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Product Labels Food and Drug Administration (FDA)

Alston & Bird

FDA Seeks to Reform Approach to Regulation of Ingredients Used in Animal Food

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With the memorandum of understanding between the Food and Drug Administration (FDA) and the Association of Animal Feed Control Officials (AAFCO) set to expire, the FDA is proposing an alternative path to market for the...more

Troutman Pepper

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

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In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

DLA Piper

Microplastics Allegations “Don’t Hold Water”: Illinois District Court Tosses Claims Against Bluetriton Brands

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A recent opinion from the Northern District of Illinois may dampen the prospects of plaintiffs seeking to challenge the labeling of bottled water and other beverages based on the alleged presence of microplastics....more

Integral Consulting Inc.

Can This Product Hurt Me? Assessing Health Risk in Certain Personal Care Products

Personal care products include a wide range of items such as cosmetics, skin care products, hair care products, deodorants, and more. Two of the largest segments of these products are shampoo and hair dye. In 2022, there were...more

Perkins Coie

FDA and FTC Issue Joint Warning Letters for Copycat Delta-8 THC Food Products

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The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters on July 16, 2024, to five companies for illegally selling and introducing into the market copycat food products...more

Cozen O'Connor

Nebraska AG Settles Delta-8 Lawsuits Against Four Retailers

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Nebraska AG Mike Hilgers has announced four additional settlements in a series of lawsuits filed against retailers for allegedly selling mislabeled and harmful products containing synthetic THC in violation of Nebraska’s...more

Clark Hill PLC

The Learned Concierge - July 2024, Vol. 10

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

ArentFox Schiff

MoCRA Compliance: Key Legal Issues for Fashion Houses with Cosmetics

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As we have reported at length, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) imposed extensive new requirements related to cosmetic products marketed in the United States. As compliance deadlines for these new...more

Wiley Rein LLP

Time’s Up! Cosmetic Facilities Must Comply With FDA’s New Registration Requirements by July 1

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The July 1, 2024 deadline is fast approaching for cosmetic product manufacturers to comply with new registration and listing requirements under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). Passage of the...more

Arnall Golden Gregory LLP

Magic’s in the Makeup: FDA Modernizes Cosmetic Product Labeling Requirements

“Can’t be good for my health,” a song lyric from Gwen Stefani and No Doubt’s early 2000s single, “Magic’s in the Makeup,” comes to mind when we think of the Food and Drug Administration’s possible motives for recent...more

Alston & Bird

Food & Beverage Digest – Spring 2024: Juicier Than Ever

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In the spring edition of the Food & Beverage Digest, our roundup of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, we ponder the significance of insignificant, real...more

Husch Blackwell LLP

Legal Implications Following the FDA’s Release of Data on Talc-Containing Cosmetics, Which Confirm Absence of Asbestos for Third...

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In April, the U.S. Food and Drug Administration (FDA) released the results of its 2023 sampling assignment, testing for asbestos in talc-containing products. The results confirmed the absence of asbestos in all 50 samples...more

Axinn, Veltrop & Harkrider LLP

Rethinking Interchangeability, Top Cases, and Battling Misinformation at FDLI’s Annual Conference

1 Last week, the Food and Drug Law Institute held its Annual Conference while also celebrating its 75th anniversary. There, members of FDA and industry players gathered to discuss the latest legal, policy, and regulatory...more

Foley & Lardner LLP

Some Judges Have — Naturally — Grown Skeptical of False Advertising Class Actions Challenging “Natural” Labels

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Among recent trends in consumer product false advertising class actions has been the rise in cases alleging false advertising for products touting ingredients as “all natural” or “100% natural.” These lawsuits often point to...more

Morrison & Foerster LLP

Implied Preemption for Dietary Supplements Is Here to Stay

On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The...more

Dickinson Wright

Look Before You Leap – Early Determination of Product Classification and Regulatory Pathway for FDA-Regulated Products

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Originally published in Healthcare Michigan, Volume 41,  No. 4 - The Food and Drug Administration (FDA) regulates foods and beverages, drugs and medical devices, biologics, dietary supplements, tobacco products, veterinary...more

Alston & Bird

New Law Provides Food & Beverage Industry Protection Against Lawsuits Challenging “Healthy” Claims During Ongoing FDA Rulemaking

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Our Food & Beverage Team reports good news for the industry: product labels can follow either the Food and Drug Administration’s current version or any new version of a rule defining “healthy.”...more

Alston & Bird

FDA Proposes to Overhaul Labeling Requirements for Approved or Conditionally Approved New Animal Drugs

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Nearly five decades after the FDA last reorganized animal drug labeling regulations, the agency has released a proposal to revise the requirements for the content and format of labeling for approved or conditionally approved...more

Husch Blackwell LLP

FDA Announces New Qualified Health Claim for Yogurt Products – With Limitations

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Marketers of yogurt products may celebrate the latest approval by the Food and Drug Administration (“FDA”) of a new qualified health claim related to the consumption of yogurt and type 2 diabetes. However, producers of such...more

Morgan Lewis - Well Done

Yogurt and Type Two Diabetes: FDA Serves Up New Qualified Health Claim

The US Food and Drug Administration (FDA) recently announced in a letter of enforcement discretion its decision not to challenge certain qualified health claims regarding the consumption of yogurt and reduced risk of type two...more

Perkins Coie

Dietary Supplements: FDA Renames and Updates Ingredient Directory

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The FDA recently launched an updated dietary supplement ingredient directory titled "Information on Select Dietary Supplement Ingredients and Other Substances," replacing FDA’s "Dietary Supplement Ingredient Directory,"...more

Epstein Becker & Green

FDA Releases Updated Directory on Select Dietary Supplement Ingredients

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Whether a consumer is taking calcium carbonate for strong bones, magnesium to fall asleep, or high-dose caffeine to stay awake, the U.S. Food and Drug Administration (FDA) does not approve dietary supplements for safety and...more

Wiley Rein LLP

FCC Continues Push to Establish IoT Cyber Trust Mark Program

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On February 22, 2024, the Federal Communications Commission (FCC or “Commission”) released a Public Draft of a Report and Order that, if adopted, would establish a voluntary labeling program for Internet of Things (IoT)...more

Blank Rome LLP

FDA Make-Over of Cosmetics Regulations is Not Limited to Cosmetics Businesses

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The Food and Drug Administration (“FDA”) will begin enforcement of the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”) on July 1, 2024. MoCRA represents the biggest regulatory overhaul for the cosmetics industry...more

Foley Hoag LLP

Product Liability Update - January 2024

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MASSACHUSETTS - First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more

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