News & Analysis as of

Federal Food Drug and Cosmetic Act (FFDCA) Retailers

Perkins Coie

FDA Publishes Draft Guidance For Submitting Cosmetic Product Facility Registrations and Product Listings Under MoCRA

Perkins Coie on

The U.S. Food and Drug Administration (FDA) issued draft guidance on August 7, 2023, clarifying new requirements for cosmetic facility registrations and product listings under the Modernization of Cosmetics Regulation Act of...more

Dechert LLP

Not Prescription, Not Merely Over the Counter: FDA Proposes a Novel Category of Drugs

Dechert LLP on

In June of this year, FDA announced a proposed rule that would permit approval for nonprescription drug products with an Additional Condition for Nonprescription Use—a category of nonprescription drugs where FDA determines...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2022

Foley & Lardner LLP on

The fashion industry has certainly seen its fair share of change over the last year given consumer trends, geopolitical & public health issues, innovation in technology and legal developments and we don’t anticipate that...more

King & Spalding

Seventh Circuit Revives Deceptive Labeling Claims Against Parmesan Cheese Manufacturers and Retailers

King & Spalding on

On December 7, 2020, the Seventh Circuit joined three other circuits—the First, Second, and Ninth—in holding that an accurate fine-print list of ingredients does not foreclose, as a matter of law, a claim that an ambiguous...more

Faegre Drinker Biddle & Reath LLP

Preemption of Structure/Function Claims

Seen frequently on grocery items, and especially on dietary supplements, structure/function claims describe the role of a nutrient or ingredient in the structure or function of the human body. Examples include “Calcium builds...more

Stinson LLP

CBD Industry Experiences Wave of New Consumer Lawsuits

Stinson LLP on

The cannabidiol (CBD) industry has been on the receiving end of over a half dozen new consumer class actions in recent weeks, which is likely only the beginning for the emerging industry....more

Stinson LLP

Cosmetics Regulation: Where It Is and Where It May Be Going

Stinson LLP on

On March 5, the U.S. Food and Drug Administration (FDA) simultaneously published its independent testing results confirming the presence of asbestos in certain cosmetic products sold by Claire’s and by the girls'...more

Dorsey & Whitney LLP

The Hammer Revealed: Mandatory Recall Authority Under The Food Safety Modernization Act

Dorsey & Whitney LLP on

The Food Safety Modernization Act (FSMA) overhauled the nation’s food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA)...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Morrison & Foerster LLP - Class Dismissed

Makeup Shake Up: Potential New Federal Cosmetics Regulations

“Make fine lines and wrinkles disappear!” “Reduce the visibility of fine lines and wrinkles!” At first read, these claims sound one in the same. But for decades, a slight difference in phrasing of cosmetics claims—created...more

Locke Lord LLP

Enforcement Date & Notable Differences In FDA’s Final Guidance For Menu Labeling

Locke Lord LLP on

On May 5, 2016, FDA published a Notice of Availability (NOA) of its Final Guidance on menu labeling, entitled “Guidance for Industry: A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods -...more

Carlton Fields

Food for Thought: 2014 Litigation Annual Review

Carlton Fields on

Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more

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