The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters on July 16, 2024, to five companies for illegally selling and introducing into the market copycat food products...more
On April 3, 2024, FDA published Draft Guidance titled New Dietary Ingredient Notification Master Files for Dietary Supplements (the Draft Guidance). The Draft Guidance provides recommendations on how stakeholders can...more
On March 5, FDA published its long-awaited Final Guidance on New Dietary Ingredient Notification (NDIN) Procedures and Timeframes (Final Guidance). This new guidance updates and finalizes Section V of FDA’s revised 2016 Draft...more
On February 28, 2024, the U.S. Food and Drug Administration (FDA) announced that grease-proofing substances containing per- and polyfluoroalkyl substances (PFAS) are no longer being sold by manufacturers for food contact use...more
On February 15, a bipartisan group of five Congressional Representatives introduced the Pet Food Uniform Regulatory Reform Act of 2024 (the PURR Act) in the U.S. House.
Currently, the FDA’s regulation of pet foods is...more
The FDA recently launched an updated dietary supplement ingredient directory titled "Information on Select Dietary Supplement Ingredients and Other Substances," replacing FDA’s "Dietary Supplement Ingredient Directory,"...more
The U.S. Food and Drug Administration (FDA) recently published revisions to its multichapter draft guidance for industry on Hazard Analysis and Risk-Based Preventive Controls (HARPC) for Human Food (the Draft Guidance). 89...more
PERKINS COIE IS PLEASED TO PUBLISH ITS Q4 FOOD AND CPG LEGAL TRENDS REPORT.
This report is a bite-sized version of our annual year in review, providing timely insights on trends so far this year. In Q4 2023, the Consumer...more
1/23/2024
/ Beverage Manufacturers ,
Class Action ,
Cosmetics ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Menu-Labeling ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Nutritional Supplements ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Requirements
On December 7, U.S. Representative Greg Pence (R-IN) introduced the Innovative Feed Enhancement and Economic Development Act of 2023 (the Innovative FEED Act). Sen. Roger Marshall (R-KS) introduced the Senate version of the...more
On November 30, 2023, FDA announced the availability of new resources for stakeholders to facilitate compliance with the Food Traceability Rule.
Refresher on FDA’s Food Traceability Final Rule -
FDA issued its Food...more
On November 1, 2023, the U.S. Food and Drug Administration (FDA) published a proposed rule to amend Prior Notice requirements for imported human and animal food in two key ways: Additionally, on October 13, 2023, FDA...more
On September 26, 2023, the U.S. Food & Drug Administration (FDA) added two new chapters to the agency’s draft guidance (the Draft Guidance): Chapter 11: Food Allergen Program and Chapter 16: Acidified Foods. These additions...more
10/5/2023
/ Draft Guidance ,
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 ,
Regulatory Agenda ,
Regulatory Reform
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Elena Nacarino, et al. v. Kashi Company and Molly Brown, et al. v. Kellogg Company, Nos....more
The U.S. Food and Drug Administration (FDA) issued draft guidance on August 7, 2023, clarifying new requirements for cosmetic facility registrations and product listings under the Modernization of Cosmetics Regulation Act of...more
8/22/2023
/ Comment Period ,
Cosmetics ,
Distributors ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Personal Care Products ,
Registration Requirement ,
Regulatory Requirements ,
Retailers
Congressional Activity—New Hearing and Bipartisan Bill on Hemp -
On July 20, the Hemp Access and Consumer Safety Act was reintroduced in Congress with bipartisan support from co-sponsors Sen. Ron Wyden, D-Ore., Sen. Rand...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Darlene Hollins, et al. v. Walmart, Inc., et al., No. 21-56031 (9th Cir. – May 11, 2023): The...more
The U.S. Food and Drug Administration (FDA) released a public inventory on July 12, 2023, of certain food ingredients that the agency has determined are unsafe because they are unapproved food additives that are not Generally...more
7/19/2023
/ Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Enforcement Actions ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
GRAS ,
Manufacturers ,
Regulatory Reform
FDA and FTC Issue Cease and Desist Letters to Companies Selling Delta-8 Edibles -
On July 5, the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) jointly sent cease and desist letters to six companies...more
7/17/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Cease and Desist Orders ,
Controlled Substances Act ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Investigations ,
Labeling ,
Marijuana ,
Marijuana Related Businesses ,
Product Packaging ,
Regulatory Requirements ,
State and Local Government ,
Warning Letters
Oregon is the first state in the country to offer controlled use of psilocybin to the public. As we detailed in a prior Update, the state had finalized regulations. Now, the state has licensed its first psilocybin service...more
7/14/2023
/ California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Colorado ,
Controlled Substances ,
Food and Drug Administration (FDA) ,
Healthcare ,
Laboratories ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Oregon ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government
The U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) issued Directive 7800.1 on June 21, 2023, providing further insight into the agency’s inspection and verification activities for the...more
Coalition Forms To Influence Scheduling Review Process -
As the Biden administration actively reviews the classification of cannabis under the Controlled Substances Act (CSA), a diverse group of cannabis companies and...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Kasama Brand v. KSF Acquisition Corp. dba Slimfast, No. 3:22-cv-00392-LAB-JLB (S.D. Cal. –...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Felix Bermudez et al. v. Colgate-Palmolive Company, No. 1:21-cv-10988-JLR (S.D.N.Y. – March...more
6/1/2023
/ Breach of Warranty ,
Dismissals ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Fraud ,
Marketing ,
Natural Products ,
Personal Care Products ,
Product Labels ,
Putative Class Actions ,
Regulatory Requirements
Legislators in California and New York have proposed bills to ban five food additives that have purportedly been linked to health concerns such as cancer, neurodevelopmental issues, and hormone dysfunction. The five...more
Two recent developments at the federal level are intended to encourage more food donations. First, President Biden signed the Food Donation Improvement Act (FDIA), which expands Good Samaritan liability protections. Second,...more