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Flurry of Activity from FDA in the First Four Months of 2025

It is an understatement to say the last four months have been a whirlwind. Cabinet confirmations, executive orders, policy changes, and more, including some developments that impact (or that will impact) the food industry...more

New Administration Outlook: Four Food Industry Insights, From RFK to FDA and SNAP to Tariffs

With the confirmation of Robert F. Kennedy Jr. as secretary of Health and Human Services, as well as Brooke Rollins as secretary of the Department of Agriculture, key leadership impacting the nation's food supply is changing...more

FDA's Definition of "Healthy" … Updated Just in Time for New Year's Resolutions

After years of talk, the U.S. Food and Drug Administration in mid-December 2024 at last finalized an updated definition of the implied nutrient content claim "healthy." The original definition of "healthy" dates back to the...more

Where Does Your Food Come From? The FDA Really Wants to Know

In November 2022, the U.S. Food and Drug Administration ("FDA") finalized a rule imposing additional recordkeeping requirements for certain foods to "help the Agency rapidly and effectively identify recipients of foods to...more

FDA Issues Small Entity Compliance Guidance for Yogurt Standard of Identity

SOI sets new requirements for labels and ingredients, including for minimum dairy amount and bacterial cultures; compliance deadline is January 1, 2024 The U.S. Food and Drug Administration (FDA) announced the availability...more

Real MEAT Act Reintroduced in Congress

Sen. Deb Fischer (R-Neb.), a cattle rancher and member of the Senate Agriculture Committee, thinks alternative protein products deceive Americans by imitating real meat. To address this issue, she has reintroduced the Real...more

FDA Releases Draft Guidance for Cosmetic Facility Registration and Product Listing

Over half a year after Congress passed a law modernizing the regulation of cosmetics in the U.S. (the Modernization of Cosmetics Regulation Act or "MoCRA"), the U.S. Food and Drug Administration ("FDA") has released draft...more

Animal-Raising Claims: More Stringent USDA Oversight Is Likely

The USDA Food Safety and Inspection Service (FSIS) recently announced a multi-step effort to strengthen oversight of animal-raising claims. Animal-raising claims are voluntary marketing claims about meat and poultry...more

Salty No More: FDA's Potential to Shake Up Hundreds of Standards of Identity

The U.S. Food and Drug Administration (FDA) says Americans consume too much sodium from processed foods. The FDA has issued a proposed rule to amend certain of its standards of identity (SOIs) to allow the use of salt...more

Making Sense of FDA's Draft Guidance on Plant-Based Milk Alternatives

In February, the U.S. Food and Drug Administration (FDA) issued draft guidance describing its "current view" of how companies should name plant-based foods marketed and sold as alternatives to milk. In this hotly contested...more

A Makeover for the Cosmetic Industry: Legal Style

On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023 (H.R. 2617), which by its name does not appear to have anything to do with cosmetics. However, buried in the approximately 1,650...more

New FDA COVID-19 Food Safety Guidelines

On March 23, 2020, the Food and Drug Administration (FDA) released new guidance for the food and beverage industry in light of COVID-19. ...more

FDA Announces Temporary Changes to Onsite Audit Obligations Under FSMA for Receiving Facilities and FSVP Importers

On March 17, 2020, in light of the ongoing global public health emergency and associated travel restrictions, the FDA announced a temporary policy adjustment for food facilities with certain supplier verification obligations...more

Takeaways from FDA’s Public Hearing on Cannabis and Cannabis-Derived Compounds

The U.S. Food and Drug Administration’s (“FDA”) May 31 public hearing on cannabis and cannabis-derived compounds (including hemp-derived CBD) reflected and confirmed the confusion many in the space have been experiencing and...more

TTB Aligns with FDA on Use of Hemp-Derived CBD

The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) recently issued updated guidance on the addition of hemp-derived CBD to alcohol beverages. ...more

FDA Sets First Cannabis Hearing for May 31

The FDA announced it will host its first public hearing on cannabis and cannabis-derived compounds (including hemp-derived CBD) on May 31, 2019 in Silver Spring, Maryland....more

FDA Requests Comment on Use of Dairy-Terms in Labeling of Plant-Based Food Products

On Friday, September 28, the U.S. Food and Drug Administration (“FDA”) published a request for comment on the use of dairy-terms in the labeling of plant-based food products. Interested stakeholders can submit comments to the...more

ATTN: Restaurant Groups – Federal Menu Labeling is Effective May 7, 2018

Enforcement of the federal menu labeling regulations begins May 7, 2018. Restaurants and other similar retail food establishments that are part of a chain of 20 or more locations nationwide doing business under the same name...more

Seeing 2020: FDA Proposes New Compliance Date for Revised Nutrition Facts

On Friday, September 29, the Food and Drug Administration (“FDA”) proposed to give food manufacturers an additional year and a half to comply with the revised Nutrition Facts regulations that were published in May 2016....more

Let Food Be Thy Medicine, But Mind Your Words

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

Will We Have a Hodgepodge of Menu Labeling Laws?

Now that the FDA has (yet again) decided to delay enforcement of its menu labeling regulations for another year (and possibly to change the regulations entirely), one question seems to be on everyone’s minds: will we need to...more

Menu Labeling On Hold – Again

It appears the FDA is again pushing back the compliance date for its menu labeling regulations, which had been set for May 5, 2017. Although the agency has not yet made an announcement of the 11th-hour delay, on Thursday it...more

The Dirt on “Clean” Labels

Everybody wants “clean” labels. But, what does that mean? With no legal definition, “clean” labeling encompasses a wide-range of claims, such as natural, healthy, -free, simple, small-batch, no preservatives, no artificial...more

Controlling L. mono in RTE Foods: FDA Publishes Draft Guidance

Quick Bite: The FDA is seeking comment until July 17, 2017, on draft guidance about recommended practices to control Listeria monocytogenes in food facilities. The Details: The Food and Drug Administration (“FDA”)...more

What’s in a Name? Looming Food Identity Issues…

Chase Purdy at Quartz recently published an article with the following headline: “To lure people put off by the freakiness of lab-made meat, this is what the industry wants to call it.” It got me thinking about the importance...more

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