News & Analysis as of

Comment Period Food Safety

Bergeson & Campbell, P.C.

FDA Posts Discussion Paper on Development of an Enhanced Systematic Process for Its Post-Market Assessment of Chemicals in Food;...

As reported in our August 7, 2024, blog item, the U.S. Food and Drug Administration (FDA) announced on August 1, 2024, that it will hold a public meeting on September 25, 2024, on the development of an enhanced systematic...more

Perkins Coie

Food Safety Focus: FDA Updates Draft HARPC Guidance for Human Food

Perkins Coie on

The U.S. Food and Drug Administration (FDA) recently published revisions to its multichapter draft guidance for industry on Hazard Analysis and Risk-Based Preventive Controls (HARPC) for Human Food (the Draft Guidance). 89...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - November 2023 - Any Comments on FDA’s New Proposed Rule on Prior Notice Regulations?

The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 requires the Food and Drug Administration (FDA) to take additional measures for safeguarding the public against potential terrorist attacks on...more

Holland & Knight LLP

FDA, PFAS and Food Packaging: More to Come?

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) is not the only federal agency that regulates per- and polyfluoroalkyl substances (PFAS). And states aren't the only ones scrutinizing PFAS in food packaging products. PFAS,...more

Kelley Drye & Warren LLP

Maine Seeks Feedback on Types of Food Packaging Subject to PFAS Prohibition and Availability of “Safer Alternatives” (Comments...

After years of back-and-forth, the Maine Department of the Environment (“MDEP”) is seeking comment (by this coming Monday) on a “concept draft” regulation identifying the types of food packaging that would fall under a 2019...more

Ervin Cohen & Jessup LLP

FDA Revokes Uses of Partially Hydrogenated Oils in Food

On August 9, 2023, the Food and Drug Administration (“FDA”) announced a direct final rule revoking certain uses of partially hydrogenated oils (“PHOs”) in food. The rule will go into effect on December 22, 2023. Any comments...more

Ervin Cohen & Jessup LLP

FDA Announces Updated Foods Program Priorities

On July 6, 2023, the U.S. Food and Drug Administration (“FDA”) released an updated list of draft and final topics that the agency anticipates publishing guidance documents for by the end of December 2023....more

Hogan Lovells

FDA Invites Comment on Petition Seeking to Repeal Color Additive Listing for Titanium Dioxide in Food

Hogan Lovells on

On April 14, 2023, the U.S. Food and Drug Administration filed a petition submitted by the Environmental Defense Fund (EDF) and several other NGOs requesting that the agency repeal its regulation authorizing the use of...more

Bergeson & Campbell, P.C.

FDA Seeks Comment on Request to Revoke the Color Additive Listing for Use of Titanium Dioxide in Food

The U.S. Food and Drug Administration (FDA) announced on May 3, 2023, that it has filed a color additive petition (CAP 3C0325), submitted by the Environmental Defense Fund (EDF), the Center for Environmental Health (CEH), the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - May 2023

The U.S. Food and Drug Administration (FDA) has written a letter to the manufacturers and developers of new plant varieties, urging them to fully consider the potential ramifications of transferring the genes of allergens to...more

Hogan Lovells

FDA seeks comment on food labeling information in e-commerce

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) is requesting comment on the availability of nutrition, ingredient, and allergen information online for packaged foods sold through online grocery shopping platforms.  FDA explains...more

Wiley Rein LLP

Proposed CAFO Signals EPA Is Close to Resolving Treated Seeds as Treated Articles Petition

Wiley Rein LLP on

On July 6, 2022, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice announcing the availability of a draft Consent Agreement and Final Order (CAFO) that would resolve a claim in U.S....more

Bennett Jones LLP

Stakeholder Consultation on Food Labeling

Bennett Jones LLP on

Health Canada and the Canadian Food Inspection Agency (CFIA) are currently seeking feedback on the development of voluntary guidance for providing information for foods that are sold to consumers through e-commerce. While the...more

Womble Bond Dickinson

Focus on Food Safety: How Proposed Amendments to the Agricultural Water Rule Will Impact Farmers

Womble Bond Dickinson on

When you go to the grocery store or farmer’s market and buy produce (I prefer the latter), do you consider how safe the produce is?  If you are anything like me, perhaps you have wondered about the regulatory requirements...more

Foley Hoag LLP

USDA Seeks Comment on Cultured Meat and Poultry Labeling

Foley Hoag LLP on

The Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture (USDA) recently published an advanced notice of proposed rulemaking (ANPR) seeking public comment pertaining to the labeling of meat and...more

Ervin Cohen & Jessup LLP

FDA Foods Program Releases Guidance Topics

On June 29, 2021, the U.S. Food and Drug Administration’s (“FDA”) Center for Food Safety and Applied Nutrition and Office of Food Policy and Response released a list of draft and final guidance topics that are a priority for...more

Hogan Lovells

FDA to test voluntary “healthy” symbols through consumer research

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) has recently signaled its continued interest in developing a voluntary “healthy” symbol for packaged foods as a representation of the nutrient content claim....more

Downey Brand LLP

Proposition 65 Notices of the Month – July 2020: Notices Decline for Acrylamide in Snack Foods; Chocolate, Canned Goods, Dietary...

Downey Brand LLP on

In July, citizen plaintiff enforcers of California’s Proposition 65 (“Prop. 65”) continued to send hundreds of 60-Day Notices of Violation (“Notices”), as they have during each month of 2020. These Notices challenge the...more

BCLP

Proposition 65 – OEHHA Proposes Safe Harbor Concentrations and Blanket Protections for Exposures to Acrylamide and Other Listed...

BCLP on

Acrylamide in food products has been one of the most significant drivers for recent Proposition 65 enforcement actions, frustrating many in the food industry, particularly because acrylamide is not added to those products....more

Hogan Lovells

FDA Reopens Comments on Proposed Rule to Modernize Food Standards of Identity

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) announced that it is reopening the comment period on a 2005 proposed rule to establish a set of general principles to use when considering whether to establish, revise, or eliminate...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l October 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Warns Company Selling CBD Oil - The U.S. Food and Drug Administration has published a warning letter it sent in September 2019 to a company selling cannabidiol (CBD) oil as a...more

Hogan Lovells

FSIS Issues Compliance Guideline on Kit Labeling

Hogan Lovells on

Recently, FSIS issued its long-awaited guidance on the labeling and packaging of “kit” products. Although FSIS has long informally applied its “kit policy,” this FSIS Compliance Guideline marks the first public guidance that...more

Hogan Lovells

The Use of an Alternate Name for Potassium Chloride in Food Labeling: Guidance for Industry

Hogan Lovells on

Last week the Food and Drug Administration (FDA) issued draft guidance announcing that the agency intends to exercise enforcement discretion to allow the use of “potassium chloride salt” as an alternative common or usual name...more

Husch Blackwell LLP

FSIS Proposes To Rescind Dual Labeling Requirements For Certain Packages Of Meat And Poultry Products

Husch Blackwell LLP on

The U.S. Department of Agriculture (USDA) Food Safety Inspection Service (FSIS) has proposed to eliminate requirements that certain meat and poultry products display net weights using a dual declaration format (i.e. requiring...more

Hogan Lovells

FDA Releases Second Installment of Draft Guidance for FSMA Intentional Adulteration Rule

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The U.S. Food and Drug Administration (FDA) has released the second of three installments of its Draft Guidance to support compliance with the Mitigation Strategies to Protect Food Against Intentional Adulteration (IA) rule....more

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