News & Analysis as of

Food Safety

Food and Beverage Alert: FDA Withdraws Food Coloring Draft Guidance

by Sherman & Howard L.L.C. on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) reminded industry members last week that they must comply with TTB and Food and Drug Administration (FDA) requirements concerning food additives. In particular, the TTB...more

FDA Creates Uncertainty by Delaying Nutrition Facts Label Compliance

by Pepper Hamilton LLP on

On June 13, the Food and Drug Administration announced it would indefinitely extend the compliance deadline for the Nutrition Facts Label final rules, creating uncertainty for food and beverage manufacturers....more

Tomato Tweaking: Genetically Engineered Crops May Be Safe for Consumption, Environment

by Lewitt Hackman on

Most of us remember the Jack and the Beanstalk story. In this 18th century fairy tale, a young, poor, every-day Jack trades an old cow for magic beans which makes his mother very angry. But in the end, Jack manages to bring...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 5

by Jones Day on

On June 13, 2017, FDA delayed the compliance date for the Nutrition Facts and Supplement Facts Label and Serving Size final rules, providing additional time for implementation. The rules were finalized in May 2016 and...more

Jelly Beans Contain Sugar - The Continuing Saga of Evaporated Cane Juice Litigation

by Pepper Hamilton LLP on

In February, plaintiffs filed a class-action lawsuit in California against candy maker Jelly Belly on behalf of consumers who purchased jelly beans marketed as “Sport Beans.” They claimed that Jelly Belly used the phrase...more

FSMA: What Every Food Industry Executive Should Do & Why

by Strasburger & Price, LLP on

With six of the seven rules implemented under the 2011 Food Safety Modernization Act (FSMA) currently being enforced, what should you know and do? Here are some considerations for facilities that manufacture, pack, process,...more

FDA: Still in Action on Food Safety Violations

by Kelley Drye & Warren LLP on

Vigorous food safety enforcement for basic violations continues under the leadership of new FDA Commissioner, Dr. Scott Gottlieb. On June 20, on the heels of an adverse FDA inspection, FDA announced that the U.S. Marshals...more

Food & Beverage Litigation Update | June 2017 #3

FDA Delays Compliance Date for Nutrition Facts Labeling - The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged...more

FSVP compliance dates arrive, challenges to food industry increase

by Thompson Coburn LLP on

On May 30, 2017, the FDA’s Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals went into effect, placing new compliance requirements on food importers. As readers will recall, in 2011,...more

FDA Deadline Extension: Agricultural Water Standards Compliance

by Strasburger & Price, LLP on

Demonstrating that submitting comments to the FDA can pay dividends, the FDA announced on June 6, 2017 that it will extend the compliance dates for agricultural water standards contained within the Produce Safety Rule. The...more

Food & Beverage Litigation Update | June 2017

Brazilian Meatpacker to Pay $3.2 Billion to Settle Bribery Charges - The holding company of Brazilian meatpacker JBS SA has reportedly agreed to pay a $3.2billion fine for the company’s involvement in a graft and bribery...more

Lawsuit Challenges GRAS Rule on Food Substance Safety

by Morgan Lewis on

Public interest groups challenge FDA’s “Generally Recognized as Safe” Rule as failing to ensure food ingredients are safe for consumers....more

Retailers and Other Food Importers Must Ensure Food They Import Meets U.S. Safety Standards

by Bryan Cave on

Requirements take effect today under the FDA’s new Food Safety Verification Program (FSVP), which makes retailers and other businesses that import food into the United States responsible for verifying that the food has been...more

Let Food Be Thy Medicine, But Mind Your Words

by Davis Wright Tremaine LLP on

A tweet last week from Project Nosh set my food-labeling-lawyer-head buzzing: “Consumers are looking for snacks that aren’t just empty calories. Brands are providing everything from protein to anti-nausea properties.” An...more

United States and Australia: Comparable Food Safety Systems

by Jones Day on

On April 19, 2017, FDA announced that both the United States and Australia have recognized each other's food safety systems as comparable to each other. This is the third time that the FDA has given this recognition to a...more

CJEU upholds principle of free movement of goods for food supplements

by Hogan Lovells on

The Court of Justice of the European Union (“CJEU“) has issued a ruling on the interpretation of Directive 2002/46/EC on food supplements, finding that a French law prohibiting the sale of food supplements from other EU...more

European Food Safety Authority Launches Public Consultation on the Risk Assessment of GMO at Low Level

by Jones Day on

The European Food Safety Authority ("EFSA") has launched a public consultation on a draft guidance document on the risk assessment of genetically modified organisms ("GMOs") present at low levels in food and feed material....more

EU Tightens Food Fraud Prevention Rules

by K&L Gates LLP on

The EU Institutions have recently agreed on a new general framework for official controls performed by the food safety authorities of the Member States, to verify compliance with feed and food law (the “Official Controls...more

The European Commission Amends Plastic Food Contact Materials Legislation

by Jones Day on

On April 28, 2017, the European Commission issued Regulation 2017/752, amending Regulation 10/2011 on plastic materials and articles intended to come into contact with food...more

Food, Dietary Supplement & Cosmetics Regulatory Update Vol. IV | Issue 4

by Jones Day on

On May 9, 2017, the Senate confirmed Dr. Scott Gottlieb as the next FDA commissioner. With a 57-42 vote, the Senate filled the commissioner position most recently held by Dr. Robert Califf, who resigned in January 2017 and...more

FDA Issues Further Guidance Related to FSVP

by Jones Day on

On May 11, 2017, FDA announced a new updated fact sheet and a guidance related to the use of a Unique Facility Identifier that is acceptable under the Foreign Supplier Verification Program ("FSVP") regulation. The three-page...more

Trailblazer Foods’ President Rob Miller discusses business acumen, industry growth in Pacific Northwest: Schwabe, Williamson &...

With all the branded products available in today’s grocery stores, what does it take for a private label manufacturing company to make it?...more

Food and Beverage News and Trends - May 2017

by DLA Piper on

How FDA and USDA fare in the federal budget agreement. Rejecting cuts that had been proposed by the Trump Administration, the Congressional federal budget agreement increases funding for USDA and FDA programs supporting such...more

Mislabeled Food Products Risk Allergic Reaction

by Wilson Elser on

About 80 percent of all food products are regulated by the Food and Drug Administration (FDA). The U.S. Department of Agriculture (USDA) regulates meat, poultry and egg products. Both agencies have regulations governing food...more

FDA Commissioner Nominee Gottlieb Written Responses Signal Support for Food Safety and Science-Based Approach to Consumer...

by Kelley Drye & Warren LLP on

Dr. Scott Gottlieb, recently submitted written responses to questions posed by members of the Senate Health, Education, Labor and Pensions Committee as a follow up to his hearing on April 5. As a follow up to our April 13...more

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