Food & Beverage Litigation & Regulatory Update

Tag: FDA

  • Attorneys General Urge FDA, USDA to Take Action on Heavy Metals in Baby Food

    The attorneys general of 22 states have submitted a letter to the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) asserting that the agencies “are not sufficiently prioritizing a public health problem long overdue for robust action: children’s exposure to neurotoxic heavy metals (lead, arsenic, cadmium, and mercury) through foods specifically designed…

  • Attorneys General File for Reconsideration of Heavy Metals Petition

    The attorneys general of 21 states have filed a petition for reconsideration for a citizen petition denied May 2, 2022, that urged the U.S. Food and Drug Administration (FDA) “to adopt a series of interim guidance measures intended to complement the long-term approach of the Closer to Zero Plan,” which aims to reduce the amount…

  • Politico Investigates FDA’s Actions on Food

    Politico has published a report on the U.S. Food and Drug Administration (FDA) based on more than 50 interviews with current and former employees of the agency, including former FDA commissioners. “There is a remarkable level of consensus that the agency is simply not working,” states the report. “Current and former officials and industry professionals…

  • FDA Issues Draft Guidance on Non-Major Food Allergens

    The U.S. Food and Drug Administration (FDA) has issued draft guidance on how it will evaluate the public health importance of a food allergen not listed as a major food allergen. Topics in the guidance include (i) scientific factors FDA will consider; (ii) what types of information will be relevant to the labeling and production…

  • Johnson to Present a Year in Review on Food and Dietary Supplement Regulations

    Shook Of Counsel John Johnson III will co-present “Food and Dietary Supplement Regulation Year-in-Review” on Wednesday, March 30, 2022, at the Food and Dietary Supplement Safety and Regulation Conference. The conference, which takes place March 30-31, will be presented virtually by the Food and Drug Law Institute. “This session will recap the most significant recent…

  • FDA to Research Use of “Healthy” Symbol

    The U.S. Food and Drug Administration (FDA) has announced that it will conduct quantitative consumer research on the use of “voluntary symbols that could be used in the future to convey the nutrient content claim ‘healthy.’” The agency is simultaneously “developing a proposed rule that would update when manufacturers may use the ‘healthy’ nutrient content…

  • Yogurt Standard of Identity Updated to Allow for Technological Advancements

    The U.S. Food and Drug Administration (FDA) has issued a final rule amending the acceptable qualities of food labeled as yogurt. Under the rule, the standards of identity for lowfat and nonfat yogurt will be combined with the general definition; in addition, the list of allowable ingredients has expanded to include additional substances such as…

  • FDA Issues Guidance on FSMA Enforcement

    The U.S. Food and Drug Administration (FDA) has issued guidance indicating that it will not enforce particular provisions implementing the Food Safety Modernization Act (FSMA). “In certain situations the FDA has determined it is appropriate to take time to consider options, including rulemaking, to address concerns raised by stakeholders, while continuing to protect public health,”…