On May 14, as part of Operation Stork Speed (the Operation), the U.S. Food and Drug Administration (FDA) issued a request for information (RFI) to begin its review of infant formula nutrition requirements. FDA’s last...more
On May 2, Governor Youngkin signed the Baby Food Protection Act. The law is very similar to Maryland's Rudy's Law, which we wrote about last year. The Virginia law will become effective January 1, 2026 and will not apply to...more
Since returning to office for a second term, President Trump has taken steps to reshape federal agencies. Here, we discuss the significant changes that have occurred at the Food and Drug Administration (FDA or Agency) during...more
4/30/2025
/ Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Government Agencies ,
Medical Devices ,
Prescription Drugs ,
Presidential Appointments ,
Presidential Nominations ,
Proposed Rules ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Termination ,
Trump Administration
The composition of FDA-regulated products is coming under increasing scrutiny from FDA, state governments, consumer watchdog groups, and the plaintiff’s bar. ...more
4/30/2025
/ Baby Products ,
Class Action ,
Consumer Product Companies ,
Food Manufacturers ,
Food Safety ,
Hazardous Substances ,
Lead ,
Personal Care Products ,
Product Labels ,
Regulatory Requirements ,
Safety Standards ,
Toxic Chemicals
On March 18, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) announced the launch of Operation Stork Speed “to enhance [FDA’s] efforts to ensure the ongoing quality, safety,...more
On April 22, 2025, the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration announced a series of new measures to quickly phase out all petroleum-based synthetic dyes from the nation’s food...more
On April 21, 2025, it was reported that the U.S. Department of Health and Human Services (HHS) has released a media advisory describing the Food and Drug Administration’s (FDA) intention to remove petroleum-based synthetic...more
On April 10, 2025, the Food and Drug Administration (FDA) released a pre-recorded webinar outlining the updated "healthy" nutrient content claim rule. As we previously discussed, the rule will go into effect on April 28,...more
4/21/2025
/ Compliance Dates ,
Consumer Protection Laws ,
Dietary Supplements ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Government Investigations ,
New Rules ,
Regulatory Requirements ,
State Attorneys General ,
Webinars
As we previewed, West Virginia is the latest state to regulate food dyes. On Monday, Governor Patrick Morrisey signed HB2354, deeming the following food additives unsafe and prohibiting their use, with some limited...more
West Virginia lawmakers are pushing for a ban on foods sold in the state that contain the following seven artificial food dyes, due to growing concerns about their potential health risks...more
Venable's AdLaw Symposium is back!
Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more
3/7/2025
/ Advertising ,
Artificial Intelligence ,
Auto-Renewal ,
Best Practices ,
Beverage Manufacturers ,
Chief Compliance Officers ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Events ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food Manufacturers ,
Greenwashing ,
Legal Ethics ,
Marketing ,
NAD ,
Pricing ,
Privacy Laws ,
Risk Mitigation ,
State Regulators ,
Subscription Services
On February 25, the Food and Drug Administration (FDA) announced a delay in the effective date for its final rule updating the criteria to use the "healthy" nutrient content claim on food labeling....more
Last month, a putative class action was filed against Procter & Gamble challenging various green advertising claims for its Charmin toilet paper. The complaint brought a variety of state law claims targeting P&G’s...more
2/4/2025
/ Consumer Protection Laws ,
Corporate Misconduct ,
Environmental Litigation ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Putative Class Actions ,
State Law Claims ,
Sustainability ,
Unfair or Deceptive Trade Practices
On January 15, 2025, the Food and Drug Administration (FDA or Agency) issued an order to revoke the authorization for the use of FD&C Red No. 3 (Red No. 3) in food and ingested drugs in response to a 2022 color additive...more
On January 8, 2025, a bill prohibiting the sale of certain dietary supplements for weight loss and muscle building and other products to minors was formally introduced to the Virginia House of Delegates (House Bill No. 1585...more
On December 19, 2024, the Food and Drug Administration (FDA) announced a final rule updating the definition of the term "healthy" as used in food labeling. Under the rule, manufacturers may use the term "healthy" and similar...more
On October 22, Novo Nordisk (Novo) nominated semaglutide products, which include its popular drugs marketed as Ozempic for type 2 diabetes and Wegovy for chronic weight management, for inclusion on FDA's Demonstrable...more
Many alerts and articles discussing the Federal Trade Commission's (FTC) updated Negative Option Rule and the Amendments to California's Automatic Renewal law have focused on the stricter consent and cancellation...more
Last Friday, California Governor Gavin Newsom signed the California School Food Safety Act (AB2316). The new law will prohibit California's public schools from serving school meals containing any of the following synthetic...more
Interested in learning about the advertising claims that plaintiffs are challenging the most? Join Venable attorneys in Part 2 of their series "Why Can They Say That But I Can't?" Claudia Lewis, Shahin Rothermel, and Ari...more
We previously covered California's landmark Food Safety Act, the legislative proposals inspired by it, and the FDA's final rule revoking the authorization of brominated vegetable oil (BVO) in food products. Since then, there...more
State legislatures are actively pursuing bans on food and color additives. California’s landmark Food Safety Act (Act), effective January 2027, bans the manufacture and sale of products containing brominated vegetable oil...more
Recently, Venable's Government Division offered its general thoughts on the fallout from the Supreme Court's reversal of the long-standing Chevron deference principle. Here, the FDA Practice Group offers some of its own...more
7/11/2024
/ Administrative Procedure Act ,
Biologics Price Competition and Innovation Act of 2009 ,
Chevron Deference ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Government Agencies ,
Jurisdiction ,
Loper Bright Enterprises v Raimondo ,
Prescription Drugs ,
Public Health Service Act ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation
We want to inform you of a new law in Maryland, effective January 1, 2025, that mandates baby food manufacturers to test for toxic heavy metals, excluding infant formula. Known as Rudy’s Law, this legislation was inspired by...more
In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition