News & Analysis as of

Food Labeling Regulatory Oversight

Alston & Bird

New Law Provides Food & Beverage Industry Protection Against Lawsuits Challenging “Healthy” Claims During Ongoing FDA Rulemaking

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Our Food & Beverage Team reports good news for the industry: product labels can follow either the Food and Drug Administration’s current version or any new version of a rule defining “healthy.”...more

Alston & Bird

Food & Beverage Digest – January 2024: A Safe, Non-Addictive, and Healthy Alternative

Alston & Bird on

In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer wants her 2 ounces, a Slack-Fill Slayer has...more

K&L Gates LLP

An Overview of the US Food and Drug Administration's Legislative Goals (Part I)

K&L Gates LLP on

In anticipation of the US Food and Drug Administration (FDA) budget request for Fiscal Year (FY) 2025, this alert provides an overview of the agency’s most recent priorities as outlined in FDA’s FY 2024 budget, found here....more

Hogan Lovells

Reagan-Udall Foundation issues report with recommendations for strengthening FDA’s Human Foods Program

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On December 6, 2022, the Reagan-Udall Foundation for the FDA (“RUF”) issued a highly anticipated report on FDA’s Human Foods Program (the Program) capturing the findings and recommendations of a months-long independent review...more

BCLP

Year in Review: 2021 Food, Beverage & Supplement Litigation Round-Up

BCLP on

Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more

Hogan Lovells

FDA’s FY 2023 Budget Includes Several Proposals Significant to Food and Supplement Manufacturers

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The U.S. Food and Drug Administration (FDA) recently released its Congressional Justification for the fiscal year (FY) 2023 budget. The agency is requesting $1.2 billion for its Foods Program to be allocated to initiatives...more

Perkins Coie

Regenerative Agriculture: Sustainability in Farming

Perkins Coie on

Farmers play an important role in all of our lives. They grow the food that the rest of us need to survive. The practices of farming have evolved over time and some argue that adopting a change to modern farming techniques...more

Hogan Lovells

FSIS issues Proposed Rule to expand generic labeling approval

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The United States Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS or the agency) has issued a Proposed Rule to expand the circumstances in which FSIS will generically approve the labels of meat,...more

Morgan Lewis

FSIS Advises on Animal-Raising Label Claims but Issues Still Exist

Morgan Lewis on

The USDA’s Food Safety and Inspection Service (FSIS) updated two labeling guidelines involving animal raising claims in December. Labeling Guideline on Documentation Needed to Substantiate Animal Raising Claims...more

King & Spalding

Brexit – Impact for Food and Beverage Industry in the EU

King & Spalding on

The United Kingdom (UK) left the European Union (EU) on 31 January 2020. While the EU and the UK lastly agreed on a withdrawal agreement and thus can avoid an unregulated Brexit, specific rules for trading UK goods on the EU...more

Hogan Lovells

FSIS Issues Updated Labeling Guideline on Statements That Bioengineered or Genetically Modified Ingredient or Animal Feed Were Not...

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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

Hogan Lovells

FSIS Issues Revised Compliance Guidelines for Animal Raising Claims

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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

Jones Day

The Complex Labeling Landscape for Plant-Based Meat Alternatives

Jones Day on

With the rise of plant-based alternatives to conventional meat products, the industry has come under scrutiny from government regulators, both in the United States and abroad. In 2019 alone, nearly 30 states considered...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letters, Consumer Update On CBD, Sparking Litigation Against CBD Cos. - The U.S. Food and Drug Administration (FDA) has issued a consumer update on cannabidiol...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Receives Hundreds Of Comments On Hemp Interim Rule - Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more

Hogan Lovells

FDA Issues Final Rule on Front-of-Pack Calorie Disclosures Used for Vending Machine Labeling Compliance

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The Food and Drug Administration (FDA) issued a final rule to revise the type size requirements for front-of-pack (FOP) calorie declarations that are used to comply with the vending machine calorie labeling requirements. The...more

Hogan Lovells

FDA Announces Public Meeting on Modernizing Food Standards of Identity

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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

Perkins Coie

Industry Insights: FDA Sends First Warning Letter Under Recent Rule Regarding Imported Food

Perkins Coie on

The Food Safety Modernization Act (“FSMA”) ushered in a sea change in the government’s regulation of food safety. Pursuant to FSMA, the FDA has promulgated a series of rules, including a 2015 rule related to the Foreign...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letter to CBD Co. for Unsubstantiated Claims - The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for “illegally selling...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - AGs Submit Comment to FDA on Cannabis - A group of 38 state attorneys general have submitted a letter to the U.S. Food and Drug Administration (FDA) in response to the agency’s...more

Hogan Lovells

FSIS Issues Compliance Guideline on Kit Labeling

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Recently, FSIS issued its long-awaited guidance on the labeling and packaging of “kit” products. Although FSIS has long informally applied its “kit policy,” this FSIS Compliance Guideline marks the first public guidance that...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019

The Cannabis Conundrum: The Evolving Landscape & Risk Mitigation for Hemp & CBD - The cannabis industry, including marijuana, hemp and cannabidiol (CBD), is complex and rapidly evolving. Shook Partners Mike Barnett,...more

Wilson Sonsini Goodrich & Rosati

FDA Target of Executive Order on Agricultural Biotechnology

In response to concerns expressed by livestock groups and some in the biotechnology industry over the Food and Drug Administration's (FDA's) approval process for gene editing in animals, the Trump administration issued an...more

Hogan Lovells

FDA Encourages “Best If Used By” Labeling to Describe Quality Dates

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On May 23, the Food and Drug Administration (FDA) issued a letter to the food industry “strongly support[ing]” the use of “Best If Used By” labeling to describe the date when a food will be at its best flavor and quality. FDA...more

Hogan Lovells

The Use of an Alternate Name for Potassium Chloride in Food Labeling: Guidance for Industry

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Last week the Food and Drug Administration (FDA) issued draft guidance announcing that the agency intends to exercise enforcement discretion to allow the use of “potassium chloride salt” as an alternative common or usual name...more

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