News & Analysis as of

Federal Food Drug and Cosmetic Act (FFDCA) Environmental Protection Agency (EPA)

Maron Marvel

Will EPA’s Recent Ban on Methylene Chloride Uses Result in Exponential Litigation Similar to Asbestos?

Maron Marvel on

Methylene chloride, also known as dirchloromethane [osha.gov], is a volatile, colorless liquid with a chloroform like odor. Historically, it has been used in various industrial processes, such as pharmaceutical manufacturing,...more

Husch Blackwell LLP

Legal Insights for Manufacturing: Outlook for 2024

Husch Blackwell LLP on

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 10

Dechert LLP on

Senators Focus Attention on Litigation Funding’s Opacity - Building on the momentum we previously noted related to litigation funding, on September 14, Senator John Kennedy introduced the Protecting Our Courts from Foreign...more

Dechert LLP

Dechert Re:Torts - Issue 9

Dechert LLP on

Delaware Supreme Court Rejects No-Injury Medical Monitoring Claims - As part of our ongoing coverage of issues in Medical Monitoring, we noted that the Delaware Supreme Court received a certified question from the U.S....more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 1

Dechert LLP on

Introducing Dechert Re:Torts, a monthly publication that offers a summary of significant cases, rules and pertinent issues, brought to you by Dechert’s Product Liability and Mass Torts Group. Our snapshots help you stay...more

King & Spalding

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

King & Spalding on

On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

ArentFox Schiff

The Next Wave of PFAS Regulation

ArentFox Schiff on

Last fall, we wrote about the EPA’s strategic roadmap regarding its goals for investigating, regulating, and remediating Per- and Polyfluroalkyl Substances (PFAS). On November 18, 2021, the bipartisan Keep Food Containers...more

Bergeson & Campbell, P.C.

EPA Releases Response Denying Objections to Its Final Rule Revoking All Tolerances for Chlorpyrifos

On February 25, 2022, the U.S. Environmental Protection Agency (EPA) announced it has issued a response denying the objections filed against its final rule revoking all chlorpyrifos tolerances (Response). EPA issued the...more

Bergeson & Campbell, P.C.

Petition to Revoke Food Tolerances and Cancel Registrations for Organophosphate Pesticides Filed

On November 18, 2021, the United Farm Workers and several other non-governmental organizations (NGO) filed a petition with the U.S. Environmental Protection Agency (EPA) to revoke all food tolerances and cancel registrations...more

Morgan Lewis - Well Done

Anti-Spoil(er) Alert: FDA Issues Guidance on Antimicrobial Agents in Food

Morgan Lewis - Well Done on

FDA issued an updated Q&A guidance in September 2021, Microbiological Considerations for Antimicrobial Agents Used in Food Applications: Guidance for Industry (Antimicrobial Agents Guidance), which replaces a guidance...more

Womble Bond Dickinson

Are Your Baby’s Strained Carrots Safe? Considerations for Manufacturers

Womble Bond Dickinson on

Are baby foods subject to stricter standards than adult foods? The short answer is, not really. The U.S. Food and Drug Administration (FDA) has specific guidelines for baby formulas, labeling requirements for baby and...more

ArentFox Schiff

EPA Proposes Expanded FIFRA Exemptions for Certain Plant-Incorporated Protectants (PIPs) Created Using Gene Editing

ArentFox Schiff on

The US Environmental Protection Agency has proposed to amend its pesticide regulations to exempt from FIFRA, the federal pesticide statute, certain pesticidal substances (PIPs) created in plants using biotechnology, so long...more

Beveridge & Diamond PC

EPA Proposes to Allow Certain Uses of Biotechnology in Development of Plant-Incorporated Protectants

Key Takeaways - What Happened: EPA proposed to exempt certain biotechnology-derived plant-incorporated protectants (PIPs) from FIFRA registration and FFDCA tolerance requirements....more

(ACOEL) | American College of Environmental...

EPA Approves New Fungicide to be Delivered by the Bees Themselves

EPA has been a hive of activity regarding the declining bee population. The agency recently approved an organic fungicide that is to be delivered to crops via “bee vectoring”—a process by which commercially-reared bees walk...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018 #3

LEGISLATION, REGULATIONS & STANDARDS - ASA Upholds Complaints Against Ads Targeting Children - The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements...more

Foley Hoag LLP - Environmental Law

Court Orders EPA to Ban Chlorpyrifos: No Escaping Jurisdiction After 10 Years of Delay

Last week, the 9th Circuit Court of Appeals ordered EPA to revoke all tolerances for chlorpyrifos within 60 days. It’s another fairly devastating indictment of the Trump administration....more

Bergeson & Campbell, P.C.

Ninth Circuit Directs EPA to Revoke all Tolerances and Cancel All Registrations for Chlorpyrifos

On August 9, 2018, the majority of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) issued an opinion in the latest chlorpyrifos case (League of United Latin American Citizens (LULAC) v....more

Bergeson & Campbell, P.C.

Oral Argument Held in Case Challenging EPA’s Denial of Petition to Revoke Chlorpyrifos Tolerances

On July 9, 2018, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) held oral argument in League of United Latin American Citizens (LULAC) v. Pruitt, a case brought to challenge the decision by the U.S....more

Beveridge & Diamond PC

Environmental Protection Agency Streamlines Pesticide Residue Chemistry Data Requirements for Seed Treatment Uses

Beveridge & Diamond PC on

On January 26, the U.S. Environmental Protection Agency (EPA) announced reduced residue chemistry data requirements for many seed-treatment pesticide uses. The new guidance introduces important changes to EPA policy and...more

Bergeson & Campbell, P.C.

Ninth Circuit Simultaneously Denies Motion to Dismiss Without Prejudice and Grants Motion to Expedite

On December 20, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order in LULAC v. Pruitt, Case No. 17-71636, a case challenging an order denying administrative petitions to revoke the tolerances and cancel the...more

Bergeson & Campbell, P.C.

NGOs and Farmworkers File Motion for Expedited Briefing and Hearing in Chlorpyrifos Litigation

On October 13, 2017, Petitioners League of United Latin American Citizens (LULAC), et al. filed a motion to expedite briefing and hearing in League of United Latin American Citizens v. Pruitt, Case No. 17-71636 (9th Cir. June...more

Bergeson & Campbell, P.C.

EPA Final Rule On Use Of TOFA Confirms Safety Of Unsaturated Fatty Acids

On October 10, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its final rule establishing exemptions for a tolerance limit to use tall oil fatty acids (TOFA) as an inert ingredient...more

Kelley Drye & Warren LLP

FDA and EPA Issue Joint Guidance On Jurisdiction Over Mosquito-Related Products

Kelley Drye & Warren LLP on

Last week, FDA and the EPA issued guidance for industry regarding each agency’s respective jurisdiction over mosquito-related products. With the emergence of the Zika virus and the urgency in countering the spread of...more

Bergeson & Campbell, P.C.

FDA Releases Guidance Addressing FDA and EPA Jurisdiction over Mosquito-Related Products

On October 4, 2017, the U.S. Food and Drug Administration (FDA) announced the availability of final guidance that helps to clarify FDA and U.S. Environmental Protection Agency (EPA) jurisdiction over the regulation of...more

Bergeson & Campbell, P.C.

FDA Guidance Addresses FDA and EPA Jurisdiction over Mosquito-Related Products

On October 4, 2017, the U.S. Food and Drug Administration (FDA) announced the availability of final guidance that helps to clarify FDA and U.S. Environmental Protection Agency (EPA) jurisdiction over the regulation of...more

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