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  • Foods and Dietary Supplements

    • FSIS Finally Nets “Catfish”December 10th, 2015

      By Riëtte van Laack – Although it has taken some time, the Food Safety and Inspection Service (FSIS) of the USDA published a final rule establishing a mandatory inspection program for “catfish (“fish of the order Siluriformes and products derived from these fish.”) This rule implements …

    • Aloe Vera Extract and Goldenseal Root Powder Added to Proposition 65 List of “Known” CarcinogensDecember 7th, 2015

      By Riëtte van Laack – On December 4, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) added Aloe vera, non-decolorized whole leaf extract and Goldenseal root powder to the list of “chemicals known to the State of California to cause cancer for purposes of …

    • The Food Labeling Modernization Act Is BackDecember 3rd, 2015

      By Riëtte van Laack -  On November 23, an updated version of the Food Labeling Modernization Act (FLMA) of 2013 was introduced.  Representatives Frank Pallone and Rosa DeLauro introduced the House bill (H.R. 4061) and a Senate version (S. 2301) was introduced by Senators Richard Blumenthal and …

    • A Meeting on Listeria With Potentially High StakesDecember 2nd, 2015

      By Ricardo Carvajal – FDA’s Food Advisory Committee (FAC) will meet on December 7-8 to discuss a number of issues related to Listeria monocytogenes (L. mono) in ready-to-eat (RTE) foods.  As summarized in the supporting background document, the public health and regulatory challenges posed by L. mono have bedeviled FDA and …

    • Something Old, Something New: FDA’s Guidance Documents on Labeling of Genetically Engineered Foods – Including SalmonNovember 24th, 2015

      By Ricardo Carvajal – In tandem with its approval of genetically engineered (GE) salmon (see our previous post here), FDA issued two guidance documents on labeling of GE foods – a final guidance document applicable to foods derived from GE plants, and a draft guidance document specific to GE …

    • FDA Proposes Compliance Criteria for Gluten-Free Hydrolyzed, Fermented and Distilled FoodsNovember 19th, 2015

      By Riëtte van Laack – In 2013, FDA issued a final rule defining criteria for the term gluten-free for purposes of food labeling. The rule was “incomplete” because it did not address how to test fermented, hydrolyzed and distilled foods for compliance with the rule. In 2013, …

    • FDA Rolls Out More FSMA RulesNovember 16th, 2015

      By Ricardo Carvajal -  FDA released pre-publication versions of the three final rules on foreign supplier verification program (FSVP), accredited third-party certification, and produce safety.   As with the recently issued rules on CGMPs and preventive controls for human and animal food (see our previous post here), FDA …

    • In Apparent Shift, FDA Engages on “Natural”November 11th, 2015

      By Ricardo Carvajal – FDA is publishing a Federal Register notice asking for information and comments on the use of the term “natural” in human food labeling, “including when, if ever, the use of the term is false or misleading.”  The notice purports to be based partly on …

    • POM Wonderful Petitions the U.S. Supreme Court in FTC CaseNovember 9th, 2015

      By Riëtte van Laack – As we previously reported, POM Wonderful (“POM”) petitioned the U.S. Court of Appeals for the D.C. Circuit for en banc review of that Court’s earlier decision which had largely upheld the FTC’s cease and desist order issued against POM.  That petition was …

    • “Should I Stay or Should I Go” to FDA for an IND? FDA Issues a Stay for Certain Food Provisions of the Final IND GuidanceNovember 4th, 2015

      By Wes Siegner –  Effective October 30, 2015, FDA issued a stay on certain food provisions of the final guidance, “Investigational New Drug Applications—Determining Whether Human Research Studies Can Be Conducted Without an IND” (IND Guidance).  FDA announced the stay in the Federal Register notice, 80 …

    • FDLI’s FSMA Webinar Series Takes Up Produce Safety, Foreign Supplier Verification, and Third Party AccreditationNovember 3rd, 2015

      FDA recently announced that it has submitted the FSMA final rules on produce safety, foreign supplier verification, and third party accreditation to the Federal Register – just in time for the third and fourth installments in the Food and Drug Law Institute’s (FDLI’s) FDA Food Safety …

    • FDA Files GMA Petition for Partially Hydrogenated OilsNovember 2nd, 2015

      By Diane B. McColl – On October 28, 2015, FDA announced that a food additive petition (FAP) submitted by the Grocery Manufacturers Association (GMA) for minor uses of partially hydrogenated vegetable oils (PHOs) was accepted for filing on October 1, 2015 (Docket No. FDA-2015-F-3663).  GMA’s FAP …

    • NEJM Study on Dietary Supplement Adverse Events Deserves Closer ScrutinyOctober 21st, 2015

      By James R. Phelps & Wes Siegner – “Bad reactions to dietary supplements are sending thousands of Americans to the ER every year, a new study shows.”  That’s the attention-getting lead in a CBS News story dated October 15.  It was based on a study report …

    • CSPI Sues FDA to Compel Action on Citizen Petition Challenging GRAS Status of SaltOctober 9th, 2015

      By Ricardo Carvajal – The Center for Science in the Public Interested (CSPI) filed suit in the D.C. District Court to compel FDA to respond to CSPI’s 2005 citizen petition (Docket No. FDA-2005-P-0196) asking FDA to revoke the GRAS status of salt, require reduced levels of salt …

    • Bayer Scores a Big Win in Action Involving Dietary Supplement Claim SubstantiationOctober 1st, 2015

      By Jennifer M. Thomas – On October 1, 2015, the U.S. District Court for the District of New Jersey unsealed its opinion in United States v. Bayer Corp., No. 07-cv-00001 (D.N.J. Sept. 24, 2015), confirming a significant defeat for the government, and a clear victory for …