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    • 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 …

    • “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 …

    • 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 …

    • FDA Issues Draft Guidance Regarding Menu Labeling RequirementsSeptember 14th, 2015

      By Riëtte van Laack & Etan J. Yeshua – As we previously reported, when FDA announced a new compliance date for the menu labeling rule, it also announced that it would issue guidance. On Friday, September 11, FDA issued the promised draft guidance.  The draft guidance is …

    • Hot Off the Press: Final Rules on CGMPs and Preventive Controls for Human and Animal FoodSeptember 10th, 2015

      By Ricardo Carvajal & Riëtte van Laack – FDA released pre-publication versions of the two final rules on current good manufacturing practice and preventive controls requirements – one governing human food (here), and the other animal food (here).  The pre-publication versions total over 1,500 pages, so will …

    • The Other Shoe Drops on Just MayoSeptember 2nd, 2015

      By Ricardo Carvajal – FDA issued a warning letter to Hampton Creek alleging that its Just Mayo products are misbranded, in part because they purport to be a food governed by a standard of identity – namely, mayonnaise – that the products fail to meet.  This alleged …

    • FSMA Accreditation of Third-Party Auditors/Certification Bodies: A Look at FDA’s Proposed User Fee Rule and Model Accreditation Standards GuidanceAugust 20th, 2015

      By Jenifer R. Stach* & Ricardo Carvajal – On July 24, 2015, FDA issued a proposed rule amending the Agency’s previously issue proposed rule on Accreditation of Third-Party Auditors/Certification Bodies (see our prior posts here and here) and establishing user fees for the Agency’s proposed accreditation …

    • The Government Seeks an Unprecedented Life Sentence for Former Peanut Corporation of America Executive, Stewart ParnellAugust 11th, 2015

      By Jenifer R. Stach* – After Stewart Parnell’s conviction for selling salmonella-tainted peanut products, causing many deaths and illnesses, he could be facing life in prison.  Attorneys on both sides called the recommendation for a life sentence “unprecedented” for a food-poisoning case.    We wrote about the convictions …

    • FDA Finalizes Guidance on Use of Nanomaterials in Animal FeedAugust 10th, 2015

      By Riëtte van Laack – On August 5, 2015, FDA announced the availability of a guidance document regarding nanomaterials in food for animals.  The guidance contains no surprises as it is virtually identical to the draft guidance (based on the docket, it appears that FDA did not …

    • FDA Guidance Regarding Nutrition Labeling Regulations for Small Amount of Nutrients and Dietary IngredientsAugust 3rd, 2015

      By Riëtte van Laack – On July 30, FDA announced the publication of a draft guidance titled “FDA’s Policy on Declaring Small Amounts of Nutrients and Dietary Ingredients on Nutrition Labels”.  The draft guidance addresses an apparent conflict between FDA’s compliance guidelines and FDA’s rounding rules for nutrition …

    • FDA Proposes Daily Value for Added SugarsJuly 27th, 2015

      By Riëtte van Laack – Last week, FDA announced a supplemental proposal to amend the nutrition labeling regulation for food and dietary supplements, and the availability of consumer studies related to FDA’s proposed changes to the format of the Nutrition Facts box. Undoubtedly, the proprosal to establish …

    • “Natural” vs. “Made With Natural Ingredients”July 27th, 2015

      By Ricardo Carvajal -  The distinction between the claims “natural” and “made with natural ingredients” is among the issues addressed in a recent NAD decision involving advertising for ASPIRE, a brand of sports drinks promoted as “all natural” and “natural sports drinks.”  The drinks include vitamins and citric …