Lawsuit Challenges GRAS Rule on Food Substance Safety

by Morgan Lewis

Morgan Lewis

Public interest groups challenge FDA’s “Generally Recognized as Safe” Rule as failing to ensure food ingredients are safe for consumers.

In a recently filed lawsuit (Center for Food Safety v. Price), several public interest groups challenged the US Food and Drug Administration (FDA or Agency) final rule[1] that outlines how food manufacturers can establish food substances as “generally recognized as safe” for their intended use (GRAS Rule).[2]

The lawsuit, filed in the US District Court for the Southern District of New York on May 22, 2017, disputes FDA’s long-held position that it lacks the legal authority to require manufacturers to notify FDA of independent GRAS conclusions. Separate and distinct from the mandatory food additive premarket review requirements, the GRAS Rule sets forth a voluntary notification process for GRAS conclusions. The plaintiffs seek a court order vacating the GRAS Rule based on alleged violations of the US Constitution, the Federal Food, Drug, and Cosmetic Act (FFDCA), and the Administrative Procedure Act (APA). FDA has 60 days to submit its answer to this lawsuit.

The plaintiffs assert improper delegation of statutory authority to “private persons” to make GRAS conclusions in the absence of FDA review in violation of the constitutional doctrine against sub-delegation, which further forecloses judicial review in violation of the constitutional separation of powers principle. Plaintiffs further assert that the GRAS Rule exceeds FDA authority in violation of the APA because FDA does not retain necessary authority to manage GRAS conclusions in violation of the FFDCA. Finally, plaintiffs claim that the GRAS Rule is arbitrary and capricious in violation of the APA as a result of FDA’s position that the statutory GRAS exclusion precludes industry-determined GRAS conclusions from FDA notification and review.

Due to the exclusion of GRAS substances from the FFDCA’s mandatory premarket review process for food additives, it seems unlikely that the plaintiffs will be granted the requested relief. However, while it is being litigated, the lawsuit could have an impact on FDA’s management of the GRAS program. Among other things, we may see increased review times and additional information requests for submitted GRAS notifications and, if FDA resources allow, increased FDA auditing of GRAS conclusions—whether they are submitted through the GRAS notification process or not.

If the court grants the plaintiffs’ requested relief, the impact on the food industry could be significant—potentially leaving manufacturers with no mechanism to voluntarily request FDA review of their independent GRAS conclusions.

Food Additives and the GRAS Exclusion

In the 1958 amendments to the FFDCA, the US Congress excluded from the food additive premarket review process substances deemed GRAS for their intended use in food.[3] Since that time, FDA has asserted that it has no legal authority under the FFDCA to require any type of premarket review or notification of GRAS substances. Nonetheless, since the very beginning, manufacturers of food substances voluntarily have sought FDA confirmation of their own GRAS conclusions, and FDA has attempted over time to provide some level of review—first through the issuance of a GRAS list,[4] followed by the use of FDA Opinion Letters delivered to requestors, then through the adoption of a GRAS affirmation rulemaking process to amend the regulatory GRAS lists, and most recently through the adoption of the current GRAS notification process.

Manufacturers have never been required to participate in any of the above voluntary programs.

The GRAS Rule

The GRAS Rule amended FDA’s regulatory review process for voluntary GRAS submissions by replacing the voluntary GRAS affirmation petition process with a voluntary notification procedure. The notification process did away with a resource-intensive rulemaking process. On average, it took FDA approximately six years to complete the rulemaking process for each GRAS affirmation petition,[5] and in some cases FDA had not completed its review after more than 20 years. Indeed, FDA believed that this resource-intensive process deterred persons from petitioning the Agency to confirm their independent GRAS conclusions.[6]

One of FDA’s primary motivations in issuing the GRAS Rule was to streamline evaluation of manufacturers’ conclusions of GRAS status in order to enable FDA to evaluate more, and higher priority, substances and to incentivize industry participation.[7] The new notification process—in a pilot phase from 1997 until the GRAS Rule issued in August 2016—allows for a more nimble approach to FDA review, resulting in FDA review and response to the GRAS notification submitter within 180 days of filing.

FDA response falls into one of three categories:

  1. No questions letter
  2. Insufficient basis letter
  3. Cease to evaluate letter

Both the filed notice and FDA’s response is published to a public database for purposes of transparency. According to data provided from the pilot program, the average time for FDA to respond to a GRAS notification is less than six months—five times faster than FDA reviews under the withdrawn GRAS affirmation process. Since the pilot was initiated in 1997 through the issuance of the GRAS Rule, 600 GRAS notices have been filed, which seems to validate FDA’s expectation and hope that the new process would incentivize higher participation in the voluntary program.[8]

FDA also amended the criteria it deems necessary to determine whether a substance is GRAS for its intended use. Specifically, the GRAS Rule

  • clarified that the safety standard for GRAS substances is identical to the standard for food additives;
  • clarified the necessary technical safety evidence and the role of publication in establishing general recognition of safety; and
  • modified requirements as they concern substances claimed to be GRAS through experience based upon common use in food.

Further, FDA made clear in the preamble to the GRAS Rule that the same standards apply to all GRAS conclusions regardless of whether they are submitted to FDA in a GRAS notice.[9]

Center for Food Safety v. Price

The plaintiffs in the complaint against the Department of Health and Human Services and FDA (Complaint) include the Center for Food Safety, Breast Cancer Prevention Partners, Center for Science in the Public Interest, Environmental Defense Fund, and Environmental Working Group.

Voluntary Nature of GRAS Notification Process

The central focus of the Complaint concerns what the plaintiffs refer to as the “Secret GRAS process,” i.e., those independent GRAS conclusions that are not submitted to FDA through the notification process.[10] Because the GRAS Rule is voluntary, the harm claimed by the plaintiff organizations is that they do not have access to information about independent GRAS conclusions that are not submitted to FDA—information to which they claim they are legally entitled. Plaintiffs state that they would use such information to more effectively advocate for public health, food safety, and consumer rights and that, absent the information, they are deprived of participating in the public process associated with food additive petition approval/denial. Further, they claim that because their members lack information about GRAS substances that have not been reviewed by FDA, their members’ ability to make informed food choices and to notify FDA of potential problems is hindered. In addition, they claim that the new GRAS notification system weakened the prior regulatory scheme by repealing the notice and comment–based GRAS affirmation petition process.

The remedy sought, however, would not appear to address the plaintiffs’ asserted concerns; the relief requested is to vacate the GRAS Rule with court direction to FDA to correct the rule’s alleged legal deficiencies.

Due to FDA’s position that it lacks the legal authority to require notification of GRAS conclusions, a decision to vacate the order would result in either (1) not having any process for voluntary notice to FDA or (2) a throwback to the antiquated and inefficient voluntary GRAS affirmation petition process described above. In either case, the likely outcome would be that FDA would receive less information on GRAS substances; in the former, there would be no mechanism for manufacturers to submit information on GRAS conclusions, and in the latter, the length of time required by the notice and comment rulemaking process would reduce manufacturer interest in participation. Thus, unless the court determines that federal law requires FDA to review GRAS conclusions and orders FDA to do so (where there is no statutory basis to so rule), plaintiffs’ goal of increasing available information from FDA on GRAS substances is unlikely to be realized—even if the lawsuit is successful.

The GRAS Criteria

The Complaint also takes issue with some of the GRAS criteria in the GRAS Rule, stating, among other things, that including unpublished scientific data, information, and methods within the definition of “scientific procedures” is contrary to the statutory meaning of this term. Plaintiffs assert that the GRAS Rule would allow GRAS conclusions based on “unpublished information corroborated by unpublished information.”[11]

While not entirely clear in the Complaint, the plaintiffs’ position appears to be that “unpublished” also means not publicly available. A review of FDA statements in the preamble to the GRAS Rule confirms that FDA does not believe such an outcome is likely under its GRAS Rule: “[A] GRAS conclusion must be based on data and information that are generally available and accepted, and as such, are publicly available.”[12]

FDA further appears to draw a distinction between the meaning of “published” and “publicly available,” stating that information available through mechanisms other than publication in a peer-reviewed journal—such as publication in a textbook and other sources of technical literature—can help support a GRAS determination.[13] Thus, FDA appears to interpret “published” to mean published in a peer-reviewed journal and “unpublished” as material that is otherwise publicly available to support a GRAS conclusion.

Finally, of note, the acceptance of unpublished but publicly available data as support for a GRAS conclusion is unchanged from the prior requirements under FDA’s GRAS affirmation process.[14]

Novel Ingredients

The plaintiffs assert that there are thousands of substances used in food that have never been reviewed by FDA as a result of the voluntary GRAS process and that FDA has no means to prevent novel ingredients (such as those that use engineered nanomaterials) from being determined to be GRAS by the manufacturer. While FDA did not include language in the GRAS Rule prohibiting a GRAS conclusion for an ingredient that is new or novel, the Agency noted in the rule’s preamble that a substance cannot be considered GRAS when its characteristics are known by only a few experts.[15] FDA also issued guidance setting forth its position that questions related to technical safety and general recognition for engineered nanomaterials are likely sufficient to warrant formal premarket review, as opposed to a GRAS conclusion.[16] The guidance is nonbinding, but it presents FDA’s position on this type of substance and thus should be considered as a potential basis for FDA action.

GRAS Panels

The plaintiffs reference a prior Government Accountability Office report and a Journal of the American Medical Association article taking issue with the common use of expert panels to support GRAS conclusions, stating that there is no assurance that these panelists are independent and free of conflicts.[17] Under the GRAS Rule, expert panels are not required in order to support a GRAS conclusion. However, in the preamble to the GRAS Rule, FDA acknowledges that such panels can be useful in providing evidence that generally available data and information are generally accepted by the expert community. As a result, FDA has committed to issuing a Level 1 guidance on the subject of potential conflicts of interest and GRAS panel members.[18]

Voluntary Notification Process Results in Data Challenges for FDA

The Complaint states that because FDA is not receiving safety data on GRAS conclusions that are not submitted to the Agency, FDA is deprived of the ability to verify that the use of a substance that is the subject of a GRAS notification is truly GRAS. Specifically, the interest groups argue that it is impossible for FDA, the public, and other food chemical manufacturers to consider the probable consumption and cumulative effect of any new chemical substance on human health in the absence of data on all GRAS substances.[19] In the preamble to the GRAS Rule, FDA acknowledges that there are challenges to understanding consumption patterns and intake levels when manufacturers do not participate in the GRAS notification process. Accordingly, FDA has reached out to interested stakeholders—including trade associations, industry representatives, and the National Academy of Sciences—to assist in acquiring such information.[20]


Center for Food Safety v. Price is the first significant challenge to the recently finalized GRAS Rule. While resolution of this litigation may take years, industry should closely monitor this evolving situation, as it may impact FDA’s ongoing management of the GRAS notification program, which is already potentially challenged due to budget constraints.

This lawsuit may hasten FDA’s pace in issuing additional guidance (e.g., the promised guidance on GRAS panels and conflict of interest considerations)[21] and in revising certain existing guidance documents directed to safety evaluation of food additives to reflect FDA’s position that the guidance documents equally apply to both food additives and GRAS substances.[22] FDA also may consider issuing other guidance such as one further clarifying the scope, quality, and role of unpublished material in support of a GRAS conclusion.

Further, it is possible that FDA review times for voluntary GRAS notifications could increase in response to increased external scrutiny of the process triggered by the litigation, with FDA raising additional questions regarding GRAS notifications.

Finally, FDA may use additional resources to audit both GRAS notifications and independent GRAS conclusions that have not been submitted to the Agency.

Of course, in all cases, FDA’s ability to undertake these efforts will depend on the resources available to support the GRAS notification program.

[1] US Food & Drug Admin., Substances Generally Recognized as Safe (81 Fed. Reg. 54960 (Aug. 17, 2016)).

[2] Compl. Center for Food Safety v. Price, No. 1:17-cv-03833 (S.D.N.Y. May 22, 2017).

[3] FFDCA §§ 201(s) and 409 [21 U.S.C. §§ 321(s), 348]

[4] 21 C.F.R. Parts 182 and 582

[5] US Food & Drug Admin., FDA's Approach to the GRAS Provision: A History of Processes, (July 29, 2015)

[6] 62 Fed. Reg. 18939 (Apr. 17, 1997).

[7] 81 Fed. Reg. 54961.

[8] Id. at 54980.

[9] Id. at 54964.

[10] The plaintiffs make clear that they are not challenging GRAS conclusions based on common use of the substance in food prior to 1958 (Compl. at 18).

[11] Compl. at 20.

[12] 81 Fed. Reg. 54973.

[13] Id.

[14] Id.

[15] Id. at 54976.

[16] US Food & Drug Admin., Guidance for Industry: Assessing the Effects of Significant Manufacturing Process Changes, Including Emerging Technologies, on the Safety and Regulatory Status of Food Ingredients and Food Contact Substances, Including Food Ingredients that Are Color Additives, 15-16 (June 2014), available at

[17] Compl. at 20-21.

[18] 81 Fed. Reg. 55026.

[19] Compl. at 29.

[20] 81 Fed. Reg. at 54965.

[21] Id. at 55026.

[22] Id. at 55028.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morgan Lewis | Attorney Advertising

Written by:

Morgan Lewis

Morgan Lewis on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.