Bruce Silverglade

“Top Legal and Regulatory Issues for Food and Beverage Companies in 2022” Online Seminar Hosted by OFW Law and the Food Institute

OFW Law and the Food Institute will host a special four-part virtual seminar Feb. 16-17, 2022 on some of the top legal and regulatory issues facing food and beverage companies.     Click to Register  Early Bird and Group Discounts Available!   Day 1 – The Agenda:   Session 1: Latest FDA Developments on “Healthy” […]

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Food Labeling Modernization Act of 2018 Likely Reveals Consumer Groups’ Priorities for FDA Nutrition Innovation Strategy – May Spur More Class Action Lawsuits

The Food Labeling Modernization Act of 2018 (H.R. 5425) was introduced on April 4, 2018, by Rep. Frank Pallone, Jr. (D-NJ), the ranking member of the House Energy and Commerce Committee.  A joint press statement announcing the bill was released by Rep. Pallone and co-sponsor Rep. Rosa DeLauro (D-CT), the ranking member of the House

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What to Do After I Filed My Comment on FDA’s Proposed “Nutrition Facts” Labeling Regulations

Don’t sit back and wait: Be proactive! The comment period for FDA’s proposed regulations revising the “Nutrition Facts” label has closed.  The comment period has also closed for FDA’s proposed rule that would lead to more than 30 new serving sizes for foods.  This is a big deal because the nutrient content information that appears

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FDA Proposes Major Changes to the “Nutrition Facts” Label – Price Tag $2 Billion

Two billion dollars – That is what FDA estimates the food industry will spend to comply with proposed changes to the iconic “Nutrition Facts” label.  That’s about all we know for sure.  The agency says the new information will provide $20-$30 billion in benefits to consumers by the year 2035, primarily by lowering risk of

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I Filed My Comment on FDA’s Proposed FSMA Regulations – Now What Do I Do?

The comment periods for many of FDA’s proposed regulations implementing the Food Safety Modernization Act (FSMA) have closed or are soon slated to end.  Hundreds of companies and trade associations have filed comments with the agency; some believe that is the end of the public participation process.  Nothing could be further from reality. Filing a

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FDA Tentatively Concludes Partially Hydrogenated Oils Are No Longer Generally Recognized as Safe – WHY NOW?

By Bruce Silverglade* Consumption of trans fatty acids in the United States has decreased sharply in recent years due to efforts by the food industry to reformulate foods and replace partially hydrogenated oils (PHOs) with other ingredients.  According to FDA, intake of trans fat from PHOs decreased more than 75 percent, from 4.6 grams per day

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FDA’s GRAS Review Process for Foods May Be Tested by Litigious Public Interest Group

By Bruce Silverglade and Mark L. Itzkoff As reported in Politico this week, there has been a shake-up of sorts within the public interest advocacy community regarding the tactics used to pressure the Food and Drug Administration (FDA) into changing the way food ingredients deemed to be Generally Recognized as Safe (GRAS) are regulated or reviewed by FDA.

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FDA Proposed Reg will be “Game Changer” for Auditing and Certification Organizations

Get ready, set, go!  After years of delay, FDA is now on a fast-track to finalize its proposed regulation on accreditation of third-party auditors in accordance with the Food Safety Modernization Act (FSMA), 78 Fed. Reg. 45,781 (July 29, 2013) Accreditation of Third-Party Auditors and Certification Bodies.  The agency also issued a proposed rule on

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Will the Pomegranate be the Bane or Savior of Food Advertisers?

By Bruce Silverglade, as published in Food Chemical News on January 25, 2013 POM Wonderful, LLC is treading where no food or beverage company has treaded before, at least not in recent memory. Bets are on that the company will soon be asking a U.S. Court of Appeals (likely the D.C. Circuit) to stay, and eventually overturn, a Federal

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Are These Substances “Natural?” Class Action Lawsuits Target Specific Ingredients

Consumer class action cases challenging “All Natural” or “100% Natural” claims on food labels are popping up about as fast as dandelions in springtime.  Such cases are typically brought under state consumer protection laws prohibiting, inter alia, false or misleading food labeling and advertising.  Some of these laws, such as those in California and New

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Food Labeling Politics – What the Election Results May Mean for Your Company

The election is over and the current Administration will stay in the White House. Food labeling may not have been among the top issues on the minds of American voters.  But the election results will have an impact on food manufacturers, retailers, and restaurant operators who are concerned about the prospect of new FDA regulations,

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