In upholding the lower court decision, the court held that AMS’s digital disclosure provision is unlawful because it does not provide sufficient consumer access to information about bioengineered foods, given the limitations...more
In Natural Grocers v. Rollins, the U.S. Court of Appeals for the Ninth Circuit significantly upended certain parts of the U.S. Department of Agriculture’s (USDA) National Bioengineered Food Disclosure Standard (BE Rule). ...more
In a major decision for food manufacturers and retailers, the Ninth Circuit recently struck down the U.S. Department of Agriculture (USDA) exemption for highly refined foods under the National Bioengineered Food Disclosure...more
Key Takeaways - The U.S. Court of Appeals for the Ninth Circuit recently issued a decision in National Grocers v. Rollins that has the potential to significantly alter the current landscape of bioengineered food...more
In a decision that raises significant questions about the future oversight of genetically engineered (GE) plants in the United States, the U.S. District Court for the Northern District of California on Monday, December 2,...more
Pivotal food regulatory updates abound in the recently released Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions, announced earlier this month by the White House Office of Management and Budget (OMB). The...more
USDA’s Agricultural Marketing Service (USDA-AMS) recently published a Request for Information soliciting stakeholder input on the electronic or digital link disclosure option for bioengineered (BE) foods under the National...more
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a Request for Information (RFI) asking interested parties to submit comments regarding potential revisions to the current...more
On March 28, 2024, the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) requested information about potential additions to or subtractions from the List of Bioengineered Foods (List) as it...more
LEGISLATION, REGULATIONS & STANDARDS - State Lawmakers Introduce Food Additive Bans - State lawmakers in three states have introduced bills seeking to prohibit the use of food additives, building on a first-in-the-nation...more
Shook Partner Published on New York Consumer Protection Laws - Cary Silverman, a partner in the firm’s Public Policy Group, was published in Albany’s Times Union letters to the editor on a proposed New York consumer...more
The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has issued a final rule updating the List of Bioengineered Foods (the List) under the National Bioengineered Food Disclosure Standard (the...more
After decades of intense scientific research into developing gene editing technologies, and more than a few setbacks, the field has produced a number of success stories in recent years, demonstrating that regulatory agencies...more
The U.S. Food and Drug Administration (FDA) Center for Veterinary Medicine (CVM) is advancing ahead in growing the regulatory landscape for developers and sponsors of animals with investigational intentional genomic...more
Could cultured meat be available in your U.S. grocery store in the new year? A previous article focused on the topic of “cultured meat” – meat made from the cells of animals and grown in a nutrient medium. While no cultured...more
On September 13, 2022, a federal court in San Francisco decided an NGO-led challenge to the US Department of Agriculture’s (USDA) final rule establishing a national standard for the disclosure of bioengineered foods. At the...more
In a long-awaited summary judgment ruling, a federal court kept most of the National Bioengineered Food Disclosure Standard final rule intact while sending the requirements for the electronic/digital link (QR Code) and text...more
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
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
On July 22, 2022, the US Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) opened up public comment on a proposed rule to make two changes to the List of Bioengineered Foods (the List). The National...more
As gene editing techniques come to the fore in the UK and elsewhere, industry increasingly needs clarity on the breeder's exception to plant variety rights. Originally published on IAM media.com on May 2022....more
Introduction - Effective January 1, 2022, food manufacturers must now comply with the U.S. Department of Agriculture ("USDA")'s National Bioengineered Food Disclosure Standard, 7 CFR Part 66 (the "BE Disclosure Standard"...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As of 1 January 2022, certain retailers, manufacturers, and importers are required to disclose the presence of bioengineered food and food that contains bioengineered...more
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
The US Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published a final rule on December 21, 2018, implementing the National Bioengineered Food Disclosure Standard (NBFDS). Beginning on January 1,...more