Food & Beverage Litigation & Regulatory Update

Category: FDA

  • FDA Amends Food Additive Regulations to Provide for Safe Use of Folic Acid in Corn Masa Flour

    The U.S. Food and Drug Administration (FDA) has approved folic acid fortification of corn masa flour in response to a 2012 petition from the March of Dimes Foundation, National Council of La Raza and other groups. FDA’s action allows manufacturers to voluntarily add up to 0.7 milligrams of folic acid per pound of corn masa…

  • Environmental Groups Sue FDA over GE Salmon Approval

    Food and Water Watch, the Center for Food Safety, Friends of the Earth and other consumer and environmental groups have filed a lawsuit against the U.S. Food and Drug Administration (FDA) arguing the agency approved the use of genetically engineered (GE) salmon AquaBounty for human consumption without properly investigating related environmental risks. Inst. for Fisheries…

  • Consumer Organizations Sue to Compel FDA Action on Perchlorate

    Several consumer organizations, including the Center for Food Safety, Environmental Working Group and Natural Resources Defense Council, have filed a petition for a writ of mandamus in the U.S. Court of Appeals for the Ninth Circuit seeking a writ compelling the U.S. Food and Drug Administration (FDA) to address the groups’ administrative petition filed in…

  • FDA Issues Sixth Major Rule Under FSMA

    The U.S. Food and Drug Administration (FDA) has issued a finalized rule under the Food Safety Modernization Act (FSMA) that is intended to help prevent the contamination of human and animal food during transportation. Among other things, the sanitary transportation rule requires those transporting food by motor or rail vehicle to follow recognized best practices…

  • FDA Issues Draft Guidance on Inorganic Arsenic in Rice Cereals for Infants

    The U.S. Food and Drug Administration (FDA) has issued draft guidance proposing an action level of 100 µg/kg for inorganic arsenic in rice cereals for infants. The agency has also released supporting documentation for its proposal as well as a risk assessment that includes (i) “a quantitative estimate of lung and bladder cancer risk from…

  • CSPI Urges FDA to Mandate Warning Labels on Foods Containing Synthetic Food Coloring

    The Center for Science in the Public Interest (CSPI) has called on the U.S. Food and Drug Administration (FDA) to require labeling on foods containing synthetic food dyes such as FD&C Green 3 and FD&C Blue 2. CSPI’s latest move follows its January 2016 publication of a report critical of FDA’s inattention to food dyes…

  • FDA Delays Menu Labeling Enforcement

    The U.S. Food and Drug Administration (FDA) has announced that two rules requiring calorie information to be listed on menus and menu boards in chain restaurants will not be enforced December 1, 2016, as initially planned, but will instead be delayed until one year after final guidance is issued. The announcement credits the omnibus appropriations…

  • FDA Issues Acrylamide Guidance

    The U.S. Food and Drug Administration has issued guidance titled “Acrylamide in Foods” that finalizes a November 2013 draft on the topic. The document provides information about reducing acrylamide in potato-based, cereal-based and other foods as well as information to provide consumers on cooking packaged frozen french fries. See Federal Register, March 11, 2016.  …