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FDA Allows Longstanding MOU with AAFCO To Expire

On August 2, 2024, the Association of American Feed Control Officials (“AAFCO”) announced that its Memorandum of Understanding 225-07-7001 (the “MOU”) with the U.S. Food and Drug Administration (“FDA”) outlining the AAFCO...more

FDA Announces New Qualified Health Claim for Yogurt Products – With Limitations

Marketers of yogurt products may celebrate the latest approval by the Food and Drug Administration (“FDA”) of a new qualified health claim related to the consumption of yogurt and type 2 diabetes. However, producers of such...more

Caffeine’s Wake-Up Call: Navigating Legal Risks for Highly Caffeinated Beverage Products

In the bustling landscape of consumer goods, caffeinated beverages stand out as a daily staple for millions of Americans. A recent shift towards “clean caffeine” and caffeine alternatives has further energized consumer demand...more

Will FTC’s New Endorsement Guidelines Dent Usage of Social Media Influencers in 2024?

In May 2022, when the Federal Trade Commission (FTC) proposed updates to its Guides Concerning Use of Endorsements and Testimonials in Advertising (Guides), it had been 13 years since the Guides were updated. Much has changed...more

FDA Releases Draft Guidance on Labeling of Plant Based Milk Alternatives

On February 22, 2023, the U.S. Food and Drug Administration (“FDA” or “Agency”) released draft guidance on labeling of plant-based milk alternatives (“PDMA”). This draft guidance is meant to clarify the FDA’s current view on...more

TTB Considers Updates to Trade Practice Regulations

On November 9, 2022, the U.S. Alcohol and Tobacco Tax and Trade Bureau (“TTB” or “Agency”) announced that the Agency is considering updating the alcohol trade practice regulations for the first time in 20 years. The current...more

TTB Proposes to allow reference to distilled spirits on wine labels and in advertisements

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently proposed amendments to 27 CFR Part 4 that would allow winemakers to reference added distilled spirits on labels and in advertisements. Currently, wine labels and...more

FDA Issues Warning Letters to Companies Whose Products Are Intended for Use with Food-Producing Animals

On May 26, 2022, the U.S. Food and Drug Administration (FDA) issued Warning Letters to four companies concerning the illegal sale of unapproved animal drugs containing cannabidiol (CBD) intended for use in food-producing...more

FDA Issues Final Guidance for Voluntary Recalls

Earlier this month, the U.S. Food and Drug Administration (“FDA”) completed guidance to help companies remove violative products from the market in a swift and effective manner. The guidance describes the precautionary steps...more

DOJ and USDA Agree to Work Together on Enforcement of Meat and Poultry Processing Sector

The meat processing sector has been in the crosshairs of the federal government over that last several years due to increased consumer prices for meat products and complaints from farmers and ranchers. These complaints have...more

USMCA Panel Announces Win for US in Dairy TRQ Dispute with Canada

Last week a decision was released in a dispute between the US and Canada related to Canada’s dairy tariff-rate quotas (TRQ) under the United States-Mexico-Canada Agreement (USMCA). The dispute settlement panel found that...more

OEHHA Proposes (Additional) Changes to Prop 65 Short Form Warnings - UPDATED 2022

About a year ago, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the short form warning rules for Proposition 65. Proposition 65 requires businesses to warn Californians about exposure to...more

FTC Investigates Supply Chain Issues and Impact on Consumers

The Federal Trade Commission (FTC) has launched an inquiry into the ongoing supply chain disruptions affecting a broad array of goods across the economy. Using a compulsory process to investigate the competitive impact of...more

USTR Announces Agreement with Austria, France, Italy, Spain, and the United Kingdom on Section 301 Tariffs Related to Digital...

The Office of the United States Trade Representative (“USTR”) announced that the Department of the Treasury has reached an agreement with Austria, France, Italy, Spain, and the United Kingdom regarding the treatment of...more

10/22/2021  /  Digital Taxes , OECD , Section 301 , Tariffs , USTR

Anatomy Of A Beer Label: Part III

In addition to the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I on COLAs, and the intellectual property protection offered by trademarks, as discussed in the Anatomy of a...more

Anatomy Of A Beer Label: Part II

Aside from the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I post on COLAs, brewers should consider protecting the trademarks featured on their beer labels...more

Anatomy Of A Beer Label: Part I

A beer label tells consumers more than just what the bottle or can contains (e.g., brewed hops, grain, yeast, and water). Labels inform consumers of important facts like the alcohol content by volume (ABV) and the net...more

USDA To Begin Work To Strengthen Enforcement Of The Packers And Stockyards Act

The U.S. Department of Agriculture (“USDA”) announced late last month that it will be taking measures to support the enforcement of the Packers and Stockyards Act (“P&S Act”), a 100-year-old law designed to protect “poultry...more

FDA Amends Yogurt Standard Of Identity

Starting in 2024, U.S. consumers are going to start seeing new formulations of yogurt on supermarket shelves. The U.S. Food and Drug Administration (FDA) has released an amended standard of identity for yogurt as part of its...more

US-EU Suspend Large Civil Aircraft Tariffs And Take Aim At China In Framework Addressing Non-Market Practices

The United States and European Union (“EU”) announced a “cooperative framework” to address and potentially resolve their long-running dispute over large civil aircraft subsidies, also commonly known as the Boeing–Airbus or...more

Foods Soon To Bear Sesame Allergen Labels

Recently, President Biden signed the Food Allergy Safety, Treatment, Education and Research (FASTER) Act. The law adds sesame to the list of major allergens, requiring its disclosure on food labels as an allergen. Food...more

New Modifications To OEHHA’s Proposed Rule Offer Additional Flexibility

Last summer the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, to create an exception from the warning...more

FDA Issues Action Plan To Reduce Heavy Metals In Foods

The U.S. Food and Drug Administration (FDA) recently released a new action plan designed to further reduce exposure to toxic elements, including heavy metals, from foods for infants and young children. This represents the...more

Supreme Court Curbs Consumer Relief: Enforcement Implications Of AMG Capital v. FTC

The U.S. Supreme Court’s unanimous decision on April 22, 2021, in AMG Capital Management LLC v. Federal Trade Commission curtails the authority of the Federal Trade Commission (FTC) to seek equitable monetary relief in...more

FDA Issues Warning Letters On Marketing And Sale Of OTC CBD Products

The U.S. Food and Drug Administration (FDA) issued Warning Letters this month to two companies concerning the marketing and sale of over-the-counter (OTC) drug products containing cannabidiol (CBD) as an inactive ingredient....more

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