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Food and Drug Administration (FDA) Retailers

Cozen O'Connor

Nebraska AG Settles Delta-8 Lawsuits Against Four Retailers

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Nebraska AG Mike Hilgers has announced four additional settlements in a series of lawsuits filed against retailers for allegedly selling mislabeled and harmful products containing synthetic THC in violation of Nebraska’s...more

Clark Hill PLC

The Learned Concierge - July 2024, Vol. 10

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Troutman Pepper

FDA Unauthorized ENDS Enforcement: 2024 Mid-Year Roundup

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In the first half of 2024, the U.S. Food and Drug Administration (FDA) has continued to ramp up efforts to limit sales of unauthorized electronic nicotine delivery systems (ENDS). We previously reported on FDA’s heightened...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - May 2024

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Second Circuit Affirms “Pay for Delay” Dismissal:  On May 13, 2024, the Second Circuit affirmed dismissal of antitrust claims brought by wholesalers, retailers, and employee benefit funds that alleged they overpaid for the...more

American Conference Institute (ACI)

[Event] 12th Annual Forum on Dietary Supplements - June 25th - 26th, New York, NY

ACI and CRN are excited to welcome you back to New York City this Spring for our 12th Legal, Regulatory & Compliance Forum on Dietary Supplements. Network and collaborate with over 150 industry stakeholders to explore how...more

Foley & Lardner LLP

What Food & Beverage Companies Need to Know About the U.S. Consumer Product Safety Commission

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Food and beverage companies may be surprised to learn that the U.S. Food and Drug Administration (“FDA”) is not the exclusive regulatory authority over the safety of foods and beverages. Indeed, other governmental authorities...more

Saul Ewing LLP

Delaware Regulators Issue First Set of Draft Adult-Use Marijuana Regulations

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On February 14, 2024, the Delaware Office of Marijuana Control (OMC) released draft regulations for the state’s adult-use cannabis market. Public comment is due on or before March 29, 2024. These regulations include the rules...more

Foley & Lardner LLP

Two-Dimensional Barcodes: How 2D Could Change Retail

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When introduced nearly fifty years ago, the Universal Product Code (UPC)—the most visually recognizable of One-Dimensional (1D) barcodes—was a major innovation. 1D barcodes increased checkout speeds, improved accuracy of...more

Cozen O'Connor

Nebraska AG Takes Blunt Approach to Nipping Deceptive THC Marketing in the Bud

Cozen O'Connor on

Nebraska AG Mike Hilgers filed a series of coordinated lawsuits against a number of retailers selling edible THC-containing products in the state alleging that the retailers have violated Nebraska’s consumer protection...more

Troutman Pepper

FDA Ramps Up Enforcement Against Flavored Disposable E-Cigarettes as External Pressures Mount

Troutman Pepper on

In September, the U.S. Food and Drug Administration (FDA) issued two new rounds of warning letters to online retailers, manufacturers, and distributors for reportedly selling or distributing unauthorized e-cigarette products....more

Perkins Coie

FDA Publishes Draft Guidance For Submitting Cosmetic Product Facility Registrations and Product Listings Under MoCRA

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The U.S. Food and Drug Administration (FDA) issued draft guidance on August 7, 2023, clarifying new requirements for cosmetic facility registrations and product listings under the Modernization of Cosmetics Regulation Act of...more

Woodruff Sawyer

Leverage an Effective Customer Complaint Program to Reduce Risk

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Each year, defective, faulty, or misused food products cause severe injuries to customers. In some cases, these mishaps also result in product recalls, negative publicity, and a loss of customer goodwill....more

Clark Hill PLC

Retailers Looking To Sell Hearing Aids Over the Counter Must Meet the Applicable FDA Medical Device Rules

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On Oct. 17, the U.S. Food and Drug Administration’s (FDA) final rule on over-the-counter (OTC) hearing aids took effect which now allows any person, 18 years of age or older, to buy or lease a hearing aid for mild to moderate...more

Dechert LLP

Not Prescription, Not Merely Over the Counter: FDA Proposes a Novel Category of Drugs

Dechert LLP on

In June of this year, FDA announced a proposed rule that would permit approval for nonprescription drug products with an Additional Condition for Nonprescription Use—a category of nonprescription drugs where FDA determines...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2022

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The fashion industry has certainly seen its fair share of change over the last year given consumer trends, geopolitical & public health issues, innovation in technology and legal developments and we don’t anticipate that...more

Bradley Arant Boult Cummings LLP

PepsiCo Announces Launch of Rockstar Unplugged — A “New Kind of Energy” and a New Alternative to CBD Beverages

In a recent article, we noted that beverage industry giants have announced future plans to explore the CBD beverage market — a market that has an expected valuation of $1.4 billion by 2023....more

Rivkin Radler LLP

Update on NYS Cannabinoid Licensing, Manufacturing and Labeling

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The New York State Office of Cannabis Management (OCM) has announced regulations concerning the manufacturing and labeling of cannabinoid hemp products, and the availability of an online portal to facilitate required state...more

Epstein Becker & Green

Podcast: Federal and State Cannabis Rules Are Moving in Different Directions - Diagnosing Health Care

Federal and state cannabis regulation and enforcement appear to be moving in different directions. While the Food and Drug Administration ("FDA") has broadened its net to target businesses making claims that their products...more

Vicente LLP

Massachusetts Cannabis Retailers Can Now Sell Hemp Products: What Retailers Need To Know

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The Massachusetts Cannabis Control Commission recently voted to issue Guidance for the Retail Sale of Hemp to clarify requirements and restrictions on the retail sale of certain types of hemp products by licensed adult-use...more

King & Spalding

Seventh Circuit Revives Deceptive Labeling Claims Against Parmesan Cheese Manufacturers and Retailers

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On December 7, 2020, the Seventh Circuit joined three other circuits—the First, Second, and Ninth—in holding that an accurate fine-print list of ingredients does not foreclose, as a matter of law, a claim that an ambiguous...more

Husch Blackwell LLP

FDA Reiterates Importance Of Allergen Labeling By Issuing Warning Letter Following Repeated Recalls

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On December 16, 2020, the U.S. Food and Drug Administration (“FDA”) issued a corporate Warning Letter to Whole Foods Market (“Whole Foods”) following 32 recalls Whole Foods conducted over an approximate one year period for...more

Faegre Drinker Biddle & Reath LLP

Preemption of Structure/Function Claims

Seen frequently on grocery items, and especially on dietary supplements, structure/function claims describe the role of a nutrient or ingredient in the structure or function of the human body. Examples include “Calcium builds...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – August 2020 # 17

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In Washington - The Republican National Convention kicked off Monday night and centered around President Donald Trump’s response to the coronavirus pandemic. ...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – July 2020 #10

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In Washington: The White House denies that it is trying to undermine the nation’s top disease expert, Dr. Anthony Fauci. Today the President’s trade advisor, Peter Navarro blasted Dr. Fauci’s handling of the coronavirus in...more

Pillsbury Winthrop Shaw Pittman LLP

The Evolving Argument Surrounding Federal Preemption of Proposition 65

Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more

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