Food & Beverage Litigation & Regulatory Update

Category: FDA

  • Proposal Would Move Food Regulation to USDA

    As part of a proposal to reorganize several federal agencies, the Trump administration has recommended that food-safety regulatory oversight be shifted to the U.S. Department of Agriculture (USDA), combining the agency’s Food Safety and Inspection Service (FSIS) with the current food purview of the Food and Drug Administration (FDA). According to the proposal, the Government Accountability…

  • FDA Releases Guidance on Protecting Against Food-Supply Attacks

    The U.S. Food and Drug Administration (FDA) has released draft guidance on intentional adulteration of the food supply. The guidance aims to help manufacturers develop and implement plans to protect their products by providing details on the components of a food defense plan, including vulnerability assessments, mitigation strategies and training requirements. Large businesses must have…

  • FDA to Hold Public Meeting on Cultured Meat

    The U.S. Food and Drug Administration will host a public meeting on cultured meat, poultry and seafood on July 12, 2018. In a press release, FDA Commissioner Scott Gottlieb asserted that the agency governs “both substances used in the manufacture of these products of animal cell culture technology and the products themselves that will be…

  • FDA Releases Guidance on Dietary Fiber Labeling

    The U.S. Food and Drug Administration has released guidance identifying eight non-digestible carbohydrates that the agency intends to add to its list of dietary fibers—including mixed plant cell wall fibers, alginate, polydextrose and resistant maltodextrin/dextrin—because the agency has “tentatively determined that they have physiological effects that are beneficial to human health.” These additions “provide industry…

  • FDA Affirms Decision Banning PHOs in Foods

    The U.S. Food and Drug Administration (FDA) has confirmed its 2015 decision removing partially hydrogenated oils (PHOs) from generally recognized as safe status by denying a food additive petition seeking approval for the use of PHOs in some foods. The agency also extended the June 2018 compliance date for removing PHOs from food, citing trade…

  • FDA Issues Supplemental Guidance for Menu Nutrition Labels

    The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of FDA’s intent to exercise discretion regarding nutrient declarations for calories from fat. FDA has taken this position “because the current science supports a view that the type of fat is more relevant…

  • FDA Extends Compliance Dates For Updated Nutrition Labels

    The U.S. Food and Drug Administration (FDA) has extended the compliance date for its changes to food nutrition labels. The extension applies to rules on (i) providing updated nutrition labeling on food; (ii) defining a single-serving container; (iii) requiring dual-column labeling for certain containers; (iv) updating, modifying and establishing certain reference amounts customarily consumed; and…

  • FDA Changes Common Name for Crabmeat

    The U.S. Food and Drug Administration (FDA) has announced a change to the common name “brown king crabmeat,” derived from Lithodes aequispinus. Effective May 3, 2018, the common and usual name for crabmeat previously described as “brown king crabmeat” has been changed to “golden king crabmeat.” The compliance date for the changes is January 1, 2020.