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    • Pomegranate Juice Manufacturer and its President Held Liable for False Advertising and Unfair CompetitionJuly 27th, 2008

      In a case brought by POM Wonderful under the Lanham Act and California state statutes governing false advertising and unfair competition, the U.S. District Court for the Central District of California held Purely Juice and its president liable to the tune of nearly $1.5 million.  …

    • FDA GRAS Response Letter Offers No Safe Harbor from FDAAA § 912July 20th, 2008

      In previous postings (here and here), we have observed that § 912 of the 2007 FDA Amendments Act (“FDAAA”), which added the new § 301(ll) prohibition to the FDC Act, could represent a fundamental shift in the dividing line between foods and drugs, and has …

    • Beer With Nutrition Labeling Becomes a RealityJuly 18th, 2008

      Under the terms of a 1987 Memorandum of Understanding, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) exercises jurisdiction over labeling of distilled spirits, wines, and malt beverages subject to the Federal Alcohol Administration Act (“FAA Act”), and FDA exercises jurisdiction over other alcohol …

    • Petition Challenges FDA’s View on “Qualified Nutrient Content Claims”June 26th, 2008

      On June 5, 2008, a citizen petition was submitted to FDA requesting that the Agency “initiate rulemaking proceedings addressing the authoritative statement nutrient content claim provisions” of the Federal Food, Drug, and Cosmetic Act (“FDC Act”).  The petition takes issue with FDA’s November 27, 2007 …

    • German Government Agency Report Draws Attention to the Safety of Energy DrinksJune 12th, 2008

      The German Federal Institute for Risk Assessment (“BfR”) has issued a report that discusses recent human data on potential health risks arising from consumption of energy drinks.  According to the report, the safety concerns expressed by BfR in a prior expert opinion are “substantiated by …

    • Menu labeling could heat up, with a little help from FDA.June 9th, 2008

      FDA has filed an amicus curiae brief with the Second Circuit Court of Appeals that supports a New York City (“NYC”) law requiring all menu boards and menus in chain restaurants with 15 or more establishments nationally to bear calorie content information for each menu …

    • FDA Delays Implementation of FDAAA Reportable Food Registry until 2009May 28th, 2008

      As we previously reported, the Food and Drug Administration Amendment Act of 2007 (“FDAAA”) mandates that FDA create a Reportable Food Registry (“Registry”).  The purpose of the Registry is to facilitate tracking of problems in the food supply, and to allow a more rapid response …

    • Congressional Letter of Inquiry On Food Recalls and Contamination Goes Out To Major Food FirmsMay 9th, 2008

      The Committee on Energy and Commerce of the U.S. House of Representatives sent a letter of inquiry to 49 major food firms that requests extensive information on the firms’ handling of food recalls and food contamination events.  The letter was signed by both John Dingell, …

    • FDA Amends Soluble Fiber/Coronary Heart Disease Health ClaimMay 7th, 2008

      In response to a February 2006 citizen petition by Quaker Oats Co. (“Quaker”), FDA amended  21 C.F.R. § 101.81 concerning health claims on the relationship between soluble fiber from certain foods and a reduced risk of coronary heart disease.  Before the amendment, food eligible for …

    • GSK Moves to Clear the Market of Weight Loss Structure/Function ClaimsMay 6th, 2008

      In mid-April, GlaxoSmithKline Consumer Healthcare (“GSK”) and a trio of research and advocacy organizations submitted a citizen petition to FDA that asks the Agency to prohibit structure/function claims for dietary supplements that expressly or impliedly reference weight loss. In addition to claims that expressly reference …

    • FDA Globalization Act of 2008: Fees, Fees, and More FeesApril 18th, 2008

      Yesterday, the U.S. House of Representatives Committee on Energy and Commerce released a Discussion Draft of the "Food and Drug Administration Globalization Act of 2008."  The “Discussion Draft is meant to stimulate discussion about how to provide adequate funding and authority for FDA to ensure …

    • FDAAA § 912 – A Fundamental Shift in the Dividing Line Between Foods and DrugsApril 16th, 2008

      In a previous post we opined that § 912 of the FDA Amendments Act (“FDAAA”) could represent a fundamental shift in the dividing line between foods and drugs.  For our most recent thoughts on that subject, we refer you to the column we recently published …

    • FDA Issues CPG Setting “Guidance Levels” for a Chloropropanol in Asian-Style SaucesApril 6th, 2008

      On March 31, 2008, FDA published a Federal Register notice announcing the availability of Compliance Policy Guide (“CPG”) § 500.500, which sets “guidance levels” for 3-MCPD in acid-hydrolyzed protein (“acid-HP”) and Asian-style sauces. 3-MCPD is a chloropropanol, and chloropropanols have been identified as carcinogens.  Under …

    • Foods v. Drugs: FDAAA § 912 RevisitedApril 2nd, 2008

      In our October 2007 summary and analysis of the FDA Amendments Act (“FDAAA”), Hyman, Phelps & McNamara, P.C. noted that FDAAA § 912, concerning a new prohibition against foods to which drugs or biological products are added, is “of potential significance to the development of …

    • Will Dietary Supplements and Functional Foods Carry Prop 65 Warnings?March 31st, 2008

      On March 21, 2008, the California EPA Office of Environmental Health Hazard Assessment (“OEHHA”) announced a workshop scheduled for April 18, 2008 to seek public input on the potential regulation of nutrients, such as vitamins and minerals, under Proposition 65 (the Safe Drinking Water and …