Category: FDA
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FDA to Solicit Public Input on Supplemental Proposed Rules Under FSMA
The U.S. Food and Drug Administration (FDA) has scheduled a November 13, 2014, public meeting in College Park, Maryland, to solicit stakeholder comments and respond to questions about revisions to four rules first proposed in 2013 to implement the Food Safety Modernization Act (FSMA). The proposals address (i) Preventive Controls for Human Food, (ii) Produce…
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Shook Lawyers Address Tomato Growers’ Taking Claim Ruling in Law360
Agribusiness & Food Safety Associates Ann Havelka and Jara Settles have co-authored an article titled “FDA Warning Isn’t Enough Proof for Takings Claim” published on October 17, 2014, by Law360. The authors discuss a recent Court of Federal Claims ruling that rebuffed a takings claim filed by tomato growers who alleged that a 2008 Food and…
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Advocacy Groups Petition FDA for Ban on Chemicals Used in Food Contact Materials
The Natural Resources Defense Council (NRDC) has joined the Center for Science in the Public Interest and other consumer groups in petitioning the U.S. Food and Drug Administration (FDA) to remove several chemicals from food contact materials. The first food additive petition asks FDA to promulgate a new rule “prohibiting the use of perchlorate as a…
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Claims Trimmed in Mott’s “No Sugar Added” Putative Class Action
A California federal court has granted in part and denied in part a motion for summary judgment in a lawsuit alleging that Mott’s violated the U.S. Food and Drug Administration’s (FDA’s) and California’s Sherman Law standards on the use of “no sugar added” on food packaging. Rahman v. Mott’s LLP, No. 13-3482 (N.D. Cal., order…
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FDA Schedules Meeting of the National Center for Toxicological Research’s Science Advisory Board
The U.S. Food and Drug Administration (FDA) has scheduled a meeting of the Science Advisory Board (SAB) to the National Center for Toxicological Research (NCTR) for November 6-7, 2014, at NCTR’s research campus in Jefferson, Arkansas. Public sessions of the two-day meeting will include the NCTR director’s update on scientific initiatives; a report from the…
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FDA Warnings on Salmonella in Tomatoes Not a Taking, Court Says
The U.S. Court of Federal Claims has ruled that the U.S. Food and Drug Administration (FDA) is not required to compensate tomato growers for a regulatory taking after incorrectly warning the public in 2008 that a Salmonella outbreak was linked to tomatoes. Dimare Fresh Inc. v. U.S., No. 13-519 (Fed. Cl., order entered September 18,…
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FDA Looks to Ease FSMA Burdens
To ease producer burdens under the Food Safety Modernization Act (FSMA), the U.S. Food and Drug Administration (FDA) has revised four proposed rules related to produce safety; preventive controls for human food and animal food; and the foreign supplier verification program. After receiving feedback from consumers and industry stakeholders, the agency has (i) updated water quality…
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NRDC Seeks Rehearing in FDA Livestock Antibiotic Litigation
The Natural Resources Defense Council (NRDC) and other groups have requested that the Second Circuit Court of Appeals reconsider its decision that the U.S. Food and Drug Administration (FDA) is not required to begin proceedings to withdraw approval of certain antibiotics in livestock feed. NRDC Inc. v. FDA, No. 12-2106 (2d Cir., petition filed September 8, 2014).…