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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

FDA issues draft guidance on voluntary disclosure of sesame when added as flavoring or spice

On 10 November 2020, the U.S. Food and Drug Administration (FDA) announced the availability of a draft guidance recommending that companies voluntarily declare sesame in the ingredient list when it is used as a “flavor” or...more

Rethinking recyclable packaging claims in an evolving litigation landscape

Historically, neither food companies nor the plaintiffs’ bar have lost sleep over “recyclable” or “recycled content” claims. Over the past year, however, there has been increasing attention to and scrutiny of recyclable...more

FDA announces additional flexibility for new nutrition labeling requirements

The U.S. Food and Drug Administration (FDA) announced in a recent Constituent Update that it is providing additional flexibility to food manufacturers with less than $10 million in annual food sales in complying with FDA’s...more

NOP issues proposed rule amending organic requirements to strengthen organic enforcement

The United States Department of Agriculture (USDA) Agricultural Marketing Service’s (AMS) National Organic Program (NOP) issued a proposed rule in early August that would amend the organic regulations to strengthen oversight...more

COVID-19 Update: FDA Issues Guidance on Temporary Flexibility Policy Regarding Certain Labeling Requirements for Foods for Humans...

On May 22, 2020, the U.S. Food and Drug Administration (FDA) announced two policies to provide temporary flexibility with respect to packaged foods formulation and labeling requirements during the COVID-19 pandemic. The...more

COVID-19 Update: FDA Issues Minor Updates to Guidance on Hand Sanitizer Production

In March, the Food and Drug Administration (FDA) issued guidance documents, first revised on March 27, temporarily relaxing certain regulatory requirements for the production of alcohol-based hand sanitizers, to respond to...more

FTC Hosts Public Workshop on “Made in USA” Claims

On September 26, 2019, the Federal Trade Commission’s (“FTC’s” or “the Commission’s”) Bureau of Consumer Protection (“BCP”) held a public workshop on “Made in USA” and similar U.S.-origin claims for consumer goods sold in the...more

FDA Encourages “Best If Used By” Labeling to Describe Quality Dates

On May 23, the Food and Drug Administration (FDA) issued a letter to the food industry “strongly support[ing]” the use of “Best If Used By” labeling to describe the date when a food will be at its best flavor and quality. FDA...more

FDA Issues Two Guidance Documents on New Nutrition Labeling Requirements

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

Ninth Circuit Issues Ruling on “Made in the USA” Claims in California

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

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