest in the organizational structure of FDA’s Foods Programs. Two recent actions are particularly notable. First, the Food Safety Administration Act is bicameral legislation introduced...more
The US Food and Drug Administration (FDA) has changed its policy of allowing import entries to declare the identity of the Foreign Supplier Verification Program (FSVP) importer as “unknown.” Effective July 24, 2022, food...more
The Secretary of Health and Human Services (HHS) has renewed its determination that a public health emergency exists in light of the continued consequences of the COVID-19 pandemic. The determination has been in place since...more
The U.S. Food and Drug Administration (FDA) recently released its Congressional Justification for the fiscal year (FY) 2023 budget. The agency is requesting $1.2 billion for its Foods Program to be allocated to initiatives...more