On April 22, 2025, the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration announced a series of new measures to quickly phase out all petroleum-based synthetic dyes from the nation’s food...more
On April 21, 2025, it was reported that the U.S. Department of Health and Human Services (HHS) has released a media advisory describing the Food and Drug Administration’s (FDA) intention to remove petroleum-based synthetic...more
On April 10, 2025, the Food and Drug Administration (FDA) released a pre-recorded webinar outlining the updated "healthy" nutrient content claim rule. As we previously discussed, the rule will go into effect on April 28,...more
4/21/2025
/ Compliance Dates ,
Consumer Protection Laws ,
Dietary Supplements ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Government Investigations ,
New Rules ,
Regulatory Requirements ,
State Attorneys General ,
Webinars
On April 4, the California Department of Resources Recycling and Recovery (CalRecycle) published its final material characterization study report, starting the clock for compliance with Senate Bill No. 343 (SB 343), also...more
As we previewed, West Virginia is the latest state to regulate food dyes. On Monday, Governor Patrick Morrisey signed HB2354, deeming the following food additives unsafe and prohibiting their use, with some limited...more
On March 10, the Department of Justice (DOJ) moved to drop a lawsuit filed on behalf of the Federal Trade Commission (FTC) against Xlear, which marketed a line of over-the-counter saline nasal spray products touted to treat...more
3/18/2025
/ Advertising ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Dismissals ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misleading Statements ,
Pending Litigation ,
Unfair or Deceptive Trade Practices
On January 15, 2025, the Food and Drug Administration (FDA or Agency) issued an order to revoke the authorization for the use of FD&C Red No. 3 (Red No. 3) in food and ingested drugs in response to a 2022 color additive...more
As part of a flurry of activity this week before the change in its leadership, the Federal Trade Commission (FTC) announced proposed rulemakings regarding deceptive earnings claims by multilevel marketers and money-making...more
1/20/2025
/ Advertising ,
Earnings Reports ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
MLM ,
MLM Industry ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
On January 8, 2025, a bill prohibiting the sale of certain dietary supplements for weight loss and muscle building and other products to minors was formally introduced to the Virginia House of Delegates (House Bill No. 1585...more
On December 19, 2024, the Food and Drug Administration (FDA) announced a final rule updating the definition of the term "healthy" as used in food labeling. Under the rule, manufacturers may use the term "healthy" and similar...more
Last Friday, California Governor Gavin Newsom signed the California School Food Safety Act (AB2316). The new law will prohibit California's public schools from serving school meals containing any of the following synthetic...more
On September 10, the Food and Drug Administration (FDA) Biocompatibility and Toxicology Program published a statement announcing its intention to commission an independent literature review and internal bench laboratory study...more
9/26/2024
/ Class Action ,
Consumer Protection Laws ,
Final Rules ,
Food Manufacturers ,
Jurisdiction ,
Labeling ,
Medical Devices ,
Medical Research ,
Metals ,
Misleading Statements ,
Peer Review ,
Preemption ,
Premarket Approval Applications ,
Proposition 65 ,
Research Reports
We previously covered California's landmark Food Safety Act, the legislative proposals inspired by it, and the FDA's final rule revoking the authorization of brominated vegetable oil (BVO) in food products. Since then, there...more
State legislatures are actively pursuing bans on food and color additives. California’s landmark Food Safety Act (Act), effective January 2027, bans the manufacture and sale of products containing brominated vegetable oil...more
We want to inform you of a new law in Maryland, effective January 1, 2025, that mandates baby food manufacturers to test for toxic heavy metals, excluding infant formula. Known as Rudy’s Law, this legislation was inspired by...more
The terms vegetarian and vegan are becoming more common. Initially, how to be a practicing vegetarian or vegan was the focus. Now, these terms are used to describe not only a lifestyle, but foods, cosmetics, and clothing. ...more
Earlier this month, the National Advertising Division of BBB National Programs (NAD) recommended that Amyris Clean Beauty, Inc.’s (Amyris) Biossance skincare products modify or discontinue several claims regarding their...more