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  • Foods and Dietary Supplements

    • Can Food Be Too Safe?July 4th, 2012

      By Ricardo Carvajal – We raised this question at the recent ABA Section of Litigation Food & Supplements Second Annual Workshop as a way of commenting on emerging threads of resistance to the imposition of greater food safety-related requirements at all levels of government, but especially …

    • It’s Official – FDA States Intention to Exercise Enforcement Discretion for Key FSMA ProvisionsJuly 2nd, 2012

      By Ricardo Carvajal – In several letters issued to trade associations on June 18th (for an example, see here), FDA stated that it “will expect to enforce compliance” with the preventive controls provision in section 103 of the Food Safety Modernization Act ("FSMA") and the foreign …

    • Food Additive Petition Seeks to Reduce Neural Tube Defects Among HispanicsJune 19th, 2012

      By Ricardo Carvajal – In a relatively rare example of a request for regulatory action intended to benefit a specific racial or ethnic group, a coalition of businesses and nonprofits submitted a food additive petition (see here and here) asking FDA to amend the food additive regulation …

    • Court Rejects FTC’s Effort to Require Two StudiesJune 13th, 2012

      By Riëtte van Laack – As we previously reported, the United States District Court for the Southern District of Florida denied the Federal Trade Commission’s (“FTC’s”) motion to hold Garden of Life and its founder, Jordan S. Rubin (collectively “GOL”) in contempt for allegedly violating a court-issued …

    • Etched Citrus Coming Your Way!June 10th, 2012

      By Diane B. McColl -  The days of having to deal with those pesky adhesive labels on citrus fruit may be over.  FDA has announced a final rule approving the use of a carbon dioxide laser for etching information, such as product code, on the surface of …

    • A Sweet Day for SugarJune 1st, 2012

      By Ricardo Carvajal -  FDA denied a citizen petition submitted by the Corn Refiners Association ("CRA") which asked FDA to authorize the use of “corn sugar” as a common or usual name for high fructose corn syrup ("HFCS"), and to amend certain regulations that reference “corn …

    • House Passes FDA Reform Act of 2012; Next Up – Conference CommitteeMay 31st, 2012

      By Kurt R. Karst –       After a round of congratulatory speeches, the U.S. House of Representatives passed H.R. 5651, the FDA Reform Act of 2012, as amended, on May 30th by a vote of 387-5.  Unlike the U.S. Senate, which passed its version of the bill …

    • U.S. Senate Slogs Through Amendments and Passes FDA Safety and Innovation Act; Onward to the House BillMay 25th, 2012

      By Kurt R. Karst –       After days of debate and a slew of proposed amendments, the U.S. Senate passed S. 3187, the FDA Safety and Innovation Act, on Thursday afternoon by a roll call vote of 96-1.  Senator Bernie Sanders (I-VT), who cast the lone vote against passage, …

    • Initial Decision in POM Wonderful Case – Each Side Can Claim VictoryMay 21st, 2012

      By Riëtte van Laack – On May 21, 2012, the FTC posted the 345-page Administrative Law Judge’s ("ALJ’s") Initial Decision in In the Matter of POM Wonderful LLC et al. ("POM") (FTC Docket No. 9344).  The ALJ upheld the FTC’s Complaint insofar as the FTC asserted …

    • FSIS Proposes to Lift the General Prohibition against Sodium Benzoate, Benzoic Acid, and Sodium Propionate in Meat and PoultryMay 16th, 2012

      By Riëtte van Laack – Last week, the Food Safety and Inspection Service (“FSIS”) issued a proposal to lift the general prohibition against the use of sodium benzoate, benzoic acid, and sodium propionate in meat and poultry.  Historically, the use of these substances in meat and …

    • FSIS Finalizes Rules Mandated by the 2008 Farm BillMay 14th, 2012

      By Riëtte van Laack – On May 8, 2012, the Food Safety and Inspection Service (“FSIS”) published three sets of regulations mandated by the 2008 Farm Bill: (1) regulations requiring that meat and poultry plants promptly (within 24 hrs) notify FSIS that a contaminated or misbranded …

    • FDA Speaks to Nanotech in Cosmetics, Foods, and DrugsMay 14th, 2012

      By Ricardo Carvajal – April was a busy month for nanotechnology at FDA.  The agency issued two draft guidance documents worthy of close examination for those with an interest in the use of emerging technologies, including nanotechnology, in the cosmetic and food industries.  Further, FDA denied …

    • FSMA and the OMBMay 6th, 2012

      By Ricardo Carvajal – The Washington Post recently reported on the delay in getting clearance from the Office of Management and Budget (OMB) for the regulations that would implement the key provisions of the Food Safety Modernization Act.  Industry groups and consumer advocates purportedly are baffled, …

    • USP, Food Fraud, and FSMAApril 16th, 2012

      By Ricardo Carvajal – The USP plans to make available on its website a database of published articles that report “fraudulent activities related to food ingredients,” including foods used as ingredients (e.g., milk, honey, and olive oil).  The database will also be included in tabular format …

    • Sen. Durbin Asks FDA to Take Action Against (High Caffeine) Energy DrinksApril 11th, 2012

      By Riëtte van Laack – In an April 3, 2012 letter to FDA Commissioner Dr. Margaret Hamburg, Senator Richard Durbin (D-IL) requests that FDA take action against energy drinks containing “exceptionally high” levels of caffeine and other possibly stimulating substances such as guarana and ginseng.  Caffeine is …