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Foreign Supplier Verification Programs and Customs Compliance: Three Key Facts Companies Need To Know

On November 27, 2015, the Food and Drug Administration (FDA) published the final rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals under the FDA Food Safety Modernization Act...more

Labeling GMO’s — Too Late and Too Much

Commentators arguing that genetically-modified plants (and animals) or “GMO’s” have been prepared by conventional plant breeding, fail to address the central issue driving the debate about the safety of genetically-engineered...more

FDA dishes out major regulatory challenges for food industry in 2016

In 2015, the FDA unleashed a surge of new regulations on the food industry carrying key compliance deadlines in 2016. As the FDA continues to intensify its enforcement over its regulated industries, food companies should...more

California Supreme Court Holds Organic Labeling Suit a Natural Fit in State Court

In December, the California Supreme Court held that a challenge to a farm’s labeling of its herbs as “organic” under state false advertising laws is not preempted by the federal Organic Foods Production Act of 1990 (“Organic...more

Obama Administration Lays Out 2016 Regulatory Plans for Food and Agriculture

President Obama’s administration recently released its Regulatory Plan, which lays out department-specific regulatory priorities. Of interest to the food and agriculture industry are the agendas from the U.S. Department of...more

Agriculture, Food, and Health Issues to Watch for 2016

As the agriculture and food industries head into the new year, a number of important cases and regulatory issues that have the potential to dramatically affect the industry are front and center. Below, Armstrong Teasdale’s...more

Food Safety, Labeling, and Nutrition Update - December 2015 #2

As 2015 wraps up, there have been several important developments in Food Safety, Labeling, and Nutrition, most notably the FY 2016 Omnibus Appropriations Bill expected to pass the House and Senate on Friday, December 18. The...more

Supreme Court Paves the Way for Organic Food Fraud Suits

The California Supreme Court just handed down a decision that’s been hailed by the Recorder as “boon for plaintiffs bar.” In Quesada v Herb Thyme Farms (PDF), the supreme court unanimously held that claims for fraud by...more

California Opens Courts to State Claims re: “Organic” Food

And the California Supreme Court said “Let there be more litigation” and there was more litigation. This week, the California Supreme Court held that private citizens (i.e. class action plaintiffs’ attorneys) can bring...more

California Supreme Court Opens the Door to Organic Mislabeling Claims

Last week, the California Supreme Court issued a long awaited ruling on organic labeling in Quesada v. Herb Thyme Farms, Inc., No. S216305, 2015 WL 7770635 (Cal. Dec. 3, 2015). At issue in Quesada was whether consumers may...more

New FDA rule places increased food safety responsibility on importers, foreign suppliers

On Nov. 27, 2015, the FDA published its Final Rule outlining how the food industry, already in the midst of implementing Hazard Analysis and Risk Based Preventive Controls, or HARPC, will be responsible for ensuring that...more

FDA Seeks Input on Uses of “Natural” in Food and Beverage Labeling

Earlier this month, the U.S. Food and Drug Administration (FDA) invited public comments on uses of the term “natural” in food and beverage labeling and whether “natural” should apply only to “unprocessed” foods. The FDA’s...more

Food for Thought: FDA Approves Genetically Engineered Salmon

On November 19, the U.S. Food and Drug Administration approved genetically engineered (GE) salmon for consumption as food. AquaBounty Technologies, Inc. filed an application with the FDA for the approval of AquAdvantage...more

FSMA Comes Down on the Farm: FDA Finalizes Produce Safety Standards

On Friday, November 13, 2015, the U.S. Food and Drug Administration (FDA) released the prepublication version of its final rule regarding Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human...more

Appetite for Litigation: Why Plaintiffs’ Lawyers Hunger for Food-Labeling Lawsuits

The food industry has become a fertile ground for class action lawsuits over the last few years and shows no signs of slowing down. New cases are decided daily. There are several factors that drive this trend and that are...more

Three More FSMA Rules Finalized As the Year Comes to a Close

Although not quite meeting the deadline of October 31 established in a legal settlement last year, FDA has released a set of three more “foundational” Final Rules mandated by the Food Safety Modernization Act (FSMA or the...more

FDA to Host First Public Meeting on Biotech Regulation Overhaul

On October 15, 2015, the Food and Drug Administration (FDA) posted notice of a public meeting to be held on Friday October 30th, in order to clarify the current roles and responsibilities described in the Coordinated...more

Long-awaited overhaul of FDA food safety rules arrives – Part II: A roadmap for food manufacturers on FDA’s changes to cGMPs

The new FDA Rule revamping cGMPs and implementing new rules referred to as HARPC will impact the food industry greatly. In this second in a three-part series, we will discuss the FDA’s changes to cGMPs, noting the changes...more

Long-awaited overhaul of FDA food safety rules arrives – Part III: Hazard Analysis and Risk-Based Preventive Controls

In the first two articles in this series, Life Sciences Decoded explored the FDA’s new Rule revamping the food Good Manufacturing Practices (cGMPs) and creating the new Hazard Analysis and Risk-Based Preventive Controls...more

Food and Beverage Alert (US) - October 2015

FSMA will have major impact on dietary ingredient suppliers, expert says. The biggest change in food regulation in the US in the past 75 years will have a major effect on the suppliers of dietary ingredients, a food-quality...more

Food Safety Does Not Exist In A Vacuum, and Neither Do the FSMA’s Rules: What the New Rules on Preventive Controls for Human and...

On September 17, 2015 the FDA published the first two of its seven rules in conjunction with the Food Safety Modernization Act’s (the “FSMA”) regulatory scheme. The rules, which focus on Current Good Manufacturing Practices...more

Long-awaited overhaul of FDA food safety rules arrives – Part I: Introducing HARPC, changes to cGMP

Since the passage of the Food Safety Modernization Act in 2011, the FDA has promulgated proposed rules that overhaul the old Good Manufacturing Practice (cGMP) rule and create new Hazard Analysis and Risk-Based Preventative...more

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

Finally Coming to Fruition: FDA’s Rule on the Sanitary Transportation of Food

Twenty-five years after Congress first tried to ensure that garbage trucks aren’t also used to haul fresh produce, a federal regulation establishing sanitation standards for the transportation of human and animal food by...more

FSMA Rules for Preventive Controls for Human and Animal Food Manufacturing Finalized

On September 10, 2015, FDA issued a prepublication notice of its long-anticipated preventive control rules for human and animal food under the Food Safety Modernization Act (FSMA). The Current Good Manufacturing Practice,...more

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