News & Analysis as of

Food Safety Enforcement Actions

Perkins Coie

FDA Releases Public Inventory of Unapproved Food Additives

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The U.S. Food and Drug Administration (FDA) released a public inventory on July 12, 2023, of certain food ingredients that the agency has determined are unsafe because they are unapproved food additives that are not Generally...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

Alston & Bird

$19 Million Criminal Penalty Levied Against Food Manufacturer Serves as a Stark Reminder of the Importance of Food Safety...

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A salmonella outbreak that sickened hundreds brought the largest criminal penalty ever imposed following a criminal conviction in a food safety case. Our Food & Beverage and White Collar, Government & Internal Investigations...more

Sheppard Mullin Richter & Hampton LLP

EU Bans Whitening Food Additive E171 as of January 1, 2022

Starting January 1, 2022, the use of E171 titanium dioxide as a food additive will be banned in Europe. The European Commission’s proposal to ban E171 in food products throughout the European Union was approved a few weeks...more

Farella Braun + Martel LLP

The FASTER Act: What Companies Need to Know about the New Food Allergy Law

While the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) only makes a minor change to add sesame as a major food allergen, it signals the government’s intent to closely examine food allergen...more

Faegre Drinker Biddle & Reath LLP

FDA Announces Increased Inspections and Enforcement Actions, Additional Guidance to Reduce Toxic Elements in Food for Babies and...

On March 5, 2021, FDA issued a public statement announcing regulatory actions to reduce toxic elements — with a particular focus on arsenic, lead, cadmium and mercury — in food for babies and young children. FDA cited the...more

Hogan Lovells

Recent FDA Warning Letters focus on inadequate allergen controls following undeclared allergen recalls

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The U.S. Food and Drug Administration (FDA) recently issued a fifth Warning Letter related to allergen labeling, continuing a series of Warning letters in the past six months that cite companies for failing to “identify and...more

Hogan Lovells

Chipotle Mexican Grill Enters into Deferred Prosecution Agreement to Resolve Charges Related to Foodborne Illness Outbreaks

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On April 21, 2020, Chipotle Mexican Grill, Inc. (Chipotle) and the U.S. Department of Justice (DOJ) entered into a three-year deferred prosecution agreement (DPA) in connection with norovirus and Clostridium perfringens...more

Harris Beach PLLC

FDA Focuses on Compliance, not Enforcement, with Enforcement Discretion of New Labeling Rules for Nutrition Facts and Supplement...

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The deadline to comply with the Food and Drug Administration’s (FDA) Nutrition Facts and Supplement Facts label final rules is quickly approaching. Per the new rules, companies with annual sales totaling $10 million or more...more

Hogan Lovells

FDA Announces Form of Enforcement Discretion for First Six Months After New Nutrition Labeling Rule Compliance Date

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Today, the U.S. Food and Drug Administration (FDA) updated its “Industry Resources on the Changes to the Nutrition Facts Label” webpage questions and answers, stating that the agency does not intend to take enforcement...more

Wilson Sonsini Goodrich & Rosati

First FSVP Warning Letter Issued by the FDA

In a signal to industry that the period for education and enforcement discretion related to the Foreign Supplier Verification Programs (FSVP) may be concluding, the Food and Drug Administration (FDA) recently issued its first...more

Hogan Lovells

FDA Issues First Warning Letter for Foreign Supplier Verification Program Violations under FSMA

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The U.S. Food and Drug Administration (FDA) recently issued the first Warning Letter addressing violations of the Foreign Supplier Verification Program (FSVP) rule, one of the seven major FDA Food Safety Modernization Act...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letter to CBD Co. for Unsubstantiated Claims - The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for “illegally selling...more

Holland & Knight LLP

FDA Issues Statement on Cannabis Regulation and Announces Public Hearing

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On April 2, 2019, FDA outlined new steps to advance review of potential regulatory pathways for cannabis-containing and cannabis-derived products. In a statement issued by Commissioner Scott Gottlieb, released in conjunction...more

Knobbe Martens

FDA and USDA Enter into Formal Agreement to Jointly Regulate Cell-Cultured Food Products

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On March 7, 2019, the U.S. Food and Drug Administration (FDA) and the U.S. Food Safety and Inspection Service (FSIS) announced a formal agreement, in the form of a memorandum of understanding (MOU), to jointly regulate the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2018 #3

LEGISLATION, REGULATIONS & STANDARDS - California Passes Cage-Free Eggs Mandate - California residents voted to pass a measure that will require by 2022 that all eggs sold in the state come from cage-free hens. ...more

Akin Gump Strauss Hauer & Feld LLP

A Client's Guide to FDA Inspections

A Food and Drug Administration (FDA) inspector has just knocked on your door and announced that he or she will now inspect your facility. What happens before, during and after this inspection, and what should your firm do to...more

Kelley Drye & Warren LLP

FDA: Still in Action on Food Safety Violations

Vigorous food safety enforcement for basic violations continues under the leadership of new FDA Commissioner, Dr. Scott Gottlieb. On June 20, on the heels of an adverse FDA inspection, FDA announced that the U.S. Marshals...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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