FTC seeks industry input on potential revisions to its 2013 .com Disclosures guidance on digital advertising and marketing....more
The Federal Trade Commission (FTC) recently issued a Final Rule, which codifies the Commission’s longstanding “all or virtually all” policy on unqualified U.S.-origin claims, extends enforcement to online labeling, and...more
The U.S. Food and Drug Administration’s (FDA) Center for Food Safety and Applied Nutrition (CFSAN) and Office of Food Policy and Response (OFPR) recently released a list of priority draft and final guidance documents that the...more
On 22 April, the Supreme Court dealt a striking blow to the Federal Trade Commission’s (FTC) longstanding reliance on Section 13(b) of the Federal Trade Commission Act (FTC Act) as a basis for obtaining monetary relief for...more
The U.S. Food and Drug Administration (FDA) is requesting public comment on the labeling of seafood products made using cell culture technology. FDA’s Request for Information (RFI) entitled, “Labeling of Foods Comprised of or...more
The Dietary Guidelines Advisory Committee (DGAC) recently released its competed Scientific Advisory Report, which will serve as the basis of the recommendations in the 2020-2025 Dietary Guidelines for Americans. The 2020-2025...more
A recent action by the National Advertising Division (NAD), a self regulatory arm of the Better Business Bureau, addresses the level of proof necessary to support “natural” and “satiety” claims involving competing experts and...more
The Federal Trade Commission (FTC) on 22 June 2020 voted to adopt regulations codifying its long-standing Enforcement Policy Statement on U.S. Origin Claims (Policy Statement). The proposed regulations come after the FTC...more
7/8/2020
/ Country of Origin ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Made in the USA ,
Online Advertisements ,
Product Labels ,
Proposed Rules ,
Rulemaking Process ,
Section 5 ,
Unfair or Deceptive Trade Practices
There are numerous regulatory and practical issues borne out of COVID-19 that are facing the food industry, many of which are increasingly playing out at the state level. As states grapple with so-called “re-opening” of...more
The U.S. Food and Drug Administration (FDA) has issued two resources for retail food establishments that are reopening after closing or partially closing in response to COVID-19. The resources include a Food Safety Checklist...more
The National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, recently announced that a new “Fast Track” challenge process is now available to members of the advertising industry. The SWIFT...more
On social media and other digital advertising platforms, proper disclosure of material interests between an endorser and the product manufacturer is critical to inform consumers and avoid alleged deceptive advertising...more
4/9/2020
/ Advertising ,
Comment Period ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Social Media ,
Unfair or Deceptive Trade Practices ,
Websites
This memorandum summarizes recent actions the U.S. Food and Drug Administration (FDA) has taken in response to the COVID-19 outbreak. First, FDA has issued a temporary policy to provide flexibility to chain restaurants and...more
On March 27, 2020, the President signed into law the “Coronavirus Aid, Relief, and Economic Security Act,” or the CARES Act. This is the third phase of federal legislation in response to the COVID-19 outbreak. The estimated...more
3/30/2020
/ Agribusiness ,
Agricultural Marketing Act ,
APHIS ,
CARES Act ,
Coronavirus/COVID-19 ,
Federal Aid ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Food Safety and Inspection Service (FSIS) ,
Relief Measures ,
SNAP Program ,
Tax Credits
A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers who participate but decline to be bound by an NAD Decision can expect to be...more
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued an updated Labeling Guideline on Statements That Bioengineered or Genetically-Modified Ingredients or Animal Feed Were Not...more
1/17/2020
/ Agribusiness ,
Bioengineering ,
Farm Animals ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Safety and Inspection Service (FSIS) ,
Food Supply ,
Genetically Engineered Animals ,
Genetically Engineered Seed ,
GMO ,
New Guidance ,
Regulatory Oversight ,
Regulatory Requirements ,
USDA
On December 31, 2019, the U.S. Food and Drug Administration (FDA) issued two final guidance documents to assist industry with compliance with the agency’s updated Nutrition Facts labeling regulations. The first final...more
1/15/2020
/ Final Guidance ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Nutrition Facts Labels ,
Product Labels ,
Product Packaging ,
Regulatory Requirements ,
Retail Market ,
Retailers ,
Rulemaking Process
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a revised compliance guideline for substantiating animal raising claims on labels for meat and poultry products. This updated...more
1/10/2020
/ Agribusiness ,
Animal Health ,
Claim Procedures ,
Consumer Protection Laws ,
Farm Animals ,
Farms ,
Food Labeling ,
Food Safety ,
Food Safety and Inspection Service (FSIS) ,
New Guidance ,
Regulatory Oversight ,
Regulatory Requirements ,
Retail Market ,
Rulemaking Process ,
Strict Compliance ,
Third-Party Service Provider ,
USDA
Consumer-facing companies are increasingly utilizing social media influencers to get their advertising to targeted audiences and to learn how their products are working for real people. This innovative form of advertising is...more
On September 26, 2019, the Federal Trade Commission’s (“FTC’s” or “the Commission’s”) Bureau of Consumer Protection (“BCP”) held a public workshop on “Made in USA” and similar U.S.-origin claims for consumer goods sold in the...more
The U.S. Food and Drug Administration (FDA) recently announced it will be holding a full-day public meeting on September 27, 2019, to address “Horizontal Approaches to Food Standards of Identity Modernization.” As explained...more
The Food and Drug Administration (FDA) recently issued technical amendments to the final rule revising the nutrition labeling requirements. These technical amendments restore provisions that were inadvertently omitted when...more
The California legislature has passed a law amending the state’s slack-fill statute for food containers subject to the Federal Food, Drug and Cosmetic Act (FFDCA). Assembly Bill 2632 (AB 2632), which Governor Jerry Brown...more
The U.S. Food and Drug Administration (FDA) last month announced it would exercise enforcement discretion over two qualified health claims characterizing the relationship between the reduced risk of coronary heart disease...more
The Internet of Things (IoT) has opened doors to enormous innovative opportunities for consumer product manufacturers. But it has also introduced a new twist in the way that innovation, product safety, and the U.S....more
12/10/2018
/ Connected Items ,
Consumer Product Safety Commission (CPSC) ,
Internal Controls ,
Internet of Things ,
Manufacturers ,
Popular ,
Product Defects ,
Regulatory Requirements ,
Reporting Requirements ,
Safety Standards ,
Smart Devices