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PFAS In Food Packaging: State-by-state Regulations - Updated November 2024

In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging...more

PFAS in Food Packaging: State-by-state Regulations - Updated March 2024

In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging...more

Part 3 in MoCRA Series: FDA Guidance on Cosmetic Product Listings

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is is the most significant expansion of FDA’s authority to regulate cosmetics since the Federal Food, Drug, and Cosmetic (FD&C) Act was passed in 1938. As we...more

Part 2 in MoCRA series: FDA guidance on facility registrations

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is significantly changing regulation of the cosmetics industry in the U.S. For the first time, cosmetics manufacturers and brand owners will need to register...more

FDA Issues Draft Guidance on Complying With MoCRA

The U.S. Food and Drug Administration has issued a draft guidance to assist companies submitting cosmetic product facility registrations and cosmetic product listings to the FDA in compliance with the Modernization of...more

It’s Getting Hot in Here: FDA Clears Food Products from Gene-Edited Heat Tolerant Beef Cattle

On March 7, 2022, the U.S. Food and Drug Administration (“FDA”) announced its “low-risk determination” to clear the marketing of food products derived from beef cattle that have been genetically altered to be more tolerant of...more

Year In Review: 2020 Food, Beverage & Supplement Litigation Round-Up

FDA Issues Finalized Rule on How Gluten-Free Fermented and Hydrolyzed Foods are Labeled - On August 12, 2020, the FDA issued a final rule, known as “Gluten-Free Labeling of Fermented or Hydrolyzed Foods,” which...more

U.S. FDA Relaxes Menu and Nutrition Facts Labeling Requirements in Response to Pandemic

In response to the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) has temporarily relaxed some of its requirements concerning menu and nutrition labeling, and extended certain enforcement deadlines. Menu...more

Year in Review: 2019 Food, Beverage and Supplement Litigation Roundup

FDA Issues New Rule Regarding Calorie Type Size Requirement on Vending Machine Products - On October 25, 2019, the FDA issued a final rule revising the type size requirements for calorie labeling on foods sold in vending...more

FDA Extends Enforcement of New Nutrition Facts Label Another 6 Months

Although January 1, 2020 was the deadline for many companies to implement the new Nutrition Facts label, the FDA states on its Industry Resources on the Changes to the Nutrition Facts Label web page that it will not take any...more

Congress Presses FDA to Act on CBD Regulations

Following statements by the U.S. Food and Drug Administration that cannabidoil (CBD) in food and beverage products remains illegal, and amid the patchwork of state laws and enforcement actions, a group of U.S. lawmakers, led...more

FDA Provides Guidance for New Nutrition and Supplement Facts Labels

On November 5, the FDA released non-binding guidance intended to answer questions related to Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May...more

FDA Extends Date for Compliance with New Nutrition Facts Label; Menu Labeling Rules Take Effect

The FDA has extended the date for compliance with the Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May 2016 and initially set a general...more

Ninth Circuit Strikes Down Parts of Idaho’s Ag-Gag Law; Other Laws Face Legal Challenges

The Ninth Circuit’s recent decision striking down parts of Idaho’s ag-gag law, which aims to deter undercover investigation by making it a crime to lie to gain entry into animal facilities, is the latest court decision to...more

FDA Delays Implementing Nutrition and Supplement Facts Label Rules

The FDA has announced that it is delaying implementation of the Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May 2016 and initially set a...more

Retailers and Other Food Importers Must Ensure Food They Import Meets U.S. Safety Standards

Requirements take effect today under the FDA’s new Food Safety Verification Program (FSVP), which makes retailers and other businesses that import food into the United States responsible for verifying that the food has been...more

FDA’s Delay in Implementing Calorie Labeling Law Leaves Fate Uncertain

The latest delay by the Food and Drug Administration (FDA) in implementing new calorie labeling rules gives restaurants and food retailers a little breathing room. Originally set for May 5, the agency pushed back the deadline...more

Ninth Circuit Revises Baby Food False Advertising Class Action

The Ninth Circuit has revived a proposed class action against Gerber, saying the mother who sued it for labeling its sugar-laden baby food as “natural” only had to prove the labels were misleading, not necessarily false....more

FDA Releases Final Rule Allowing Voluntary Risk Reviews of Food Additives to Continue

The Food and Drug Administration (FDA) says its final rule allowing outside groups to evaluate food additive risks will streamline its “Generally Recognized as Safe” (GRAS) reviews. The agency recently released its GRAS...more

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