On 14 April 2021, the U.S. Congress passed the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act of 2021 (S. 578), which now heads to the White House for signature. ...more
On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more
4/2/2021
/ Beverage Manufacturers ,
Chamber of Commerce ,
Commercial Speech ,
Constitutional Challenges ,
Consumer Product Companies ,
Corporate Counsel ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
OEHHA ,
Preliminary Injunctions ,
Proposition 65 ,
Retail Market ,
Toxic Chemicals ,
Warning Labels
On 10 November 2020, the U.S. Food and Drug Administration (FDA) announced the availability of a draft guidance recommending that companies voluntarily declare sesame in the ingredient list when it is used as a “flavor” or...more
11/12/2020
/ Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Public Health ,
Retail Market ,
Voluntary Disclosure
Historically, neither food companies nor the plaintiffs’ bar have lost sleep over “recyclable” or “recycled content” claims. Over the past year, however, there has been increasing attention to and scrutiny of recyclable...more
While the hemp industry eagerly awaits FDA’s Cannabidiol (CBD) Enforcement Policy draft guidance, both the United States Department of Agriculture (USDA) and Drug Enforcement Agency (DEA) have active comment periods ongoing...more
9/25/2020
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
DEA ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Farm Bill ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Interim Final Rules (IFR) ,
Medical Foods ,
Plant Based Products ,
Regulatory Agenda ,
Retail Market ,
Rulemaking Process ,
USDA
The United States Department of Agriculture (USDA) Agricultural Marketing Service’s (AMS) National Organic Program (NOP) issued a proposed rule in early August that would amend the organic regulations to strengthen oversight...more
9/18/2020
/ Agribusiness ,
Certification Requirements ,
Enforcement Guidance ,
Food Labeling ,
Food Supply ,
Manufacturers ,
Organic ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
Retail Market ,
USDA
Tell me if you’ve heard this one before – the regulatory issues surrounding CBD will be completely resolved after a certain “legislative fix” is passed. Remember all of the articles in December 2018 declaring CBD legal after...more
8/10/2020
/ Agribusiness ,
Alternative Medicine ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Marijuana ,
Medical Foods ,
Plant Based Products ,
Regulatory Oversight ,
Retail Market
In March, the Food and Drug Administration (FDA) issued guidance documents, first revised on March 27, temporarily relaxing certain regulatory requirements for the production of alcohol-based hand sanitizers, to respond to...more
As you likely know, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) are closely monitoring the spread of the novel coronavirus (COVID-19), a respiratory disease that has...more
3/4/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Retail Market ,
Risk Management ,
Supply Chain ,
Workplace Safety
A lawsuit filed yesterday by the California Chamber of Commerce challenges the legality of Proposition 65 warnings on foods that contain acrylamide. The Complaint, which named the Attorney General of the State of California...more
10/9/2019
/ Cancer ,
Chamber of Commerce ,
First Amendment ,
Food Labeling ,
Injunctive Relief ,
OEHHA ,
Proposition 65 ,
Public Health ,
Regulatory Requirements ,
Retail Market ,
State and Local Government ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
The U.S. Food and Drug Administration (FDA) recently issued two guidance documents – one final and one draft – related to the new nutrition labeling requirements. The final guidance is an update to the previous draft guidance...more
The U.S. Appeals Court for the 9th Circuit issued a favorable decision earlier this year interpreting the California “made in the USA” statute. In a March 2018 unpublished opinion, the court affirmed the dismissal of lawsuits...more