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Food Safety Compliance

Venable LLP

Food and Color Additives - Is the Patchwork Here?

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State legislatures are actively pursuing bans on food and color additives.  California’s landmark Food Safety Act (Act), effective January 2027, bans the manufacture and sale of products containing brominated vegetable oil...more

Foley & Lardner LLP

What Food & Beverage Companies Need to Know About the U.S. Consumer Product Safety Commission

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Food and beverage companies may be surprised to learn that the U.S. Food and Drug Administration (“FDA”) is not the exclusive regulatory authority over the safety of foods and beverages. Indeed, other governmental authorities...more

Dechert LLP

Dechert Re:Torts - Issue 14

Dechert LLP on

A Prescription for Liability: Michigan Repeals Flagship Drug Immunity Law - Michigan’s recent repeal of immunity provisions under its Product Liability Act has potentially significant implications for pharmaceutical...more

Harris Beach PLLC

FDA Phases Out PFAS in Certain Food-Packaging Materials

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The U.S. Food and Drug Administration (FDA) announced certain food-packaging materials containing per- and polyfluoroalkyl substances (PFAS) will no longer be sold in the U.S. PFAS are a large, diverse, and complex family of...more

Holland & Knight LLP

PFAS in Products: 2024 Is Off to a Busy Start in Many States

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2024 is off to a busy start for folks following state laws related to per- and polyfluoroalkyl substances (PFAS) in products. Multiple states have passed legislation impacting product manufacturers and retailers. Maine and...more

Holland & Knight LLP

PFAS Food Packaging Regulations Boil Over: Time to Develop a Compliance Plan

Holland & Knight LLP on

Forever chemicals are about to be forever regulated. With the most recent ban on per- or polyfluoroalkyl substances (PFAS) in food packaging set to go in effect in Vermont on July 1, 2023, this Holland & Knight alert focuses...more

The Volkov Law Group

Food Company Pleads Guilty and Agrees to Pay $19.2 Million for Manufacturing Under Unsanitary Conditions

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The Justice Department has a long-record of criminal prosecutions of companies for manufacturing food products under unsanitary conditions.  In recent years, DOJ has prosecuted Blue Bell Ice Cream, Chipotle, ConAgra Grocery,...more

MoFo Life Sciences

FDA Final Food Traceability Rule: Overview And Key Takeaways From FDA’s Food Safety Modernization Act Webinar

MoFo Life Sciences on

On November 21, 2022, the U.S. Food and Drug Administration (FDA) officially published its Final Rule: Requirements for Additional Traceability Records for Certain Foods (“Final Rule”) in the Federal Register. The Final Rule...more

Thomas Fox - Compliance Evangelist

Expanding Compliance Obligations of the Board – Part 1: Blue Bell

The role of the Board of Directors has always been a key part of any best practices compliance program. The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have consistently said that a Board’s role...more

The Volkov Law Group

The Fish Rots from its Head Down – Review of Criminal Charges Against Blue Bell’s Former CEO Paul Kruse

The Volkov Law Group on

The often-used phrase of “tone at the top” is inartful in my view – an organization’s leadership culture is defined much more broadly than the word “tone” implies.  A company’s culture extends well beyond senior leadership...more

Society of Corporate Compliance and Ethics...

Keeping food deliveries safe

Report on Supply Chain Compliance 3, no. 10 (May 14, 2020) -... So much of the U.S. shelters in place to help slow the spread of COVID-19, more consumers are using delivery services to get grocery and restaurant...more

Thomas Fox - Compliance Evangelist

Blue Bell: Failures of Role of the Board – Part 2: Caremark Duties

Over the past couple of blog posts, we have considered the guilty pleas by Blue Bell Creameries to charges that they distributed adulterated ice cream products and paid a criminal fine and forfeiture amount totaling $17.25...more

The Volkov Law Group

Chipotle Mexican Grill Enters Three-Year DPA and Pays $25 Million Penalty for Food Safety Violations (Part II of II)

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In the Chipotle Mexican Grill case, DOJ entered into a three-year deferred prosecution agreement (“DPA”) in exchange for the payment of a $25 million penalty stemming from a string of foodborne-illness cases between 2015 and...more

The Volkov Law Group

DOJ Resolves Two Important Food Safety Criminal Cases: Blue Bell Creameries and Chipotle Mexican Grill (Part I of II)

The Volkov Law Group on

In an important set of criminal prosecutions for food safety violations, the Justice Department recently announced resolutions with Blue Bell Creameries and Chipotle Mexican Grill....more

Thomas Fox - Compliance Evangelist

May the Fourth Be With You – Farewell to Blue Bell

May 4th is universally recognized (at least in the universe I inhabit) as Star Wars Day. According to Wikipedia, “May 4 is called Star Wars Day because of the popularity of a common pun spoken on this day. Since the phrase...more

Sheppard Mullin Richter & Hampton LLP

COVID-19 Directors’ Duties of Oversight: Reporting and Monitoring

Boards of directors have a duty to exercise oversight and to monitor the company’s operational viability, legal compliance and financial performance during this COVID-19 pandemic. In Marchand v. Barnhill, the Delaware Supreme...more

Society of Corporate Compliance and Ethics...

FDA sends warning letter to Jimmy John’s

Report on Supply Chain Compliance 3, no. 5 (March 5, 2020) - The United States Food and Drug Administration warned Jimmy John’s Franchise LLC that the corporation has “engaged in a pattern of receiving and offering for sale...more

Society of Corporate Compliance and Ethics...

Supply chain mapping and the transparency wave of the future

On Oct. 1, the U.S. Customs and Border Protection announced withhold release orders covering five imported products from five countries. The companies, ranging from apparel producers in Asia to conflict mineral miners in...more

Dechert LLP

Delaware Supreme Court Reverses Dismissal of Caremark Claim, Finding Lack of Board-Level Oversight and Director Independence

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In Marchand v. Barnhill et al. (“Blue Bell”),1 the Delaware Supreme Court on June 19 unanimously reversed the dismissal of a shareholder derivative lawsuit against the members of the board of directors and two officers of...more

Thomas Fox - Compliance Evangelist

Brazilian Corruption Scandals Continue

The stench of corruption continues to bedevil Brazil, even as the clean-up initiated with Operation Car Wash is ongoing. This time, allegations of bribery and corruption have reached one of Brazil’s most prestigious exports,...more

The Volkov Law Group

Food Safety Criminal Prosecutions: When Compliance is a Matter of Life and Death

The Volkov Law Group on

Over the last ten to twenty years, we have witnessed the expansion of federal criminal prosecution of health and safety matters. Environmental and food and drug regulatory enforcement has been supplemented by aggressive...more

Polsinelli

First FDA FSMA Rules Have Landed; More Likely to Follow by End of Year

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Earlier today, FDA finalized the first set of major rules implementing the Food Safety Modernization Act (FSMA) – regulations addressing current good manufacturing practice (CGMP), hazard analysis, and risk-based preventive...more

Robinson+Cole Manufacturing Law Blog

Department Of Justice (DOJ) Prioritizes Prosecutions Of Food Companies

In the wake of reports about the government’s investigation of Blue Bell Creameries, the United States Department of Justice has issued an ominous warning to food companies: compliance failures will be aggressively...more

Weintraub Tobin

New FDA Strategy Document for FSMA, Food Safety Modernization ACT

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The USDA has issued a new “strategy” document that outlines the agency’s direction with regard to implementing the Food Safety Modernization Act (“FSMA”). The document is intended to “to guide the next phase of FSMA...more

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