Last week the Food and Drug Administration (FDA) issued draft guidance announcing that the agency intends to exercise enforcement discretion to allow the use of “potassium chloride salt” as an alternative common or usual name...more
5/20/2019
/ Comment Period ,
Draft Guidance ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Nutrition Facts Labels ,
Public Health ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process
We are writing this memo to bring to your attention that the Food and Drug Administration (FDA) recently published a new final guidance titled: “Preparation of Food Contact Notifications for Food Contact Substances in Contact...more
Increasing consumer interest in cannabis-derived ingredients has led to an explosion of the use of the non-intoxicating cannabinoid, cannabidiol (CBD) in a wide variety of products, including drugs, foods, dietary...more
5/7/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Cosmetics ,
Dietary Supplements ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Hemp ,
Marijuana Related Businesses ,
Marketing ,
Nutritional Supplements ,
UK
Many food and beverage companies are assessing the use of hemp-derived ingredients in their products in light of the 2018 Farm Bill provisions excluding “hemp” from the definition of marijuana under the federal Controlled...more
Last week, the FDA released a draft guidance regarding the low calorie sweetener, allulose, and stated the agency will not treat this ingredient as contributing to total or added sugars content in the nutrition information....more
As a part of the Food and Drug Administration’s (FDA’s) initiative to modernize and reform dietary supplement oversight, FDA announced it will hold a public meeting on responsible innovation in dietary supplement...more
This post summarizes several regulatory developments related to cannabis and cannabis derivatives, including cannabidiol (CBD). The Food and Drug Administration (FDA) recently announced it will hold a public meeting on May...more
4/4/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Hemp ,
marij ,
Marijuana ,
Marijuana-Infused Edibles ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Public Meetings ,
Warning Letters
The National Academies of Sciences, Engineering and Medicine (NASEM) recently released updated Dietary Reference Intakes (DRIs) for sodium and potassium. For the adequate intake of sodium, the report reaffirms the existing...more
The Food and Drug Administration (FDA) recently announced a plan for “policy advancements with the goal of implementing one of the most significant modernizations of dietary supplement regulation and oversight in more than 25...more
The United States has the most well-developed consumer economy in the world, with approximately US$13.2 trillion in annual consumer spending, the world’s highest per-household spending, and retail space per capita that is...more
On December 20, 2018, President Donald Trump signed the Agricultural Improvement Act of 2018 (the 2018 Farm Bill) into law.
...more
12/24/2018
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Life Sciences ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Regulatory Oversight ,
Trump Administration ,
USDA
Yesterday the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) released its final rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) passed by Congress in July 2016. In...more
12/21/2018
/ Agricultural Marketing Act ,
Bioengineering ,
Disclosure Requirements ,
Food Labeling ,
Food Manufacturers ,
Food Supply ,
Genetically Engineered Animals ,
Genetically Engineered Seed ,
GMO ,
Regulatory Oversight ,
Regulatory Standards ,
Retail Sales ,
USDA
The U.S. Food and Drug Administration (FDA) recently issued two guidance documents – one final and one draft – related to the new nutrition labeling requirements. The final guidance is an update to the previous draft guidance...more
On October 9, 2018, the U.S. Food and Drug Administration (FDA) issued a final rule revoking authorization for seven synthetic flavorings and adjuvants as food additives. Notably, FDA’s rigorous scientific analysis determined...more
10/30/2018
/ Additive Manufacturing ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Food Supply ,
Proposition 65 ,
Public Health ,
Regulatory Oversight ,
Regulatory Requirements ,
Toxic Exposure
Last week, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65, proposed an amendment to the existing regulation requiring: (1) the average...more
On August 1, 2018, two consumer groups sued the U.S. Department of Agriculture (USDA), USDA Secretary Sonny Perdue, and Agricultural Marketing Service (AMS) Administrator Bruce Summers for failing to meet the statutory...more
9/20/2018
/ Bioengineering ,
Disclosure Requirements ,
Food Labeling ,
Food Safety ,
Food Supply ,
GMO ,
OMB ,
Preemption ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process ,
Statutory Deadlines ,
Summary Judgment ,
USDA
Last Friday, China announced a second round of American products that could be subject to retaliatory tariffs between 10 to 25 percent. 1/ The proposed list would target $60 billion worth of additional United States...more
8/14/2018
/ China ,
Exports ,
Farms ,
Food Supply ,
Imports ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trade Retaliation ,
Trump Administration ,
US Trade Policies
On July 26, 2018, the FDA held a public meeting to discuss issues related to the agency’s comprehensive multi-year Nutrition Innovation Strategy. This public meeting and comment period follows FDA Commissioner Dr. Scott...more
A California appeals court has reversed a trial court decision that would require businesses to post Proposition 65 cancer warnings on certain breakfast cereals for acrylamide. The court ruled that a Proposition 65 warning...more
8/6/2018
/ Appeals ,
Beverage Manufacturers ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
OEHHA ,
Preemption ,
Proposition 65 ,
Reversal ,
Toxic Chemicals ,
Warning Labels
The U.S. Appeals Court for the 9th Circuit issued a favorable decision earlier this year interpreting the California “made in the USA” statute. In a March 2018 unpublished opinion, the court affirmed the dismissal of lawsuits...more
On June 15, 2018, the Office of the United States Trade Representative (USTR) released a list of products imported from China that will be subject to additional tariffs as part of the United States response to China’s alleged...more
7/9/2018
/ China ,
Exports ,
Food Supply ,
Imports ,
Retaliatory Tariffs ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
On Friday, June 15th, the California Office of Environmental Health Hazard Assessment (OEHHA) announced a proposed regulation clarifying that exposures to Proposition 65 chemicals in coffee do not pose a significant cancer...more
The Food and Drug Administration (FDA) has issued a guidance document that identifies eight ingredients that the agency has determined meet the regulatory definition of “dietary fiber.” Specifically, FDA has recognized the...more
As the June 18, 2018 compliance date for the Food and Drug Administration’s (FDA’s) final determination that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) approaches, the food industry...more
On May 3, the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) issued its proposed rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) passed by Congress in July 2016....more
5/8/2018
/ Advertising ,
Bioengineering ,
Disclosure Requirements ,
Food Labeling ,
Food Manufacturers ,
Food Supply ,
Genetically Engineered Animals ,
Genetically Engineered Seed ,
GMO ,
Proposed Rules ,
Regulatory Oversight ,
Regulatory Standards ,
Right To Know ,
USDA