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What the U.S. Supreme Court decision overruling Chevron means for food companies

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

Food Law Preview - Key issues affecting the food industry in 2024

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

FSMA Update: FDA Announces Results of 3rd Party Food Safety Audit Evaluation Pilot Program

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

FDA issues draft guidance setting action levels for lead in food intended for babies and young children

The U.S. Food and Drug Administration (FDA) issued a draft guidance for industry on Action Levels for Lead in Food Intended for Babies and Young Children (Draft Guidance).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

Reagan-Udall Foundation issues report with recommendations for strengthening FDA’s Human Foods Program

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

FDA’s FY 2023 Budget Includes Several Proposals Significant to Food and Supplement Manufacturers

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

U.S. District Court Grants Summary Judgement Against Louisiana Alternative Protein Labeling Law

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

New Acrylamide Prop 65 lawsuits: preliminary injunction reinstated; proposed regulation disapproved

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

OMB Releases Fall 2021 Unified Agenda of Regulatory Actions

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

FDA Holds Public Meeting on Closer to Zero Action Plan for Baby Foods

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

FDA Holds Summit on E-Commerce and Food Safety

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

FTC issues Final Rule codifying policy on unqualified “Made in USA” claims and authorizing penalties

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

OMB releases Spring 2021 Unified Agenda of Regulatory Actions

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

California’s OEHHA proposed modified regulation on warnings for chemicals formed during cooking

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

FDA extends enforcement discretion for UFI food facility registration requirement to December 2022

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

Preliminary injunction issued against new Proposition 65 lawsuits for acrylamide in food & beverage

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

HHS postpones final SUNSET rule for one year pending judicial review

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

HHS Publishes Final SUNSET Rule With New Exemptions and Timelines

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

COVID-19 update: President Biden issues Executive Order on COVID-19 worker safety

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

FSMA update: FDA announces pilot program to evaluate third-party food safety standards

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

Recent FDA Warning Letters focus on inadequate allergen controls following undeclared allergen recalls

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

FDA requests information on labeling of cell-cultured seafood

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

National Advertising Division Issues Decision on “100% Natural,” Satiety, and Curbing Cravings Claims

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

FTC proposal codifying “Made in USA” standard extends enforcement to online advertising, and enhances enforcement capabilities

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

COVID-19 Restaurant/Foodservice and Retail Establishment Re-opening Considerations: Trends and Observations

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

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