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FDA: Grease-Proofing Substances Containing PFAS No Longer Being Sold

On February 28, 2024, the U.S. Food and Drug Administration (FDA) announced that grease-proofing substances containing per- and polyfluoroalkyl substances (PFAS) are no longer being sold by manufacturers for food contact use...more

Federal Changes To Encourage Food Donations

Two recent developments at the federal level are intended to encourage more food donations. First, President Biden signed the Food Donation Improvement Act (FDIA), which expands Good Samaritan liability protections. Second,...more

USDA Issues New “Organic” Labeling Rule, Strengthening Enforcement

The U.S. Department of Agriculture (USDA) announced on January 18, 2023, that it has issued a new final rule titled Strengthening Organic Enforcement (the SOE Rule). The new regulation becomes effective on March 20, 2023, and...more

PFAS and Food Packaging: The State of Regulation

Introduction  In the absence of comprehensive federal legislation, states have started to regulate per- and polyfluoroalkyl substances (PFAS) in food packaging. This Update provides an overview of the current regulatory...more

On the Menu: Food Allergen Disclosures for Restaurants and Food Service

Federal law already requires disclosure of the nine major food allergens on packaged food products: milk, eggs, fish, seafood, peanuts, tree nuts, wheat, soy, and sesame. However, businesses that sell unpackaged food at...more

FDA Publishes Final Rule Requiring Additional Traceability Records for Certain Foods

The U.S. Food and Drug Administration (FDA) published a final rule creating additional recordkeeping requirements for foods listed on the Food Traceability List. The final rule was published in the Federal Register on...more

The Food & Beverage Industry and the COVID-19 Pandemic

The global pandemic has affected not only how individuals work but also the way companies supply food, how consumers shop, and how regulators try to alleviate food shortages during the pandemic. Here are some of the biggest...more

USDA Issues Rules on Bioengineered Food Disclosures

The USDA issued rules on December 20, 2018 requiring the disclosure of the presence of bioengineered foods and ingredients in food products, called the National Bioengineered Food Disclosure Standard (the Standard). The...more

What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?

President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law on December 20, 2018. Among the 2018 Farm Bill’s broad-ranging provisions, it legalizes the cultivation and sale...more

Industry Insights: The New Nutrition Facts Panel

The Food and Drug Administration (FDA) is implementing changes to the Nutrition Facts Panel for food and beverage labels. Manufacturers are required to comply with the new requirements by January 1, 2020, although...more

Food Litigation Newsletter - November 12, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Rains on Plaintiff’s Vitamin Drink Suit Parade ..Potato Chip Misbranding Claims Half-Baked, Says Court ..Court: Pasta Claims Need More...more

Food Litigation Newsletter - August 5, 2013

In This Issue: - Recent Significant Developments and Rulings ..VitaRain “Natural” Caffeine Claims Against Costco Rules Preempted ..Court Refuses To Certify Most “All Natural” Claims Against Kashi and Bear...more

FDA Issues Proposed Rules And Explanatory Fact Sheets For FSMA

On January 4, 2013, the Food and Drug Administration (FDA) issued two long-awaited proposed rules implementing important aspects of the 2011 Food Safety Modernization Act (FSMA). These rules are intended to help prevent...more

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