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Say Goodbye to the Red Dye: Legal Implications Following the FDA’s Recent Ban

On January 16, 2025, the U.S. Food and Drug Administration (FDA) announced a significant regulatory change by revoking the authorization for use of Red Dye No. 3 in food (including dietary supplements) and ingested drugs. As...more

FDA Bans the Use of Red No. 3 in Food and Ingested Drugs

On January 16, the U.S. Food and Drug Administration (FDA) announced that it is revoking the authorization for use of FD&C Red No. 3 in food (including dietary supplements) and ingested drugs. The dye is commonly used in...more

MoCRA: Facility Listing and Cosmetic Registration with FDA Direct

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each...more

MoCRA: Talc Testing and Sample Preparation Requirements

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in a continuing series of posts diving into each...more

MOCRA: FDA Draft Guidance on Facility Registration and Product Listing

As we previously discussed, MoCRA requires cosmetic product manufacturer and processors to register their facilities with the U.S. Food and Drug Administration (FDA). On August 7, 2023, FDA announced that it had published a...more

MoCRA: Updates to FDA Safety Substantiation Requirements

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in our continuing series of posts diving into...more

Analysis of U.S. Food and Drug Administration Draft Guidance on Clinical Trials with Psychedelic Drugs

On June 23, 2023 the U.S. Food and Drug Administration (FDA) published a draft guidance document with foundational considerations for researchers that are developing psychedelic drugs for the treatment of medical conditions....more

MoCRA: Good Manufacturing Practices – Why Should You Care?

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each...more

MoCRA: Facility Registration and Product Listing – Where to Begin?

Facility Registration: What Is a Facility and Who Has to Register? Section 607 of MoCRA requires the registration of facilities that manufacture or process cosmetics for distribution in the United States. While this...more

MoCRA: Is my product a “cosmetic” and who is my “responsible person”?

Am I making a “cosmetic product”? If you are a manufacturer, packer, importer, or distributor, the first question you should be asking is whether your product falls under the definition of a “cosmetic product,” which...more

MoCRA: A New Era in the Regulation of Cosmetic Products

The Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”) was signed into law on December 29, 2022. MoCRA expands the authority of the U.S. Food and Drug Administration (“FDA”) to regulate cosmetics and serves as the...more

FDA Issues Warning Letters On Marketing And Sale Of OTC CBD Products

The U.S. Food and Drug Administration (FDA) issued Warning Letters this month to two companies concerning the marketing and sale of over-the-counter (OTC) drug products containing cannabidiol (CBD) as an inactive ingredient....more

FDA Reiterates Importance Of Allergen Labeling By Issuing Warning Letter Following Repeated Recalls

On December 16, 2020, the U.S. Food and Drug Administration (“FDA”) issued a corporate Warning Letter to Whole Foods Market (“Whole Foods”) following 32 recalls Whole Foods conducted over an approximate one year period for...more

Holiday Confusion For The Over-The-Counter Drug Industry: FDA Announces OTC Fee Schedule That HHS Quickly Withdraws

On December 29, 2020, the U.S. Food and Drug Administration (FDA) announced in a Federal Register notice the 2021 fee schedule for its Over-the-Counter Monograph Drug User Fee Program. That user fee program was an addition...more

FDA Finalizes Rule Related To Gluten-Free Labeling For Foods Containing Fermented Or Hydrolyzed Ingredients

The U.S. Food and Drug Administration issued a final rule, effective October 13, 2020, to establish compliance requirements for fermented and hydrolyzed foods, or foods that contain fermented or hydrolyzed ingredients, and...more

California’s OEHHA Proposes Regulation Requiring Warning For Acrylamide In Food

On August 4, 2020, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the Proposition 65 regulations. Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986,...more

FDA Provides Updated Plan On Inspections During COVID-19

The U.S. Food and Drug Administration (FDA) announced updated plans for conducting routine inspections of domestic and foreign inspections during the COVID-19 public health emergency. In March, FDA announced that it was...more

FDA To Conduct Remote FSVP Inspections During COVID-19 Public Health Emergency

The U.S. Food and Drug Administration (FDA) has announced it will begin conducting remote inspections of importers under the Foreign Supplier Verification Program (FSVP) during the COVID-19 Public Health Emergency. FSVP...more

FDA And TTB Issue Additional Guidance On Hand Sanitizer Manufacturing, CARES Act Provides Tax Relief

The U.S. Food and Drug Administration (FDA) and Alcohol and Tobacco Tax and Trade Bureau (TTB) have issued new and updated guidance documents in addition to those previously published in order to address the decreased market...more

FDA Updates Recommendations On Social Distancing And Use Of PPE For Food Companies

Over the last several days, the U.S. Food and Drug Administration (FDA) has updated its recommendations for food manufacturers and food retailers during the COVID-19 public health emergency. While FDA continues to underscore...more

FDA Announces Guidance For Food Retailers During COVID-19 Pandemic

The U.S. Food and Drug Food and Drug Administration (FDA) has issued two guidance documents intended to assist restaurants and other retail food establishments during the COVID-19 public health emergency....more

Following FSIS Lead, FDA Announces Flexibility On Nutrition Labeling Requirements For Foodservice Products Diverted To Retail

The U.S. Food and Drug Administration (FDA) announced a new policy to provide flexibility for restaurants and food manufacturers that have products on hand that are not labeled for retail sale (i.e. labeled for foodservice)....more

FDA And TTB Issue Guidance To Increase Hand Sanitizer Production During COVID-19 Outbreak

The Food and Drug Administration and the Alcohol and Tobacco Tax and Trade Bureau (TTB) have both recently issued guidance documents to allow for the increased production of alcohol-based hand sanitizer during the COVID-19...more

FDA Issues Temporary Policy For Food Manufacturers And Importers In Light Of COVID-19 Outbreak

On March 17, 2020, the U.S. Food and Drug Administration (FDA) issued guidance to food manufacturers and importers in response to the COVID-19 pandemic. In the guidance, FDA stated it will temporarily not enforce supplier...more

FDA States CBD Is Not GRAS for Use In Food, Issues More Warning Letters

The U.S. Food and Drug Administration (FDA) issued a press release on the evening of Monday, November 25 concerning its recent enforcement actions and a regulatory decision concerning products that contain cannabidiol (CBD)....more

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