Category: FDA
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FDA Issues Final Rule for “Gluten-Free” Labeling
The U.S. Food and Drug Administration (FDA) has issued a final rule defining the term “gluten-free” for voluntary food labeling. Among other things, the rule defines “gluten-free” to mean that a food does not contain (i) an ingredient that is a gluten-containing grain (e.g., spelt wheat); (ii) an ingredient derived from a gluten-containing grain that…
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Court Dismisses Consumer Fraud Claims Against Soy Yogurt Maker
A federal court in California has dismissed without prejudice a putative class action alleging that Wholesoy & Co. misleads consumers by (i) listing “organic evaporated cane juice” instead of “sugar” or “dried cane syrup” as an ingredient on its soy yogurt products in violation of Food and Drug Administration (FDA) labeling rules, and (ii) marketing…
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FDA Seeks Information on Salmonella Risk from Tree Nuts
The Food and Drug Administration (FDA) has issued a request for comments, scientific data and information to use in risk assessment of human salmonellosis associated with the consumption of tree nuts, including almonds, cashews, pistachios, pine nuts, Brazil nuts, macadamia nuts, and walnuts. The risk assessment seeks to quantify the public health risk associated with…
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FDA Updates Guidance on Salmonella in Animal Food
The Food and Drug Administration (FDA) has published new guidance on Salmonella-contaminated food for animals. Titled “Compliance Policy Guide Sec. 690.800 Salmonella in Food for Animals” (CPG), the guidance finalizes the draft CPG that was announced in August 2010 and includes the following changes: (i) the title has changed from “Salmonella in Animal Feed” to “Salmonella in…
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FDA Finalizes Rule on BPA in Infant Formula Packaging
The Food and Drug Administration (FDA) has issued a final rule amending 21 C.F.R. 175.300 to reflect the industry’s abandonment of bisphenol A (BPA)- based epoxy resins as coatings in infant formula packaging. As of July 12, 2013, the food additive regulations will no longer provide for this use of BPA. According to FDA, its…
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Court Imposes Food Safety Rulemaking Deadline on FDA
Finding the Food and Drug Administration’s (FDA’s) proposed “target time-frames” “an inadequate response to the request that the parties submit a proposal regarding deadlines that can form the basis of an injunction,” a federal court in California will require the agency to publish all proposed regulations required under the Food Safety Modernization Act by November…
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Advocates Spar with FDA over FSMA Rulemaking Deadlines
The Center for Food Safety and the Food and Drug Administration (FDA) have filed separate proposals to implement a court order requiring the agency to complete its rulemaking under the Food Safety Modernization Act (FSMA) after finding that FDA had violated the law by failing to meet its rulemaking deadlines. Ctr. for Food Safety v.…
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Court Considers Stay of GM Labeling Lawsuit Under Primary Jurisdiction Doctrine
A federal judge in California has notified the parties to a consumer-fraud action against the company that makes Mission® tortilla chips of her inclination to stay the litigation for six months and refer to the Food and Drug Administration (FDA) the question “whether products containing GMO [genetically modified organisms] or bioengineered ingredients may properly be…