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GRAS

DLA Piper

Food and Beverage News and Trends - December 2024

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On November 21, the FDA sent its proposed rule on front of package (FOP) nutrition labels to the White House Office of Management and Budget (OMB). FOP labeling has been prioritized by the agency as part of a National...more

Venable LLP

New Center for Veterinary Medicine Final Guidance: Will AAFCO Animal Feed Ingredient Definitions Continue to Be a Safe Harbor for...

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The FDA Center for Veterinary Medicine released the Final Guidance for Industry today for its enforcement policy for AAFCO-defined animal feed ingredients. The big news is that FDA will no longer be reviewing the annual list...more

Husch Blackwell LLP

FDA Allows Longstanding MOU with AAFCO To Expire

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On August 2, 2024, the Association of American Feed Control Officials (“AAFCO”) announced that its Memorandum of Understanding 225-07-7001 (the “MOU”) with the U.S. Food and Drug Administration (“FDA”) outlining the AAFCO...more

Rivkin Radler LLP

The Case of ‘Gas Station Heroin’

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Is It Necessary for Congress to Amend the FD&C Act for FDA to Have the Authority to Prohibit Tianeptine’s Sale? If the answer to this question is “no,” why are bills being introduced into Congress to give the U.S. Food and...more

Foley & Lardner LLP

My Healthy Food Product is Ready to Go to Market – What About its Packaging?

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After formulating an exciting new healthy food or beverage, the packaging it comes in may feel like an afterthought.  It should not be.   Food packaging has become an increasingly hot topic among federal and state regulators,...more

McDermott Will & Emery

Don’t Assume Nonalcoholic Beverage Ingredients Are OK for Alcoholic Beverages

As we enter 2024, more and more brands are joining the nonalcoholic beverage space. An increasing variety of nonalcoholic, single-serve, ready-to-drink beverages are marketing the innovative use of indigenous botanicals,...more

Foley & Lardner LLP

Bringing a New Healthy Food Ingredient to Market: Understanding the Regulatory Pathways

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Whether formulating a new food or developing a novel ingredient, a critical first step is understanding the regulatory framework for bringing a new ingredient (or a food containing a new ingredient) to the market.  This...more

Husch Blackwell LLP

The Future of Functional Foods

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Following the social isolation and public health concerns associated with the COVID-19 pandemic, many Americans reevaluated their health and wellness priorities, creating new opportunities for food systems companies to...more

Sheppard Mullin Richter & Hampton LLP

FDA Moves to End Use of Brominated Vegetable Oil in Food

Within a month of California becoming the first state in the nation to ban manufacturing with, selling, or distributing food items that contain brominated vegetable oil (BVO), FDA has proposed to revoke the regulation...more

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

Console and Associates, P.C.

Workers and Consumers Express Concern Over Potential Link Between Popcorn Lung and Common Consumer Products

Over the past two decades, safety officials have increased their attention towards diacetyl and its potential role in causing bronchiolitis obliterans, commonly known as “popcorn lung.” Initial concerns arose when popcorn...more

American Conference Institute (ACI)

[Event] 7th Advanced Summit on Food Law – Regulation, Compliance and Litigation - April 18th - 19th, Chicago, IL

American Conference Institute is hosting the 7th Annual Advanced Summit on Food Law – Regulation, Compliance, and Litigation from April 18-19, 2023, in Chicago! Prepare for the future by examining current controversies,...more

Hogan Lovells

Homeopathic drug product makers warned to follow FDA premarket and GMP rules

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Last month, the U.S. Food and Drug Administration (FDA) issued the final guidance “Homeopathic Drug Products,” which describes the agency’s approach toward prioritizing regulatory actions against homeopathic products that it...more

Vicente LLP

High-THC Hemp Edibles Are Dangerous and Potentially Deadly: A Cautionary Tale in Minnesota

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On December 5, 2022, the Minnesota Board of Pharmacy filed a lawsuit against three affiliated Minnesota hemp companies seeking condemnation and destruction of several million dollars worth of gummy edibles. Ironically named...more

Hogan Lovells

FDA issues notable new round of warning letters involving foods with added CBD

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On November 16, 2022, the United States Food and Drug Administration (FDA) issued Warning Letters to five companies that market food and beverage products containing cannabidiol (CBD). FDA takes the position that the...more

Vicente LLP

Lessons Learned from the Regulation of CBD Products in the United Kingdom

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As of January 2019, all consumable CBD products—including extracts and isolates—were confirmed as novel foods for England and Wales, and therefore must be approved by the Food Standards Agency (FSA) before they can be sold...more

Wiley Rein LLP

[Podcast] Cellular Agriculture and the Evolving Legal/Regulatory Landscape: A Conversation with Ahmed Khan

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On this episode of “Food for Thought and Thoughts on Food,” Ann Begley and Amaru Sanchez join to discuss regulatory and commercialization challenges facing novel foods today. The pair interview Ahmed Khan, Founder and Editor...more

Vicente LLP

FDA Enforcement Action Targeted at Hemp-Derived Delta-8 Products

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On May 4, 2022, the FDA issued five warning letters to companies for selling products containing hemp-derived Delta-8 THC. Notably, this is the first time the FDA has issued warning letters specifically for Delta-8 products....more

King & Spalding

The Issue of Phthalates in Food Packaging and Processing Heats Up

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In recent decades, the use of plastics has proliferated. Overall, they have shown to provide a cost-friendly, durable and versatile solution to many consumer needs across virtually all categories of products regulated by the...more

Vicente LLP

Financing Adaptogenic Mushroom Companies: Seven Basic Regulatory Points to Understand

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Aside from a small number of companies the FDA has permitted to pursue the development of psilocybin therapies (e.g., Compass), the majority of psychedelic mushroom sales in the U.S. currently violate both state and federal...more

Morrison & Foerster LLP

Alternative Protein - A Comparison of the Regulation of Insect Protein as Food and Feed

This article follows our introduction to the alternative protein industry and the legal considerations for companies and investors operating within it. The focus of this article is on the regulation of insects as food and...more

Hogan Lovells

Federal Court Sides with FDA and Upholds GRAS Rule

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The U.S. District Court for the Southern District of New York granted the U.S. Food and Drug Administration’s (FDA or the Agency) motion for summary judgment on September 30, 2021, against claims brought by a group of...more

King & Spalding

Selling CBD-Infused Products Might Be Riskier Than You Think

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The global cannabidiol (CBD) market size is expected to reach USD 13.4 billion by 2028. And yet a large part of that market—CBD-infused food, beverages, and dietary supplements—consists of unlawful sales. This article...more

Morgan Lewis - As Prescribed

FDA Issues MAPP for Reviewing Color Additives and Flavors in Oral Drug Products

FDA’s Office of Pharmaceutical Quality (OPQ) issued a new Manual of Policies and Procedures (MAPP) in June explaining the agency’s internal procedures for evaluating color additives and flavors in an oral drug product...more

Hogan Lovells

FDA releases priority list of food guidance documents FDA intends to publish by June 2022

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The U.S. Food and Drug Administration’s (FDA) Center for Food Safety and Applied Nutrition (CFSAN) and Office of Food Policy and Response (OFPR) recently released a list of priority draft and final guidance documents that the...more

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