The June 28, 2024 U.S. Supreme Court decision in Loper Bright Enterprises v. Secretary of Commerce overruled the administrative-law doctrine known as “Chevron deference”, which had been in place since 1984. The decision marks...more
2024 is poised to be a big year for food regulation, particularly as federal agencies work to implement their regulatory agendas in preparation for a possible change in administration after the 2024 election. Here are the key...more
The U.S. Food and Drug Administration (FDA) recently announced the results of its pilot program evaluating whether several third-party food safety standards align with the food safety requirements in FDA’s Preventive Controls...more
The U.S. Food and Drug Administration (FDA) issued a draft guidance for industry on Action Levels for Lead in Food Intended for Babies and Young Children (Draft Guidance). The proposed action levels would apply to processed...more
On December 6, 2022, the Reagan-Udall Foundation for the FDA (“RUF”) issued a highly anticipated report on FDA’s Human Foods Program (the Program) capturing the findings and recommendations of a months-long independent review...more
The U.S. Food and Drug Administration (FDA) recently released its Congressional Justification for the fiscal year (FY) 2023 budget. The agency is requesting $1.2 billion for its Foods Program to be allocated to initiatives...more
The U.S. District Court for the Middle District of Louisiana recently issued an opinion and order granting Turtle Island Foods’ Motion for Summary Judgment in a First Amendment challenge the food manufacturer brought against...more
Two significant decisions were recently issued regarding California’s Proposition 65 (Prop 65). First, the U.S. Court of Appeals for the Ninth Circuit reinstated a district court’s preliminary injunction halting new...more
The Office of Management and Budget (OMB) recently released the Fall 2021 Unified Agenda of Regulatory actions, which outlines the rulemaking actions currently under development in each federal agency. This memorandum...more
The U.S. Food and Drug Administration (FDA) recently held a public meeting as a part of its Closer to Zero: Action Plan for Baby Foods initiative. This plan identifies steps the agency will take over the next three years...more
The U.S. Food and Drug Administration (FDA) recently hosted a three-day virtual summit on e-commerce, which focused on food safety for foods ordered online and delivered directly to consumers. Because of the increasing...more
11/16/2021
/ B2C ,
E-Commerce ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
FSMA ,
Public Comment ,
Regulatory Oversight ,
Regulatory Requirements
The Federal Trade Commission (FTC) recently issued a Final Rule, which codifies the Commission’s longstanding “all or virtually all” policy on unqualified U.S.-origin claims, extends enforcement to online labeling, and...more
The Office of Management and Budget (OMB) recently released the Spring 2021 Unified Agenda of Regulatory actions, which outlines the rulemaking actions currently under development in each federal agency. This article...more
7/8/2021
/ APHIS ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Safety and Inspection Service (FSIS) ,
OMB ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Oversight ,
Rulemaking Process ,
USDA
On Friday, 16 April 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65, proposed modified language for its new regulation on the warning...more
4/21/2021
/ Amended Regulation ,
Food Manufacturers ,
OEHHA ,
Proposition 65 ,
Public Comment ,
Regulatory Agenda ,
Regulatory Requirements ,
Supply Chain ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
The U.S. Food and Drug Administration (FDA) recently issued updated guidance that extends agency enforcement discretion over compliance with the requirement that domestic and foreign food facilities provide a unique facility...more
On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more
4/2/2021
/ Beverage Manufacturers ,
Chamber of Commerce ,
Commercial Speech ,
Constitutional Challenges ,
Consumer Product Companies ,
Corporate Counsel ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
OEHHA ,
Preliminary Injunctions ,
Proposition 65 ,
Retail Market ,
Toxic Chemicals ,
Warning Labels
On 19 March 2021, the U.S. Department of Health and Human Services (the Department or HHS) postponed for one year the effective date of the Final Rule entitled “Securing Updated and Necessary Statutory Evaluations Timely...more
On 19 January 2021, the U.S. Department of Health and Human Services (the Department or HHS) published in the Federal Register Final Rule entitled “Securing Updated and Necessary Statutory Evaluations Timely (SUNSET).” The...more
On 21 January President Biden issued an Executive Order calling for increased federal emphasis on worker safety during the COVID-19 pandemic. In his Executive Order on Protecting Worker Health and Safety, President Biden...more
The Food and Drug Administration (FDA) recently announced a pilot program to evaluate whether third-party food safety standards align with the food safety requirements in FDA’s Preventive Controls for Human Food (PCHF) and...more
10/30/2020
/ Federal Pilot Programs ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
FSMA ,
FSVP ,
Regulatory Oversight ,
Regulatory Standards ,
Supply Chain ,
Third-Party Risk
The U.S. Food and Drug Administration (FDA) recently issued a fifth Warning Letter related to allergen labeling, continuing a series of Warning letters in the past six months that cite companies for failing to “identify and...more
10/16/2020
/ Enforcement Actions ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Recalls ,
Food Safety ,
Food Supply ,
Public Health ,
Regulatory Requirements ,
Warning Letters
The U.S. Food and Drug Administration (FDA) is requesting public comment on the labeling of seafood products made using cell culture technology. FDA’s Request for Information (RFI) entitled, “Labeling of Foods Comprised of or...more
A recent action by the National Advertising Division (NAD), a self regulatory arm of the Better Business Bureau, addresses the level of proof necessary to support “natural” and “satiety” claims involving competing experts and...more
The Federal Trade Commission (FTC) on 22 June 2020 voted to adopt regulations codifying its long-standing Enforcement Policy Statement on U.S. Origin Claims (Policy Statement). The proposed regulations come after the FTC...more
7/8/2020
/ Country of Origin ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Made in the USA ,
Online Advertisements ,
Product Labels ,
Proposed Rules ,
Rulemaking Process ,
Section 5 ,
Unfair or Deceptive Trade Practices
There are numerous regulatory and practical issues borne out of COVID-19 that are facing the food industry, many of which are increasingly playing out at the state level. As states grapple with so-called “re-opening” of...more