News & Analysis as of

Food Labeling Comment Period

Ervin Cohen & Jessup LLP

FDA Announces Updated Foods Program Priorities

On July 6, 2023, the U.S. Food and Drug Administration (“FDA”) released an updated list of draft and final topics that the agency anticipates publishing guidance documents for by the end of December 2023....more

Morgan Lewis - Well Done

Salt-Shaking it Up: FDA Issues Proposed Rule to Allow Salt Substitutes in Standardized Foods

FDA has consistently pursued its aim of encouraging US consumers to eat less salt. As we have previously written, FDA issued a Voluntary Sodium Reduction guidance in October 2021 to support the reduction of average sodium...more

Hogan Lovells

FDA Invites Comment on Petition Seeking to Repeal Color Additive Listing for Titanium Dioxide in Food

Hogan Lovells on

On April 14, 2023, the U.S. Food and Drug Administration filed a petition submitted by the Environmental Defense Fund (EDF) and several other NGOs requesting that the agency repeal its regulation authorizing the use of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - May 2023

The U.S. Food and Drug Administration (FDA) has written a letter to the manufacturers and developers of new plant varieties, urging them to fully consider the potential ramifications of transferring the genes of allergens to...more

Hogan Lovells

FDA seeks comment on food labeling information in e-commerce

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The U.S. Food and Drug Administration (FDA) is requesting comment on the availability of nutrition, ingredient, and allergen information online for packaged foods sold through online grocery shopping platforms.  FDA explains...more

Foster Garvey PC

FDA Issues Draft Guidance on Naming and Voluntary Nutrient Statements for Plant-Based Milk Alternatives

Foster Garvey PC on

On February 23, 2023, the Food and Drug Administration (FDA) announced the issuance of a draft guidance document entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.”...more

Nelson Mullins Riley & Scarborough LLP

FTC Looks to Revise Green Guides, Requesting Public Comments on “Organic” and “Sustainable”

The Federal Trade Commission (“FTC” or the “Commission”) is requesting public input on possible revisions to the Guides for the Use of Environmental Marketing Claims (“Green Guides” or “guides”). The Green Guides are...more

Arnall Golden Gregory LLP

What is “Healthy Food”? FDA May Know the Answer

On September 28, 2022, the U.S. Food and Drug Administration issued a Proposed Rule to revise the criteria for when foods can be labeled with the nutrient content claim “healthy.” Since 1994, FDA has recognized that when a...more

Foster Garvey PC

Proposed Rule on “Healthy” Labeling

Foster Garvey PC on

Here is what you need to know about the FDA's recent proposed rule on "healthy" labeling. - On September 29, 2022, FDA proposed an amendment to the existing regulation (21 CFR § 101.65) on when “healthy” or similar terms...more

Sheppard Mullin Richter & Hampton LLP

FDA Proposes Updated Rule for “Healthy” Foods

FDA issued a proposed rule on September 28, 2022 to update the definition of “healthy” by specifying new criteria by which the term can be used in food labeling. Previously, FDA explained that “healthy” is an implied nutrient...more

BakerHostetler

FDA Issues Proposed Rule Updating "Healthy" Food Claim Definition

BakerHostetler on

Key Takeaways - ..On September 28, 2022, the FDA issued a proposed rule to update the criteria for which foods can be labeled as “healthy” to align the definition with current nutrition science. ..For the first time,...more

Morrison & Foerster LLP - Class Dismissed

Water Is In, White Bread Is Out: “Healthy” Gets A New Look In 2023

For decades, health-conscious consumers have argued about what it really means for a food to be “healthy.” Is dark chocolate “healthy”? How about breakfast cereal, coffee, or fruit gummies?...more

Bennett Jones LLP

Stakeholder Consultation on Food Labeling

Bennett Jones LLP on

Health Canada and the Canadian Food Inspection Agency (CFIA) are currently seeking feedback on the development of voluntary guidance for providing information for foods that are sold to consumers through e-commerce. While the...more

Beveridge & Diamond PC

USDA Opens Comment Period for Labeling Requirements for Cell-Cultured Meat and Poultry Products (Updated)

Beveridge & Diamond PC on

Update - In response to stakeholder requests, USDA-FSIS has extended the comment period for its proposed rule to December 3, 2021. On September 3, 2021, the U.S. Department of Agriculture, Food Safety and Inspection...more

Cooley LLP

Alert: What’s at Steak: USDA Solicits Comments on Cultured Meat Labels

Cooley LLP on

Using recent advances in cell culture technology, numerous companies are developing meat products produced in vitro using cultured cells derived from living animals. As such companies get ready to market their products to...more

Beveridge & Diamond PC

USDA Opens Comment Period for Labeling Requirements for Cell-Cultured Meat and Poultry Products

Beveridge & Diamond PC on

On September 3, 2021, the U.S. Department of Agriculture, Food Safety and Inspection Service (USDA-FSIS) opened a comment period in advance of a proposed rule on labeling requirements for meat and poultry products comprised...more

Foley Hoag LLP

USDA Seeks Comment on Cultured Meat and Poultry Labeling

Foley Hoag LLP on

The Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture (USDA) recently published an advanced notice of proposed rulemaking (ANPR) seeking public comment pertaining to the labeling of meat and...more

Ervin Cohen & Jessup LLP

FDA Foods Program Releases Guidance Topics

On June 29, 2021, the U.S. Food and Drug Administration’s (“FDA”) Center for Food Safety and Applied Nutrition and Office of Food Policy and Response released a list of draft and final guidance topics that are a priority for...more

Hogan Lovells

Reminder: Opportunity to comment on draft “healthy” symbols for FDA’s planned consumer research

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) has released draft options for a new voluntary “healthy” symbol for packaged foods to depict the nutrient content claim. As previously noted, on 7 May 2021 the FDA issued a notice...more

Ervin Cohen & Jessup LLP

FDA Announces Intended Consumer Research on "Healthy" Claims

On May 6, 2021, the FDA issued a procedural notice on the preliminary quantitative consumer research it plans to conduct on symbols that could be used in the future to convey the nutrient content claim “healthy.” This...more

Womble Bond Dickinson

What is M-E-A-T?

Womble Bond Dickinson on

M-E-A-T has become a complicated word. A variety of alternative meat products are on the market or in development. Plant-based meat substitutes are already commonplace in our grocery stores and restaurants. Some of these...more

BCLP

California Proposes Changes to Short-Form Prop. 65 Warning

BCLP on

The short form of the California Proposition 65 warning that appears on numerous consumer products may look different in the future. California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed several...more

Ervin Cohen & Jessup LLP

FDA Announces 2024 Compliance Date for 2021-2022 Food Labeling Regulations

On January 4, 2021, the Food and Drug Administration announced that it would set January 1, 2024 as the uniform compliance date for final food labeling regulations that are issued in calendar years 2021 and 2022. In its...more

Beveridge & Diamond PC

FDA Requests Comments on Labeling Cell-Cultured Seafood Products

Beveridge & Diamond PC on

On October 7, the U.S. Food and Drug Administration (FDA) published a request for comment on proposed labeling for cell-cultured seafood products. 85 FR 63277 (Oct. 7, 2020). Stakeholders now have an opportunity to comment on...more

Hogan Lovells

FDA requests information on labeling of cell-cultured seafood

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) is requesting public comment on the labeling of seafood products made using cell culture technology. FDA’s Request for Information (RFI) entitled, “Labeling of Foods Comprised of or...more

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