News & Analysis as of

Food and Drug Administration (FDA) GRAS

Husch Blackwell LLP

FDA Allows Longstanding MOU with AAFCO To Expire

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On August 2, 2024, the Association of American Feed Control Officials (“AAFCO”) announced that its Memorandum of Understanding 225-07-7001 (the “MOU”) with the U.S. Food and Drug Administration (“FDA”) outlining the AAFCO...more

Rivkin Radler LLP

The Case of ‘Gas Station Heroin’

Rivkin Radler LLP on

Is It Necessary for Congress to Amend the FD&C Act for FDA to Have the Authority to Prohibit Tianeptine’s Sale? If the answer to this question is “no,” why are bills being introduced into Congress to give the U.S. Food and...more

Foley & Lardner LLP

My Healthy Food Product is Ready to Go to Market – What About its Packaging?

Foley & Lardner LLP on

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

McDermott Will & Emery

Don’t Assume Nonalcoholic Beverage Ingredients Are OK for Alcoholic Beverages

As we enter 2024, more and more brands are joining the nonalcoholic beverage space. An increasing variety of nonalcoholic, single-serve, ready-to-drink beverages are marketing the innovative use of indigenous botanicals,...more

Foley & Lardner LLP

Bringing a New Healthy Food Ingredient to Market: Understanding the Regulatory Pathways

Foley & Lardner LLP on

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

Husch Blackwell LLP

The Future of Functional Foods

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Following the social isolation and public health concerns associated with the COVID-19 pandemic, many Americans reevaluated their health and wellness priorities, creating new opportunities for food systems companies to...more

Sheppard Mullin Richter & Hampton LLP

FDA Moves to End Use of Brominated Vegetable Oil in Food

Within a month of California becoming the first state in the nation to ban manufacturing with, selling, or distributing food items that contain brominated vegetable oil (BVO), FDA has proposed to revoke the regulation...more

Perkins Coie

FDA Releases Public Inventory of Unapproved Food Additives

Perkins Coie on

The U.S. Food and Drug Administration (FDA) released a public inventory on July 12, 2023, of certain food ingredients that the agency has determined are unsafe because they are unapproved food additives that are not Generally...more

American Conference Institute (ACI)

[Event] 7th Advanced Summit on Food Law – Regulation, Compliance and Litigation - April 18th - 19th, Chicago, IL

American Conference Institute is hosting the 7th Annual Advanced Summit on Food Law – Regulation, Compliance, and Litigation from April 18-19, 2023, in Chicago! Prepare for the future by examining current controversies,...more

Hogan Lovells

Homeopathic drug product makers warned to follow FDA premarket and GMP rules

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Last month, the U.S. Food and Drug Administration (FDA) issued the final guidance “Homeopathic Drug Products,” which describes the agency’s approach toward prioritizing regulatory actions against homeopathic products that it...more

Vicente LLP

High-THC Hemp Edibles Are Dangerous and Potentially Deadly: A Cautionary Tale in Minnesota

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On December 5, 2022, the Minnesota Board of Pharmacy filed a lawsuit against three affiliated Minnesota hemp companies seeking condemnation and destruction of several million dollars worth of gummy edibles. Ironically named...more

Hogan Lovells

FDA issues notable new round of warning letters involving foods with added CBD

Hogan Lovells on

On November 16, 2022, the United States Food and Drug Administration (FDA) issued Warning Letters to five companies that market food and beverage products containing cannabidiol (CBD). FDA takes the position that the...more

Wiley Rein LLP

[Podcast] Cellular Agriculture and the Evolving Legal/Regulatory Landscape: A Conversation with Ahmed Khan

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On this episode of “Food for Thought and Thoughts on Food,” Ann Begley and Amaru Sanchez join to discuss regulatory and commercialization challenges facing novel foods today. The pair interview Ahmed Khan, Founder and Editor...more

Vicente LLP

FDA Enforcement Action Targeted at Hemp-Derived Delta-8 Products

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On May 4, 2022, the FDA issued five warning letters to companies for selling products containing hemp-derived Delta-8 THC. Notably, this is the first time the FDA has issued warning letters specifically for Delta-8 products....more

King & Spalding

The Issue of Phthalates in Food Packaging and Processing Heats Up

King & Spalding on

In recent decades, the use of plastics has proliferated. Overall, they have shown to provide a cost-friendly, durable and versatile solution to many consumer needs across virtually all categories of products regulated by the...more

Vicente LLP

Financing Adaptogenic Mushroom Companies: Seven Basic Regulatory Points to Understand

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Aside from a small number of companies the FDA has permitted to pursue the development of psilocybin therapies (e.g., Compass), the majority of psychedelic mushroom sales in the U.S. currently violate both state and federal...more

Hogan Lovells

Federal Court Sides with FDA and Upholds GRAS Rule

Hogan Lovells on

The U.S. District Court for the Southern District of New York granted the U.S. Food and Drug Administration’s (FDA or the Agency) motion for summary judgment on September 30, 2021, against claims brought by a group of...more

King & Spalding

Selling CBD-Infused Products Might Be Riskier Than You Think

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The global cannabidiol (CBD) market size is expected to reach USD 13.4 billion by 2028. And yet a large part of that market—CBD-infused food, beverages, and dietary supplements—consists of unlawful sales. This article...more

Morgan Lewis - As Prescribed

FDA Issues MAPP for Reviewing Color Additives and Flavors in Oral Drug Products

FDA’s Office of Pharmaceutical Quality (OPQ) issued a new Manual of Policies and Procedures (MAPP) in June explaining the agency’s internal procedures for evaluating color additives and flavors in an oral drug product...more

Hogan Lovells

FDA releases priority list of food guidance documents FDA intends to publish by June 2022

Hogan Lovells on

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

Morgan Lewis - Well Done

Chocolate Cicadas and Mealworm Mints: Will FDA Spit Out Guidance for Edible Insects?

The month of May was buzzing with good news for the edible insect industry, but this emerging food trend still faces regulatory uncertainty in the United States....more

Fox Rothschild LLP

The Regulation Of Hemp, Hemp Derivatives And CBD In Animal Products

Fox Rothschild LLP on

If you are trying to navigate the space where hemp products intersects with animal products, it can be unclear as to which authority to turn to for guidance. In the United States, FDA, FTC, DEA and USDA share governance over...more

Womble Bond Dickinson

Legal Challenge to the FDA’s Approval of “Blood” in Plant-Based Meat

Womble Bond Dickinson on

By now, most of us have seen plant-based “meat” in supermarkets and restaurants. For one of those plant-based meat substitutes, ImpossibleTM Burger, a lawsuit is underway challenging the FDA’s approval of the compound used to...more

Womble Bond Dickinson

Using Viruses to Prevent Foodborne Illness

Womble Bond Dickinson on

Food poisoning is an experience that no one is likely to ever forget. Some of the common bacteria that cause foodborne illness include Listeria monocytogenes (L. monocytogenes), Salmonella (S. enterica), and Escherichia coli...more

Alston & Bird

Generally Recognized as Safe: Establishing a Suitable U.S. Regulatory Status for Food Ingredients

Alston & Bird on

What are the benefits and drawbacks of coming to an independent generally recognized as safe (GRAS) conclusion for a novel food ingredient compared to filing a GRAS notification with the FDA? Our Food & Beverage and FDA teams...more

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