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West Virginia Joins Growing List of States to Ban Food Dyes

On March 24, 2025, West Virginia Gov. Patrick Morrisey signed House Bill 2354 into law, prohibiting the sale and distribution of food products with certain artificial food dyes and chemicals. The signing of HB 2354 means West...more

Behind the Counter: Nitrous Oxide Requires Responsible Regulation, Continues to Show Risk

Across the United States, nitrous oxide (N2O), also known as laughing gas or nitrous, continues to be sold in convenience stores, gas stations and other easy-to-access locations with limited national enforcement. N2O serves a...more

FDA Bans Red Dye No. 3 in Food and Drugs, Sets Deadlines for Manufacturers to Reformulate

On Jan. 15, 2025, the U.S. Food and Drug Administration revoked its authorization for the use of Red Dye No. 3 in food and ingested medications. Red Dye No. 3, chemically known as erythrosine, is a synthetic color additive...more

FDA Releases Final Quality Management System Regulation Amendments

The U.S. Food and Drug Administration (FDA) issued a final rule on Jan. 31, 2024, to amend the medical device current good manufacturing practice requirements of the quality system regulation under 21 CFR 820....more

FDA Publishes Two Key Guidance Documents on Cosmetics Facility Registration and Product Listing

The U.S. Food and Drug Administration (FDA) had a busy end of 2023 regarding cosmetics facility registration and product listing, which are now required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)....more

California Bans Four Common Food Additives and 26 Chemicals Used in Cosmetics

On Oct. 7, 2023, Gov. Gavin Newsom signed the California Food Safety Act (CFSA) into law, making California the first state to ban the manufacture, sale, distribution or delivery of food products containing four food...more

FDA Publishes New Guidance on Cybersecurity in Medical Devices

In response to a growing number of cyberattacks in the healthcare and life sciences industries, on Sept. 27, 2023, the U.S. Food and Drug Administration (FDA) released updated guidance regarding cybersecurity safety...more

FDA Issues Draft Guidance for Cosmetic Product Listing and Facility Registration

On Aug. 7, 2023, the U.S. Food and Drug Administration (FDA) released draft guidance, “Registration and Listing of Cosmetic Product Facilities and Products: Guidance for Industry,” which would require facilities that...more

FDA Guidance Clarifies Classification of Combination Drug-Device Products

In January 2022, the U.S. Food and Drug Administration (FDA) released finalized guidance on premarket pathways for combination products. While the guidance is not binding, it provides industry participants with valuable...more

Got More Hand Sanitizer? (Part 2) More Legal and Business Considerations for New Market Entrants

This second McGuireWoods alert discussing regulation of hand sanitizer manufacture and distribution addresses new considerations from the Food and Drug Administration (FDA) published in a June 2020 update to its March 2020...more

Countermeasures and Why They Matter for Liability During COVID-19

Under the Public Readiness and Emergency Preparedness Act, the secretary of the U.S. Department of Health and Human Services can issue a declaration to provide immunity for individuals and entities from any liability arising...more

FDA Releases Draft Guidance on Transdermal and Topical Delivery Systems

The U.S. Food and Drug Administration (FDA) recently released a draft guidance document regarding transdermal and topical delivery systems, outlining the agency’s thoughts on process and product development. FDA considers...more

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