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Food & Beverage Litigation & Regulatory Update

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  • Senators Introduce Baby Food Safety Act

    U.S. Sens. Amy Klobuchar (D-Minn.) and Tammy Duckworth (D-Ill.) have introduced the Baby Food Safety Act of 2021, which aims to “require manufacturers of infant and toddler food to implement preventive controls to comply with performance standards under Section 104 of the FDA Food Safety Modernization Act (FSMA).” The act would establish action levels for…

  • OEHHA to List PFOA on Prop. 65 List

    The California Office of Environmental Health Hazard Assessment (OEHHA) has announced that it intends to add perfluorooctanoic acid (PFOA) to the list of substances known to cause cancer or reproductive harm under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). PFOA, known as a “forever chemical,” can be found in…

  • EFSA Releases Guidance on Allergen Labeling, GMOs, Infant Formula, More

    The European Food Safety Authority (EFSA) has released several guidance documents to aid stakeholders in complying with EU regulations on food issues implemented on March 27, 2021. The publications provide guidance on: Applying for an exemption from mandatory food allergen labeling; Renewing applications for genetically modified organisms (GMOs) in food and feed; Preparing applications for…

  • Bill Limiting Meatpacking Line Speeds Reintroduced

    U.S. Sen. Cory Booker (D-N.J.) and Reps. Rosa DeLauro (D-Conn.) and Bennie Thompson (D-Miss.) have reintroduced the Safe Line Speeds During COVID-19 Act “to protect worker, consumer, and animal safety by suspending all current and future [U.S. Department of Agriculture] waivers and regulations that allow companies to increase production line speeds at meatpacking plants during…

  • USDA Announces Codex Meetings on Food Additives and Contaminants

    The U.S. Department of Agriculture (USDA) has announced public meetings to discuss U.S. positions for Codex Alimentarius Commission sessions on food contaminants and additives. The contaminants meeting will be held April 12, 2021, and will address issues such as maximum levels of cadmium in chocolate, levels of lead in multiple food categories, radioactivity in water,…

  • A Taste of FDA’s 2021 Food Priorities: Undeclared Major Food Allergens

    By Associate Anna El-Zein & Of Counsel John Johnson III Recent actions by the U.S. Food and Drug Administration (FDA) suggest that, in 2021, the Agency will sharpen its focus on enforcement efforts to ensure packaged foods appropriately declare the presence of major food allergens. In a series of high-profile warning letters and press releases,…

  • FDA Announces Actions on Metals in Baby Food

    The U.S. Food and Drug Administration (FDA) has responded to the House report on levels of heavy metals in baby food with the promise of additional action. The FDA statement notes, “First, today we issued a letter to industry reminding manufacturers of these types of foods of their existing responsibilities related to these efforts. Secondly,…

  • USDA Reviewing Agency Inspections of Meatpacking Plants During COVID-19 Pandemic

    The U.S. Department of Agriculture’s (USDA’s) inspector general will reportedly review how the agency handled inspections during the COVID-19 pandemic, according to The Washington Post. The probe will review how the Food Safety and Inspection Service spent $33 million in extra funding provided by Congress in March 2020, including what precautions were taken to protect the…

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