The U.S. Food and Drug Administration (FDA) has announced a proposed update to guidance on how the term “healthy” can be used in marketing and labeling food products. The announcement notes that current limitations on usage...more
The U.S. Department of Agriculture (USDA) has announced a public meeting to hear from stakeholders on positions for the December 2022 meeting of the Codex Committee on Food Hygiene. Topics to be covered include draft...more
A notice in the Official Journal of the European Union has announced a tightening of restrictions on the allowable amount of ethylene oxide, “an important chemical substance having multiple uses, including the use as a...more
CSPI Urges FDA to Establish Standardized Front-of-Package Labeling -
The Center for Science in the Public Interest (CSPI) has filed a regulatory petition asking the U.S. Food and Drug Administration (FDA) “to require on...more
The attorneys general of 22 states have submitted a letter to the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) asserting that the agencies “are not sufficiently prioritizing a public health...more
The European Food Safety Authority (EFSA) and the European Chemicals Agency (ECHA) have begun consultations seeking scientific evaluations of glyphosate. “The classification of chemicals is based solely on the hazardous...more
The U.S. Food and Drug Administration (FDA) has released “Closer to Zero,” its action plan for reducing infants’ exposure to heavy metals following a Congressional report on toxic elements in baby foods. “Although the FDA’s...more
The U.S. Food and Drug Administration (FDA) has announced an investigation into Real Water alkaline water, which is allegedly the link between several cases of acute non-viral hepatitis. The investigation comes amid the...more
Former FDA Legal Counsel Moves to Shook -
Former U.S. Food & Drug Administration (FDA) Associate Chief Counsel Kristin Kaplan joins Shook, Hardy & Bacon, further expanding the firm’s regulatory capabilities. Kaplan has a...more
USDA, FDA Issue Joint Statement on Transmissibility of COVID-19 on Food Packaging -
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have issued a joint statement stating that “there is no...more
Shook Attorneys Detail Honey Litigation for Law360 -
Shook Partner Jim Muehlberger and Of Counsel John Johnson III have authored an article for Law360 detailing litigation targeting honey producers. “Honey producers have...more
USDA Releases Final Rule on Hemp Cultivation -
The U.S. Department of Agriculture has released its final rule governing the cultivation of hemp, which will take effect March 22, 2021. The draft rule would have required...more
FDA Issues Guidance on Allulose, Seeks Comments on Non-Traditional Sugars -
The U.S. Food and Drug Administration (FDA) has issued final guidance on the declaration of allulose in food. “The guidance describes FDA’s views...more
FDA Finds Milk Allergens in Dark Chocolate Samples -
The U.S. Food and Drug Administration (FDA) has announced the results of a study examining 52 dark chocolate products, determining that four of the products had...more
10/12/2020
/ APHIS ,
Beverage Manufacturers ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Safety and Inspection Service (FSIS) ,
National Poultry Improvement Plan (NPIP) ,
Natural Products ,
Negligent Misrepresentation ,
USDA ,
Value-Added Tax (VAT)
The U.S. Food and Drug Administration (FDA) has released a proposed update to traceability recordkeeping requirements for foods considered “high risk” as sources of foodborne illness. The proposed rule would apply to entities...more
9/28/2020
/ Beverage Manufacturers ,
Cannabis Products ,
Citizen Petitions ,
DEA ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety and Inspection Service (FSIS) ,
GRAS ,
Hemp ,
Interim Final Rules (IFR) ,
Magnuson-Moss Act ,
Proposed Rules ,
Recordkeeping Requirements ,
USDA
Court Dismisses Beef “Product of the USA” Lawsuit -
A New Mexico federal court has dismissed allegations that several food companies falsely labeled beef as a “Product of the USA” because the cattle were raised in other...more
9/21/2020
/ Beverage Manufacturers ,
European Food Safety Authority (EFSA) ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Hemp Cultivation ,
Interim Final Rules (IFR) ,
Magnuson-Moss Act ,
Nutrition Facts Labels ,
Permanent Injunctions ,
PFAS ,
Plant Based Products ,
Produce Safety Rule ,
USDA
The U.S. Drug Enforcement Administration (DEA) has proposed a rule that would codify the legalization of hemp cultivation and related definitions passed in the 2018 Farm Bill into the Controlled Substances Act. The amendments...more
8/24/2020
/ Beverage Manufacturers ,
Class Certification ,
Consumer Protection Laws ,
Controlled Substances Act ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Safety and Inspection Service (FSIS) ,
Hemp Cultivation ,
Magnuson-Moss Act ,
Meat Processing Plants ,
Negligent Misrepresentation ,
Unjust Enrichment ,
USDA
Schumer Urges USDA To Delay Hemp Rule -
U.S. Sen. Chuck Schumer (D-N.Y.) has called on the U.S. Department of Agriculture (USDA) to “delay the issuance of a U.S. Domestic Hemp Production Program final rule until 2022 and...more
8/18/2020
/ All Natural ,
Beverage Manufacturers ,
EU ,
European Food Safety Authority (EFSA) ,
Farm Animals ,
Final Rules ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Supply ,
Hemp ,
Plant Based Products ,
Putative Class Actions ,
USDA
USDA Accepting Comments on Organic Rule Amendments -
The U.S. Department of Agriculture (USDA) is accepting comments on the Agricultural Marketing Service’s proposed amendments to organic regulations concerning oversight...more
8/10/2020
/ Beverage Manufacturers ,
Final Guidance ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Safety ,
Organic ,
PFAS ,
Public Health ,
Regulatory Requirements ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
USDA ,
World Health Organization
U.K. to Implement New Food Advertising Standards -
U.K. Prime Minister Boris Johnson has announced a series of measures aimed at limiting advertising for foods high in salt, sugar and fat. The measures include a ban on...more
8/3/2020
/ Administrative Procedure Act ,
Advertising ,
Beverage Manufacturers ,
Counterfeit Goods Regulation ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Safety and Inspection Service (FSIS) ,
Nutrition Facts Labels ,
Putative Class Actions ,
UK ,
USDA
LEGISLATION, REGULATIONS & STANDARDS -
New York Legislature Passes Bill To Ban PFAS In Food Packaging -
The New York legislature has passed SB 8817, which would prohibit “the distribution, sale, and offer for sale in...more
7/27/2020
/ Bioengineering ,
Burger King ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Supply ,
Infectious Diseases ,
Legislative Agendas ,
Marketing ,
Meat Processing Plants ,
Misleading Impressions ,
OSHA ,
PFAS ,
Plant Based Products ,
Product Packaging ,
Putative Class Actions ,
Research and Development ,
Sanitation ,
USDA ,
Workplace Safety
FDA Enters New Phase Of FSVP Enforcement -
The U.S. Food and Drug Administration (FDA) has entered a new phase of enforcement for the Foreign Supplier Verification Program (FSVP) regulation, the legally required due...more
7/20/2020
/ Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Dietary Guidelines ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Supply ,
Foreign Suppliers ,
Imports ,
Meat Processing Plants ,
Regulatory Oversight ,
Safety Inspections ,
Slack-Fill Suits ,
USDA
LEGISLATION, REGULATIONS & STANDARDS -
EU Announces “Farm to Fork Strategy”
The European Commission has announced the adoption of strategies to support biodiversity and “transition to a sustainable EU food system that...more
5/26/2020
/ Agribusiness ,
APHIS ,
Business Disruption ,
Coronavirus/COVID-19 ,
E-Coli ,
EU ,
False Advertising ,
Family Assistance Plans ,
Farms ,
Federal Grants ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Supply ,
GMO ,
Legislative Agendas ,
Putative Class Actions ,
Relief Measures ,
Retail Market ,
Slack-Fill Suits ,
USDA
Examining Price-Gouging Allegations During COVID-19 Pandemic -
Shook Partner Katie Gates Calderon and Associate Elizabeth Fessler have authored “Best Practices for Food and Beverage Pricing Right Now” for Law360, which...more
5/12/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Chipotle Grill ,
Coronavirus/COVID-19 ,
Corruption ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Supply ,
GAO ,
Goods or Services ,
Personal Protective Equipment ,
Price Gouging ,
Price Inflation ,
Restaurant Industry ,
Supply Chain ,
Unfair or Deceptive Trade Practices ,
USDA ,
White Collar Crimes
What the FDA Requires for Food Safety During the COVID-19 Pandemic -
The U.S. Food and Drug Administration’s (FDA) regulatory requirements for food companies, including manufacturers and importers, remain largely unchanged...more
4/20/2020
/ Cannabidiol (CBD) oil ,
Center for Drug Evaluation and Research (CDER) ,
Coronavirus/COVID-19 ,
Dispensaries ,
Farm Animals ,
Farm Workers ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Recalls ,
Food Safety ,
Food Supply ,
FSVP ,
Imports ,
Marijuana Related Businesses ,
Public Health ,
Recreational Use ,
Regulatory Oversight ,
Regulatory Requirements ,
Sick Leave ,
The Humane Society ,
Unions ,
USDA ,
Workplace Safety ,
World Health Organization