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    • ABA Presents Roundtable on Criminal Prosecution of Food and Dietary Supplement CompaniesDecember 4th, 2013

      Next Wednesday, December 12th, the ABA Section of Litigation, Products Liability Committee is sponsoring a live audio program titled “Understanding criminal prosecution of food and supplement companies (and their corporate officers) under the Food Drug and Cosmetic Act: Best practices to avoid becoming the next …

    • Nanotech Roundup: Latest National Nanotechnology Initiative Strategic Plan Released for Comment; NYAS Nanomedicine Conference SummaryDecember 2nd, 2013

      By Ricardo Carvajal – The National Nanotechnology Initiative ("NNI") released its draft 2014 Strategic Plan for comment.  The draft plan lays out the NNI’s goals and objectives, which remain largely unchanged from 2011 (see here).  As with the 2011 Plan, the draft 2014 Plan includes a …

    • FSIS Issues Final Rule Expanding Category of Labeling That Does Not Require Prior ApprovalNovember 18th, 2013

      By Riëtte van Laack – On November 7, 2013, the Food Safety and Inspection Service (FSIS) amended its prior label approval system regulations to expand the circumstances in which certain types of labels and labeling are generically approved and do not need specific FSIS approval.  Under the …

    • FDLI Presents Webinar on US and EU Regulation of Health-Related Claims for FoodsNovember 17th, 2013

      On November 20th, the Food and Drug Law Institute ("FDLI") will present a webinar on the regulatory requirements that apply to health-related claims for foods.  Hyman, Phelps & McNamara, P.C.'s Ricardo Carvajal will discuss requirements applicable in the U.S.  Vicente Rodriguez, current president of the …

    • FDA Proposes to Phase Out Use of Partially Hydrogenated OilsNovember 11th, 2013

      By Etan J. Yeshua – The Food and Drug Administration last week initiated a process that could prohibit the sale of partially hydrogenated oils (PHOs), as well as food products containing industrially manufactured PHOs, such as certain baked goods, microwave popcorn, frozen pizzas, frostings, and …

    • New York Academy of Sciences Conference Tackles NanomedicineNovember 10th, 2013

      The New York Academy of Sciences will present a conference on scientific and regulatory issues pertaining to nanomedicine on November 21.  The conference will feature speakers from the U.S. and abroad so as to provide domestic and international perspectives.  Hyman, Phelps & McNamara’s Ricardo Carvajal …

    • Please Pass the Brownies – Uh – “Edible Retail Marijuana Products”November 6th, 2013

      By Ricardo Carvajal – Colorado’s Department of Revenue recently published retail marijuana rules to implement that state’s Retail Marijuana Code (“RMC”).  C.R.S. 12-43.4-101 et seq.  The rules took effect on October 15, and are the culmination of a change in Colorado law that began with an …

    • ASQ Food, Drug, and Cosmetic Division’s 24th West Coast Conference on Dietary Supplements Now Scheduled for November 8November 5th, 2013

      Postponed due to the partial government shutdown, this conference will address numerous compliance and enforcement issues of interest to dietary supplement manufacturers and distributors, and will feature discussion of the anticipated impacts of FSMA implementation. Senior FDA and state officials will provide their perspectives, …

    • Websites as Labeling for Foods ReduxOctober 30th, 2013

      By Ricardo Carvajal – We previously reported on a case – Wilson v. Frito-Lay North America, Inc. – in which a federal district court held that statements on a food company’s website do not constitute labeling even though the labels of some products include a reference …

    • GMA Presents Webinar on GRAS Self-DeterminationOctober 24th, 2013

      The Grocery Manufacturers Association ("GMA") is presenting a webinar on GRAS self-determinations for food ingredients next Tuesday, October 29 from 1:30 to 3:00 p.m. EST.  The webinar is intended to help food businesses understand applicable requirements and avoid missteps in ingredient safety assessments, and will …

    • At EFLA’s Third EU-US Food Law Conference, An Invigorating Discussion of International RecallsOctober 22nd, 2013

      By Ricardo Carvajal – This past Monday, the European Food Law Association held its third conference on developments in food law in the EU and US.  The conference was devoted entirely to the subject of food recalls and related public alerts, and the significant impact that …

    • Jensen Farms Sues Auditor PrimusLabsOctober 21st, 2013

      By Riëtte van Laack – Jensen Farms, (the Jensens), the growers facing criminal charges related to the deadly 2011 listeria outbreak linked to their cantaloupes, are suing Primus Group, Inc. d/b/a/ Primus Labs (Primus) alleging that the food safety consultants who audited the Jensens’ facilities shortly …

    • AMI Appeals District Court’s Denial of Preliminary Injunction against COOL RegulationsOctober 16th, 2013

      By Riëtte van Laack – As previously reported, the American Meat Institute (“AMI”) and several international meat industry organizations filed a lawsuit in an effort to stop the Agricultural Marketing Service ("AMS") of the USDA from implementing the Country of Origin Labeling ("COOL") rule.  On …

    • Move Over, Cricket! Lickets: Edible Insects are On the MarchOctober 13th, 2013

      By Ricardo Carvajal – People have been eating insects for thousands of years, and the practice certainly has its devotees in the U.S.  Notwithstanding that history of consumption, industrial production of insects for food use has remained a rarity.  Now there are signs of a …

    • California Court Decides that the Organic Food Production Act Does Not Apply to Personal Care ProductsOctober 10th, 2013

      By Riëtte van Laack – In May of 2012, Plaintiff Matthew Dronkers filed a complaint in the United States District Court for the Southern District of California, on behalf of himself and other class members against Kiss My Face, LLC (“KMF”) claiming that KMF’s marketing …