News & Analysis as of

Hazardous Substances Food Safety

Dorsey & Whitney LLP

Federal Court Curbs California’s Proposition 65, Giving Some Relief to Businesses Selling Products in California

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California’s Proposition 65 (“Prop 65”), is well-known to companies selling consumer products, including food and beverage items in California. It is common to see Prop 65 warning labels on everything from household...more

Venable LLP

Compliance and Safety: Look to Both When Evaluating the Compositions of Your FDA-Regulated Products

Venable LLP on

The composition of FDA-regulated products is coming under increasing scrutiny from FDA, state governments, consumer watchdog groups, and the plaintiff’s bar. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

FDA Seeks To Remove Petroleum-Based Dyes From US Food Supply

On April 22, 2025, Secretary of Health and Human Services Robert F. Kennedy Jr. and Commissioner of the Food and Drug Administration (FDA) Dr. Martin Makary announced that FDA is taking actions to remove petroleum-based dyes...more

Kelley Drye & Warren LLP

Maine Lawmakers Introduce First-Ever Bill to Limit PFAS in Food

While several states, including Minnesota, Rhode Island, and Maine, have moved to ban per- and polyfluoroalkyl substances (PFAS) in cookware products, no state has yet established specific limits for PFAS levels in food. This...more

Akin Gump Strauss Hauer & Feld LLP

FDA Issues RFI on PFAS in Seafood

On November 19, 2024, FDA issued a request for information (RFI) on per-and polyfluoroalkyl substances (PFAS) in seafood. Specifically, the agency is seeking scientific data and information from the seafood industry and other...more

Fishman Haygood LLP

Concluding that Plaintiffs Had Pleaded Sufficient Facts to Hold Non-Manufacturing Retailer Liable, U.S. Fifth Circuit Reverses...

Fishman Haygood LLP on

A recent Congressional report identified the risk of toxic heavy metal contamination of various brands of commercial baby food. Palmquist v. Hain Celestial Group is one of the first of many cases pending nationwide seeking...more

K&L Gates LLP

Chlormequat Contamination in Food Products Draws Attention

K&L Gates LLP on

Food manufacturers should pay close attention to the recent developments surrounding chlormequat chloride (chlormequat), a chemical that plaintiffs claim has been detected in various food products sold in the United States....more

Morgan Lewis - Well Done

That’s a Wrap: FDA Announces Phase-Out of PFAS in Certain Food-Packaging Materials

The US Food and Drug Administration (FDA) recently announced that manufacturers have completed the voluntarily phase-out of the use of certain per- and polyfluoroalkyl substances (PFAS) in grease-proofing agents for food...more

Holland & Knight LLP

FDA Ramps Up Actions on PFAS

Holland & Knight LLP on

With the completion of the voluntary phaseout of one form of short-chain per- and polyfluoroalkyl substances (PFAS) as a grease-proofing agent, the U.S. Food and Drug Administration (FDA) has rejected the view that...more

BCLP

PFAS in Food Packaging: State-by-state Regulations - Updated March 2024

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In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging...more

Brownstein Hyatt Farber Schreck

Microplastics Bring Macro Concerns to the Food Space

While the term “microplastics” has been making waves in certain circles, especially in the context of seafood and water, broader public unease about their presence in our foods is ramping up at a concerning pace. A recently...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

BCLP

PFAS in Food Packaging: State-by-State Regulations - September 2023

BCLP on

In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging...more

Womble Bond Dickinson

Ramifications of FDA’s Proposed Action Levels for Heavy Metals in Baby Food

Womble Bond Dickinson on

On March 4, 2021, we wrote about lawsuits concerning alleged high levels of heavy metals in baby foods (“Are Your Baby’s Strained Carrots Safe? Considerations for Manufacturers”). A precipitating factor was a staff report...more

Perkins Coie

FDA Publishes Final Rule Requiring Additional Traceability Records for Certain Foods

Perkins Coie on

The U.S. Food and Drug Administration (FDA) published a final rule creating additional recordkeeping requirements for foods listed on the Food Traceability List. The final rule was published in the Federal Register on...more

Wilson Sonsini Goodrich & Rosati

California Enacts Strict New Rules on Packaging Materials

On June 30, 2022, California Governor Gavin Newsom signed into law SB 54, putting into place some of the nation’s strictest, far-reaching regulations on packaging materials. The legislation mandates significantly reduced use...more

Goldberg Segalla

California Court Hears Plaintiff’s Expert Testimony in Bellwether Baby Food Toxic Metals Case

Goldberg Segalla on

On February 3, 2022 a Los Angeles County, California judge concluded an early evidentiary hearing centered on the opinions from four of the plaintiff’s experts in one of the nation’s first lawsuits over baby food allegedly...more

Console and Associates, P.C.

Can Heavy Metals Found in Baby Food Cause Autism? What Parents Need to Know About Toxic Baby Food Lawsuits

Dozens of baby food lawsuits have been filed by families of children diagnosed with autism spectrum disorder (ASD). Here’s what parents should know about the ongoing litigation....more

BCLP

PFAS Update: State Regulation of PFAS in Food Packaging

BCLP on

Seventeen states have either enacted or proposed limitations regarding using PFAS substances in food packaging containers and materials (“Food Packaging”). These regulations are intended to address public and agency concerns...more

Hogan Lovells

FDA issues letter to baby and toddler food manufacturers on chemical hazards

Hogan Lovells on

On 5 March 2021, the U.S. Food and Drug Administration (FDA) issued a letter to baby and toddler food manufacturers and processors covered by the preventive control provisions of the Current Good Manufacturing Practice,...more

Hogan Lovells

FSMA Update: FDA Announces Continuation of Enforcement Discretion for Co-Manufacturer Supplier Verification

Hogan Lovells on

On November 6, 2019, the Food and Drug Administration (FDA) announced in a Constituent Update that it will continue to exercise enforcement discretion with respect to certain supply-chain program requirements applicable to...more

BCLP

PFAS State Snapshot: Vermont PFAS Regulation

BCLP on

Vermont is one of several states that has started regulating per- and polyfluoroalkyl substances (“PFAS”) in drinking water, groundwater, and consumer products. This client alert reflects the status of PFAS regulations in...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019

LEGISLATION, REGULATIONS & STANDARDS - USDA Issues Interim Rule On Hemp Production - The U.S. Department of Agriculture (USDA) has issued an interim final rule “specifying the rules and regulations to produce hemp.” The...more

Hogan Lovells

FSMA Implementation: FDA Launches Food Defense Plan Builder 2.0

Hogan Lovells on

The Food and Drug Administration (FDA) recently announced the launch of an updated version of the Food Defense Plan Builder Version 2.0 (FDPB) to help companies meet the requirements of the final rule “Mitigation Strategies...more

Troutman Pepper

Beverage, Pharma Producers Should Note Recent Settlement Of Pesticide Violations Under FIFRA

Troutman Pepper on

Beverage and pharma producers beware: The U.S. Environmental Protection Agency (EPA) recently has shown an interest in enforcing the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a law traditionally associated...more

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