News & Analysis as of

Labeling

Sheppard Mullin Richter & Hampton LLP

Ubrelvy Untitled Letter – A Double Fault for AbbVie? Or Makeup Misread for FDA?

On August 29, 2024, the U.S. Food and Drug Administration (FDA) Office of Prescription Drug Promotion (OPDP) issued an untitled letter to AbbVie, Inc. (AbbVie) regarding a promotional, direct-to-consumer (DTC) television...more

Lowenstein Sandler LLP

NJ Department of Environmental Protection Ramps Up Enforcement Activity Under the Toxic Packaging Reduction Act Ahead of Proposed...

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Recent anecdotal evidence suggests that the New Jersey Department of Environmental Protection (NJDEP) is restarting enforcement activities under a seldom-used consumer packaging law originally adopted in 1990: the Toxic...more

Foley & Lardner LLP

What Every Multinational Company Should Know About ...“Made in USA” Labeling Requirements

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Many Americans value domestically made goods. A “Made in USA” label can hold special meaning for these consumers, as it serves as a symbol of patriotism, a sign of quality craftsmanship, and a show of solidarity with local...more

Shipman & Goodwin LLP

The Connecticut Department of Consumer Protection Updates Policies and Procedures for Adult-Use Cannabis

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Effective September 15, 2024, the Connecticut Department of Consumer Protection (DCP) has announced a series of updates to its cannabis policies and procedures. These changes, spanning everything from lab testing to licensing...more

Proskauer Rose LLP

Regulation Round Up - August 2024 - 2

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Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more

Foley & Lardner LLP

Redefining Workplace Safety: OSHA’s Updated Hazard Communication Rule Explained

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In May 2024, the Occupational Safety and Health Administration (OSHA) issued a final rule to amend the Hazard Communication Standard (HCS), aligning it more closely with the seventh revision of the United Nations’ Globally...more

McDermott Will & Emery

Seasonal Considerations for Packaging and Selling Alcoholic Beverages

The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important...more

Cooley LLP

Productwise Battery Shorts, Part 1: Are My Products Affected and When Do I Need to Comply?

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The European Union Batteries Regulation 2023/1542 started applying in August 2024 and represents a major change for anyone who manufactures, imports, or sells stand-alone batteries, or products containing batteries....more

Wiley Rein LLP

Wireless Roundup (September 2024)

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FCC Seeks Comment on Promoting the Integrity and Security of Telecommunications Certification Bodies, Measurement Facilities, and the Equipment Authorization Program: In this Notice of Proposed Rulemaking (NPRM), the Federal...more

Nutter McClennen & Fish LLP

Beverage Breakdown (August 2024)

Welcome to Nutter's Beverage Breakdown, a periodic legal update on noteworthy developments related to the alcohol beverage industry, including industry news, federal and state updates, and more. ...more

Searcy Denney Scarola Barnhart & Shipley

Exploring Treatment Options for Exactech Shoulder Issues: Surgery vs. Non-Surgical Approaches

The U.S. Food and Drug Administration (FDA) has issued a Safety Communication advising healthcare providers to stop implanting Equinoxe Shoulder System joint replacement devices manufactured by Exactech. The Safety...more

BakerHostetler

New State Laws Limiting the Use of PFAS in Consumer Products Continue to Proliferate

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Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS...more

Hogan Lovells

FDA Announces Significant Changes for Pre-Market Animal Feed Ingredient Reviews

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In an August 8 press release, the US Food and Drug Administration (FDA) Center for Veterinary Medicine (CVM) announced that it does not intend to renew its longstanding memorandum of understanding (MOU) with the Association...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | July 2024

LEGISLATION, REGULATIONS & STANDARDS - Vermont Governor Signs Law Banning PFAS from Cosmetics - Vermont Gov. Phil Scott has signed into law a bill banning several chemicals including per- and polyfluoroalkyl...more

Holland & Knight LLP

Construction Industry Update: EPA's New Label Program for Construction Material

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The U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention released the Implementation Approach for the U.S. EPA Label Program for Low Embodied Carbon Construction Materials on Aug. 7,...more

Cozen O'Connor

AGs Urge EPA to Adopt Rule Preempting State Labeling Requirements

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Eleven Republican AGs filed a petition for rulemaking to the EPA demanding that it amend its regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) regarding additional labeling or packaging...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Issues Long-Awaited Montera Decision Applying New York General Business Law §§ 349 and 350, Confirming “Per...

In the world of class action lawsuits, damages calculations and whether or not prejudgment interest accrues can become high-stakes battlegrounds. These issues are highlighted in the recent Ninth Circuit decision in Montera v....more

Perkins Coie

Notable Ruling Roundup - August 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Montiquento Corbett, et al. v. Pharmacare U.S., Inc., No. 3:21-cv-00137-JES-AHG (E.D. Cal. –...more

Sheppard Mullin Richter & Hampton LLP

FDA’s Second Untitled Letter of the Year – An Apparently Tough Choice Between Raising Awareness and Public Safety for Anaphylaxis...

On July 17, 2024—but just recently posted to the Office of Prescription Drug Promotion (OPDP) of the U.S. Food and Drug Administration (FDA) website—FDA issued its second untitled letter (letter) of the year to Kaleo, Inc....more

Proskauer - Advertising Law

Amid Rise in Forever Chemicals Cases, Courts Dismiss PFAS Claims Which Rely on Inadequate Product Testing

As chemicals of concern litigation continues to surge across the nation, companies increasingly find their products under scrutiny for alleged contamination of these “forever chemicals.” These “forever chemicals” have become...more

Sheppard Mullin Richter & Hampton LLP

What Must the Consumer Read on Product Packaging? The Answer is Anything but Black-and-White Following the Ninth Circuit’s...

The Ninth Circuit’s recent Whiteside decision complicates the question of when information on the back of a product’s packaging can be used to clarify information on the front of the packaging. As a result, the bar for using...more

Venable LLP

FTC Issues Guides for Made in USA Claims

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In early July the Staff of the Federal Trade Commission (FTC) issued new guidance on how to approach Made in USA claims. The agency says the new guidance will help businesses comply with its “all or virtually all” standard,...more

Health Care Compliance Association (HCCA)

OCR: Rule Halts Disclosures Under ‘Presumption of Lawfulness,’ Shares Model Attestation Form

Attestations are at the heart of permissible disclosures under the HHS Office for Civil Rights’ (OCR) new reproductive health privacy rule—and OCR wants covered entities (CEs) and business associates (BA) to use them now. The...more

King & Spalding

FDA Issues Updated Draft Guidance on Addressing Misinformation About Medical Devices and Prescription Drugs

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On July 8, 2024, the U.S. Food and Drug Administration (“FDA”) issued a new draft guidance for industry titled, Addressing Misinformation About Medical Devices and Prescription Drugs – Questions and Answers (hereafter,...more

Perkins Coie

Notable Ruling Roundup - July 2024 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Candice Bradby v. Bimbo Bakeries USA, Inc., No. 1:23-cv-00522-LKG (D. Md. – April 12, 2024): The...more

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