The enforcement trends of 2023 have continued into 2024, especially with respect to the U.S. Consumer Product Safety Commission (CPSC or Commission) and the U.S. Food and Drug Administration (FDA or Agency). Both have ramped...more
8/30/2024
/ Consumer Product Safety Commission (CPSC) ,
Consumer Product Safety Improvement Act (CPSIA) ,
E-Commerce ,
Enforcement ,
Food and Drug Administration (FDA) ,
Inspections ,
Litigation Strategies ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements
On April 19, the U.S. Environmental Protection Agency (EPA) released its long-awaited final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers,...more
After formulating an exciting new healthy food or beverage, the packaging it comes in may feel like an afterthought. It should not be. Food packaging has become an increasingly hot topic among federal and state regulators,...more
3/15/2024
/ Beverage Manufacturers ,
Code of Federal Regulations (CFR) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
GRAS ,
Green Guides ,
PFAS ,
Product Packaging ,
Recycling ,
Sustainability
Whether formulating a new food or developing a novel ingredient, a critical first step is understanding the regulatory framework for bringing a new ingredient (or a food containing a new ingredient) to the market. This...more
In the world of healthy food and beverages, a crucial first step towards bringing a new product to the crowded U.S. market is identifying and understanding the regulatory authorities that oversee your product. This is not...more
11/30/2023
/ Advertising ,
Alcohol Beverage Control ,
Beverage Manufacturers ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Meat Inspection Act (FMIA) ,
Federal Trade Commission (FTC) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Organic ,
TTB ,
USDA
On September 20, 2023, the Consumer Product Safety Commission (CPSC) issued a Federal Register Notice and Request for Information asking for public comment about the use and presence of per- and polyfluoroalkyl substances...more
Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.”
Instead, they are applying lessons learned from the...more
7/11/2023
/ Artificial Intelligence ,
Best Practices ,
Clawbacks ,
Compensation ,
Compliance ,
Customs and Border Protection ,
Cyber Threats ,
Cybersecurity ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Intellectual Property Protection ,
Machine Learning ,
Manufacturers ,
Securities and Exchange Commission (SEC) ,
Supply Chain
EPA is proposing nationally uniform and federally enforceable limits on six per- and polyfluoroalkyl substances (PFAS) in drinking water for the first time. This marks a key milestone in EPA's PFAS roadmap and establishes an...more
On December 15, 2022, the United States Environmental Protection Agency (EPA) published a notice of a Final Rule approving the use of a new American Society for Testing & Materials (ASTM) standard for conducting Phase I...more
With Thanksgiving fast approaching, you have probably heard that there is a turkey shortage – brought about by a combination of rising costs for feed and fuel, continued labor shortages, and – if that were not enough –a...more
11/18/2022
/ Biden Administration ,
Compliance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement ,
Executive Orders ,
Labor Shortage ,
Poultry ,
Proposed Rules ,
Sherman Act ,
Supply Chain ,
Supply Shortages ,
Unfair or Deceptive Trade Practices ,
USDA
The United States Environmental Protection Agency (U.S. EPA) has released its long-anticipated Proposed Rule to designate the “forever” chemicals PFOA and PFOS as hazardous substances under the Comprehensive Environmental...more
Well into the third year of the global pandemic, with record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued upon a similar path as recent...more
6/7/2022
/ Bankruptcy Court ,
Biden Administration ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
DEA ,
Department of Justice (DOJ) ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Food and Drug Administration (FDA) ,
Infrastructure ,
Insolvency ,
NDAA ,
Patents ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Sustainability ,
Trademarks ,
USPTO ,
Veterans Administration
We invite you to enjoy a review of the food and beverage industry with bite size articles ranging from regulatory and real estate trends to litigation and M&A happenings.
The past two years have seen significant changes...more
6/2/2022
/ American Rescue Plan Act of 2021 ,
Beverage Manufacturers ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement ,
False Claims Act (FCA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Investigations ,
Paycheck Protection Program (PPP) ,
Putative Class Actions ,
SBA ,
Whistleblowers
For the past several years, the Wisconsin Department of Natural Resources (“WDNR”) has engaged in a multi-media effort to regulate the class of chemicals commonly referred to as “forever chemicals” in waters and soils in the...more
4/20/2022
/ CERCLA ,
Department of Natural Resources ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Proposed Regulation ,
Soil ,
Wastewater ,
Wisconsin
In a move that could have wide-ranging implications for developers of real estate, including renewable energy projects, throughout the United States, the U.S. Army Corps of Engineers (the “Corps”) recently announced that it...more
On October 18, 2021, the U.S. Environmental Protection Agency (“EPA”) released its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (the “PFAS Roadmap”). This widely anticipated plan further expands EPA’s...more
10/28/2021
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
PFAS ,
RCRA ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On September 17, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed new, alternative safe harbor warnings for acrylamide exposures in food. OEHHA’s stated goal is to reduce the potential...more
On September 15, 2021, Illinois Governor J.B. Pritzker signed into law the sweeping Climate and Equitable Jobs Act (SB2408), establishing the next steps for Illinois energy policy after years of negotiation. This legislation...more
Cannabis growing and processing operations face increasing regulatory pressure to assess and reduce their environmental impacts – especially in the areas of water quality, air emissions, energy use and sustainability,...more
8/11/2021
/ California ,
Cannabis Products ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Marijuana ,
Marijuana Cultivation ,
NPDES ,
Permits ,
POTWs ,
Proposition 65 ,
Sustainability ,
Volatile Organic Compounds (VOC) ,
Water ,
Water Rights
On June 10, 2021, pursuant to Section 8(a) of the Toxic Substances Control Act (“TSCA”), the U.S. EPA proposed a rule requiring manufacturers and importers of per- and polyfluoroalkyl substances (“PFAS”) to report information...more
Yesterday, the U.S. EPA and the U.S. Army Corps of Engineers announced their intent to initiate a rulemaking process to promulgate a new definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”)....more
Foley & Lardner’s Food & Beverage Industry Team has authored a new handbook entitled, “Food & Beverage Supply Chain Desk Reference.” For the sake of convenience, the Desk Reference includes quick answers to your legal needs...more
3/25/2021
/ Food and Drug Administration (FDA) ,
Food Recalls ,
Indemnification ,
License Agreements ,
Limitation of Liability Clause ,
Non-Disclosure Agreement ,
Product Recalls ,
Robinson-Patman Act ,
Sales & Distribution Agreements ,
Sellers ,
Sherman Act ,
Supply Chain ,
Terms and Conditions ,
The Clayton Act ,
Uniform Commercial Code (UCC) ,
USDA ,
Warranties
New Proposition 65 warning requirements applicable to cannabis and CBD products took effect on January 3, 2021, after a one-year enforcement grace period. Companies who manufacture, distribute, or sell at retail THC products...more
Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more
1/15/2021
/ Affordable Clean Energy (ACE) Rule ,
Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Congressional Review Act ,
Cross-State Air Pollution ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
FIFRA ,
PFAS ,
RCRA ,
Renewable Energy ,
Repeal ,
Supplemental Environmental Project (SEP) Policy ,
Toxic Substances Control Act (TSCA) ,
Waters of the United States
As the COVID-19 pandemic continues, and with an incoming Biden administration that is expected to step up efforts to control the spread of the virus, use of personal protective equipment (“PPE”) and cleaning/disinfectant...more
11/24/2020
/ Consumer Product Safety Act (CPSA) ,
Consumer Product Safety Commission (CPSC) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Environmental Protection Agency (EPA) ,
FHSA ,
Food and Drug Administration (FDA) ,
Manufacturers ,
New Guidance ,
Personal Protective Equipment ,
Public Readiness and Emergency Preparedness Act (PREP Act)