Veronica Colas at Hogan Lovells

USDA issues proposed rule to update school nutrition standards

The U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service (FNS) recently issued a proposed rule to update its school nutrition standards. The rule proposes long-term standards, starting in the 2024-2025 school...more

2/9/2023 / Buy America , Children's Products , Comment Period , Dietary Guidelines , Nutrition Facts Labels , Proposed Rules , Public Schools , USDA

FDA to test front of pack nutrition labeling schemes through consumer research

The U.S. Food and Drug Administration (FDA) continues to explore the development of a standardized front of package (FOP) nutrition labeling scheme by conducting consumer research....more

1/26/2023 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Food Safety , Nutrition Facts Labels

U.S. Food Law Preview - Key issues affecting the food industry in 2023

We’re a few weeks into 2023, and while some new year’s resolutions may have already fallen to the wayside, there are plenty of food law issues that will take us through 2023 and beyond. Here are key issues the Hogan Lovells...more

1/24/2023 / Cannabidiol (CBD) oil , Cannabis Products , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Supply , FSMA , PFAS , Sustainability

USDA issues final rule strengthening oversight and enforcement of its organic regulations

The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has amended its organic regulations to strengthen oversight and enforcement of the National Organic Program (NOP). The final rule, which requires...more

1/24/2023 / Agricultural Sector , Final Rules , Food Labeling , Food Manufacturers , Marketing , Organic , USDA

OMB releases Fall 2022 Unified Agenda of Regulatory Actions

The Office of Management and Budget (OMB) recently released the Fall 2022 Unified Agenda of Regulatory Actions, which outlines the rulemaking actions currently under development in each federal agency. This memorandum...more

1/13/2023 / Food and Drug Administration (FDA) , Food Safety , FSMA , OMB , Regulatory Agencies , Regulatory Agenda , Regulatory Oversight , USDA

FTC seeks public comment on possible updates to Green Guides

The Federal Trade Commission (FTC or the “Commission”) recently announced it will accept public comment on proposed updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides”). In particular, the FTC...more

1/5/2023 / Advertising , Comment Period , Environmental Claims , Federal Trade Commission (FTC) , Food Manufacturers , Green Guides , Green Marketing , Greenwashing , Marketing , Public Comment , Sustainability

HL update - California imposes significant limits on use of recyclable claims

Late last year, California enacted significant new restrictions on products and packaging bearing recyclability claims, including the chasing-arrows symbol commonly used to connote that packaging is recyclable. In order to...more

10/6/2022 / California , Environmental Litigation , Environmental Policies , Recycling , Solid Waste , Waste Disposal , Waste Management

Asking the wrong questions: Consumer surveys may not save deficient labeling cases

Food labeling class actions brought on behalf of allegedly deceived consumers have become increasingly commonplace, especially in hotbed jurisdictions like California, New York, and Illinois. Labeling cases are, not unlike...more

10/3/2022 / False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Misleading Impressions , Nutrition Facts Labels , Plant Based Products

FDA proposes updated criteria for "healthy" claims in labeling

The Food and Drug Administration (FDA) has issued its proposed rule updating the definition of the implied nutrient content claim “healthy” for use in labeling. Under the proposal, to be considered healthy, a food would need...more

9/29/2022 / Food and Drug Administration (FDA) , Food Labeling , Health Claims , Natural Products , Nutrition Facts Labels , Product Labels , Proposed Rules

Court invalidates text message option under Bioengineered Food Disclosure Standard

A court has invalidated the portion of the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service’s (AMS’s) final rule implementing the National Bioengineered Food Disclosure Standard (BE Rule) that allows...more

9/16/2022 / Administrative Procedure Act , Bioengineering , Disclosure Requirements , Food Labeling , Food Manufacturers , Genetically Engineered Seed , GMO , USDA

Proposed Updates to List of Bioengineered Foods for National Bioengineered Food Disclosure Standard

The U.S. Department of Agriculture (USDA’s) Agricultural Marketing Service (AMS) has issued a proposed rule to update the List of Bioengineered Foods (List) under the National Bioengineered Food Disclosure Standard (the...more

8/3/2022 / Agricultural Marketing Act , Agricultural Sector , Bioengineering , Food Manufacturers , National Bioengineered Food Disclosure Standard (NBFDS) , Proposed Rules , USDA

OMB releases Spring 2022 Unified Agenda of Regulatory Actions

The Office of Management and Budget (OMB) recently released the Spring 2022 Unified Agenda of Regulatory Actions, which outlines the rulemaking actions currently under development in each federal agency. This memorandum...more

7/19/2022 / Agribusiness , APHIS , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Food Supply , FSMA , OMB , USDA

HHS extends COVID-19 public health emergency determination

The Secretary of Health and Human Services (HHS) has renewed its determination that a public health emergency exists in light of the continued consequences of the COVID-19 pandemic. The determination has been in place since...more

4/18/2022 / Coronavirus/COVID-19 , Department of Health and Human Services (HHS) , Food and Drug Administration (FDA) , Public Health Emergency

FDA provides update on consumer research for voluntary “healthy” symbol

The U.S. Food and Drug Administration (FDA) has provided an update on the consumer research it plans to conduct on voluntary symbols that could potentially be used in the future to convey the nutrient content claim “healthy.”...more

3/29/2022 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Nutrition Facts Labels , USDA

USDA makes filing in lawsuit on BE food disclosure

USDA has filed its opposition to summary judgement in the case filed by the Center for Food Safety (CFS) regarding the agency’s implementation of the National Bioengineered Food Disclosure Standard (“BE rule”). As you may...more

2/18/2022 / Bioengineering , Disclosure Requirements , Food Manufacturers , Food Safety , Food Supply , Genetically Engineered Animals , Genetically Engineered Seed , USDA

USDA issues final rule on sodium, whole grains, and fluid milk in school meals

USDA recently issued a final rule establishing transitional nutrition standards for sodium, whole grains, and fluid milk in school meals. The new standards will take effect for the 2022-2023 and 2023-2024 school year. USDA...more

2/8/2022 / Final Rules , Food Labeling , Food Manufacturers , Food Safety , Public Comment , Public Schools , School Lunch Programs , USDA

FDA releases updated priority list of food guidance documents intended for publication by January 2023

The U.S. Food and Drug Administration’s (FDA’s) Center for Food Safety and Applied Nutrition (CFSAN) and Office of Food Policy and Response (OFPR) released an updated list of priority draft and final guidance documents...more

2/7/2022 / Dietary Supplements , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , FSMA , New Guidance

FDA publishes new Q&A on “0 g Total Sugar” statements

The Food and Drug Administration (FDA) recently added a new Question and Answer to its website related to “0 g total sugars” label statements....more

1/20/2022 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Food Safety , Nutrition Facts Labels

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

12/21/2021 / APHIS , Food and Drug Administration (FDA) , Food Safety , Food Safety and Inspection Service (FSIS) , Food Supply , FSMA , OMB , Regulatory Agenda , USDA

FDA releases priority list of food guidance documents FDA intends to publish by June 2022

The U.S. Food and Drug Administration’s (FDA) Center for Food Safety and Applied Nutrition (CFSAN) and Office of Food Policy and Response (OFPR) recently released a list of priority draft and final guidance documents that the...more

7/1/2021 / Dietary Supplements , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Supply , FSMA , GRAS

Reminder: Opportunity to comment on draft “healthy” symbols for FDA’s planned consumer research

The U.S. Food and Drug Administration (FDA) has released draft options for a new voluntary “healthy” symbol for packaged foods to depict the nutrient content claim. As previously noted, on 7 May 2021 the FDA issued a notice...more

6/21/2021 / Comment Period , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Nutrition Facts Labels

FDA to test voluntary “healthy” symbols through consumer research

The U.S. Food and Drug Administration (FDA) has recently signaled its continued interest in developing a voluntary “healthy” symbol for packaged foods as a representation of the nutrient content claim....more

5/10/2021 / Comment Period , Food and Drug Administration (FDA) , Food Manufacturers , Food Products . , Food Safety , Food Supply , Health Claims , Nutrition Facts Labels , Product Labels , Regulatory Oversight , Regulatory Reform , Regulatory Standards , Rulemaking Process

U.S. Congress passes the FASTER Act to require sesame allergen labeling

On 14 April 2021, the U.S. Congress passed the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act of 2021 (S. 578), which now heads to the White House for signature. ...more

4/16/2021 / Federal Food Drug and Cosmetic Act (FFDCA) , Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) , Food Allergies , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Supply , Public Health , Retail Market

Reminder: Compliance date for new FDA requirements for fermented and hydrolyzed “gluten-free” foods

The 13 August 2021 compliance date for the U.S. Food and Drug Administration’s (FDA) final rule establishing recordkeeping requirements for foods bearing “gluten-free” claims that are fermented, hydrolyzed, or contain...more

3/9/2021 / Celiac Disease , Food Allergies , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Food Supply , Gluten-Free , Recordkeeping Requirements , Regulatory Reform , Regulatory Requirements

FDA signals uptick in enforcement with market sweep on depression claims

On 19 February, 2021 the U.S. Food and Drug Administration (FDA) announced warning letters to ten companies for selling dietary supplements that claim to cure, treat, mitigate, or prevent depression and other mental health...more

2/25/2021 / Cannabidiol (CBD) oil , Cannabis Products , Dietary Supplements , Enforcement Actions , FDA Warning Letters , Food and Drug Administration (FDA) , Health and Safety , Health Claims , Marijuana , Marketing , Medical Foods , Mental Health , Pharmaceutical Industry , Plant Based Products , Product Labels , Regulatory Oversight

Veronica Colas

Hogan Lovells

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