• where experts go to learn about FDA
  • Foods

    • California Proposition 65 Reform Clears First HurdleJune 11th, 2013

      By Riëtte van Laack – On Friday, May 24, 2013, the California Assembly unanimously voted (72-0) for bill AB 227, amending Proposition 65 by including a new provision allowing certain small business owners 14 days to fix an alleged violation of Proposition 65’s warning requirements.  AB …

    • Environmental Seals & Certifications: Perfection Need Not Be the Enemy of GoodJune 6th, 2013

      Environmental seals and certifications have received renewed attention recently.  The Federal Trade Commission (“FTC”), last week, submitted comments to a private group that is in the process of revising its certification program for “sustainable” seafood.  The FTC did not take a stance on the program, …

    • 2015 Dietary Guidelines Deliberations Get UnderwayJune 3rd, 2013

      By Ricardo Carvajal – DHHS and USDA announced the inaugural meeting of the 2015 Dietary Guidelines Advisory Committee (DGAC), scheduled for June 13-14.  At the inaugural meeting, the DGAC will be provided with an orientation to the process for revising the Dietary Guidelines (revisions take place …

    • Recent Kellogg Class Action Settlement is a Reminder that Litigation Over Advertising Claims Often Comes in Several WavesMay 31st, 2013

      By JP Ellison – You may not recall our prior April 2009 blog post about the FTC’s settlement with Kellogg over its marketing campaign for Frosted Mini-Wheats.  To briefly recap, Kellogg had claimed that “its cereal was “clinically shown to improve kids’ attentiveness by nearly …

    • Fight for Raw Milk Churns OnMay 23rd, 2013

      By Ricardo Carvajal – A fight that started as a citizen petition asking FDA to permit the interstate sale of raw milk under limited circumstances is now being waged in federal court.  In 2008, raw milk advocates and the Organic Pastures Dairy Company ("OPDC") petitioned FDA …

    • Third Circuit Holds that the FDC Act Preempts Class Action Regarding Absence of Trans Fat and Cholesterol Reducing EffectMay 16th, 2013

      By Riëtte van Laack – On May 9, 2013, the U.S. Court of Appeals for the Third Circuit affirmed a District Court’s decision that a state law class action concerning claims regarding the absence of trans fat and cholesterol lowering effect was preempted. The case, Young v. …

    • FDA Deploys Section 301(ll) in Battle Against DMAAMay 16th, 2013

      By Ricardo Carvajal & Wes Siegner – A year ago, FDA issued a warning letter to USPlabs alleging that certain products containing dimethylamylamine ("DMAA") that were marketed as dietary supplements were adulterated because (1) DMAA is a new dietary ingredient ("NDI") for which no notification had …

    • Labeling of GE Foods on the Horizon?May 9th, 2013

      By Riëtte van Laack – Senator Barbara Boxer (D-Calif.) and Representative Peter DeFazio (D-Ore.) recently introduced the Genetically Engineered Food Right-to-Know Act (S. 809 and H.R. 1699) that would direct FDA to require labeling to identify genetically engineered (“GE”) foods “so that consumers can make informed …

    • FDA Releases Third Annual Report on the Reportable Food RegistryMay 6th, 2013

      By Ricardo Carvajal – FDA’s third annual report on the Reportable Food Registry (RFR) confirms the major patterns observed in the first two annual reports: foodborne pathogens and undeclared major food allergens (MFAs) continue to account for the vast majority of RFR entries (Salmonella accounted …

    • FDA Held In Violation of APA for Delay in Issuing FSMA RegulationsApril 24th, 2013

      By Ricardo Carvajal – The U.S. District Court for the Northern District of California granted summary judgment to the Center for Food Safety and Center for Environmental Health in their lawsuit (see our previous post here) alleging that FDA’s delay in issuing regulations to implement …

    • FDA Reportedly Extends Comment Period on FSMA Rules; Comments Requested on Facility Registration CPGApril 22nd, 2013

      By Ricardo Carvajal – FDA reportedly intends to extend the comment period on the preventive controls and produce safety proposed rules by an additional 120 days (the comment period was scheduled to expire on May 16).  The extension was requested in a letter by the …

    • When is a Website Considered Labeling?April 16th, 2013

      By Ricardo Carvajal – Our colleagues at the Drug and Device Law Blog recently blogged on the decision in Wilson v. Frito-Lay North America, Inc., a false advertising case out of the Northern District of California in which the court held that statements on a food …

    • Federal Judge Grants Defendants’ Motion for Summary Judgment in “All Natural” LawsuitApril 10th, 2013

       By Riëtte van Laack – On March 28, U.S. District Court Judge Richard Seeborg of the Northern District of California entered summary judgment for the defendants in a 2010 class-action lawsuit which had alleged that defendants misrepresented AriZona Iced Tea beverages containing “man-made” citric acid and …

    • Food Traceability: Recordkeeping Without Regard to Risk?April 9th, 2013

      By Ricardo Carvajal – Section 204 of the Food Safety Modernization Act ("FSMA") directed FDA to establish pilot projects “to explore and evaluate methods to rapidly and effectively identify recipients of food to prevent or mitigate a foodborne illness outbreak and to address credible threats …

    • Are Your “Natural” Food and Supplement Ingredients Really Natural? The National Organic Program Issues Draft Guidance Concerning Definition of Natural vs. SyntheticApril 5th, 2013

      By Riëtte van Laack – Under the Organic Food Production Act (“OFPA”), the National Organic Program (“NOP”) of the USDA is authorized to establish the National List of Allowed and Prohibited Substances (“National List”).  This National List contains each synthetic substance that is permitted and each …