Joanne Hawana on Food Manufacturers

Those Aren’t Doritos: FTC and FDA Send Warning Letters to Companies Marketing Delta-8 Infused Munchies

The Federal Trade Commission’s (FTC) recent press release marks a continuation in government action against manufacturers of products infused with delta-8 tetrahydrocannabinol (delta-8). In May 2022, the U.S. Food and Drug...more

7/19/2023 / Cannabidiol (CBD) oil , Cannabis Products , Farm Bill , Federal Food Drug and Cosmetic Act (FFDCA) , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Marketing , Warning Letters

FDA Releases Ambitious Action Plan for Further Reducing Children’s Exposure to Toxic Elements from Foods

The U.S. Food and Drug Administration (FDA), industry, policymakers, and consumers share a common goal of ensuring that the foods and beverages Americans eat and drink are safe, and the law has long prohibited the...more

4/29/2021 / Baby Products , Children's Products , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Food Supply , OMB , Toxic Chemicals

Not So Sweet: Failure to Timely Recall Contaminated Ice Cream Results in Major Consequences for Texas Manufacturer

On May 1, 2020, Blue Bell Creameries L.P. (Blue Bell) agreed to plead guilty to charges that it distributed contaminated ice cream products that were linked to a 2015 listeriosis outbreak. The Blue Bell outbreak made...more

5/12/2020 / Blue Bell Creameries , Corporate Counsel , Criminal Prosecution , Department of Justice (DOJ) , False Claims Act (FCA) , Federal Food Drug and Cosmetic Act (FFDCA) , Food Contamination , Food Manufacturers , Food Safety , Listeria , Settlement Agreements

Food Identity Disputes Continue to Impose High-Profile Pressure on FDA

As we reported on previously, FDA recently tussled with the manufacturer of an innovative vegan condiment called “Just Mayo” based on the existence of a Federal standard of identity for mayonnaise that requires the food...more

8/21/2017 / False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Misbranding , Misleading Impressions , Nutrition Facts Labels

Reading the Tea Leaves: Sales of Macadamia Nut Could Be Going Up!

On July 24, 2017, the Food and Drug Administration announced that it had responded to a November 2015 petition from Royal Hawaiian Macadamia Nut, Inc. for a new qualified health claim characterizing the relationship between...more

8/10/2017 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Scientific Evidence

Reexamination of “Healthy” Continues with an FDA Public Meeting in March 2017

As we’ve previously reported, FDA has signaled its interest in reviewing the scope and meaning of the nutrient content claim “healthy,” in part as result of a dispute with KIND LLC about label claims for its KIND Bar...more

2/21/2017 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Public Meetings

Moving on From “Natural,” FDA Seeks Comments on What It Means to Be a “Healthy” Food

As it signaled it would be doing earlier this year, FDA has initiated a public process to redefine the implied nutrient content claim “healthy” when it is used on food labels and labeling. In addition, while the process is...more

10/13/2016 / All Natural , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Nutrition Facts Labels

The Last Set of Major FSMA Regulations Are Done!

The last of FDA’s seven “foundational” rules mandated under the Food Safety Modernization Act of 2011 (FSMA) was published at the end of last month, just a few days before the May 31, 2016 deadline agreed to by the Agency...more

6/17/2016 / Final Rules , Food and Drug Administration (FDA) , Food Contamination , Food Manufacturers , Food Safety , FSMA , Public Safety , Risk Mitigation

A Decade Later, Rules for the Sanitary Transportation of Food Finally Finalized by FDA

Last week, FDA finalized new food safety regulations seeking to ensure the sanitary transport of human and animal food, as required under the Food Safety Modernization Act (FSMA). The final Sanitary Transportation of Human...more

4/14/2016 / Food and Drug Administration (FDA) , Food Contamination , Food Manufacturers , Food Safety , Sanitary Food Transportation Act (SFTA)

Post-Senate Vote, Major Food Manufacturers Choose to Label Genetically Engineered Foods

In the wake of the Senate’s defeat of legislation that would have preempted state-mandated GE ingredient labeling on food products, a new trend is emerging, as one food manufacturer after another announces that they will...more

3/29/2016 / Food Labeling , Food Manufacturers , GMO , Legislative Agendas , Preemption

FDA Requests Input on Use of the Term “Natural” for Foods

On November 12, 2015, FDA is scheduled to publish a notice in the Federal Register announcing a request for public comments on the use of the term “natural” in food labeling. As the Agency points out, it has been under...more

11/11/2015 / Comment Period , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Natural Products

FDA Releases Two Final Food Safety Rules: What You Need to Know

Progress on Final Rules implementing the Food Safety Modernization Act (FSMA) took a significant step forward last week when FDA released its first two, comprising the final rules on Current Good Manufacturing Practice and...more

9/18/2015 / Animal Food , CGMP , Farms , Federal Register , Final Rules , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , FSMA , Public Meetings , Recordkeeping Requirements , Risk Assessment , Risk-Based Approaches

What’s in a Name? When You’re Selling a Food with an Established Federal Standard of Identity, a Whole Lot!

A bluntly labeled section of the Code of Federal Regulations – “Mayonnaise” – provides a description of this particular food dressing, the food’s required ingredients, optional ingredients, and how to declare those...more

9/9/2015 / FDA Warning Letters , Federal Food Drug and Cosmetic Act (FFDCA) , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Misbranding , Product Labels , Unilever

FDA Determines Artificial Trans Fat Are No Longer “Generally Recognized as Safe”; Must Be Removed From Human Food By June 2018

Acting to finalize a tentative decision from 2013, FDA announced on June 15, 2015 that it was issuing a declaratory order that will require manufacturers to remove partially hydrogenated oils (PHOs) from processed foods over...more

6/22/2015 / Food & Drug Regulations , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Manufacturers , Trans Fat

Joanne Hawana

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