President Trump has made re-evaluating our approach to international trade a centerpiece of his economic agenda. In addition to putting what appears to be the final nail in the coffin of the Trans-Pacific Partnership (TPP), Trump has signaled his intention to re-negotiate the North American Free Trade Agreement (NAFTA); if the U.S. does not receive […]
NAFTA Renegotiation: What’s At Stake? Read More »
The U.S. Department of Agriculture has assured the kosher and halal meat industries that the meat they produce with the well-known USDA Organic label can clearly qualify as organic, even though kosher and halal slaughter methods follow religious law instead of standard USDA regulations. The USDA’s statement came in its final version of regulations for organic
USDA Guarantees Kosher and Halal Meat Can Be Organic, Too Read More »
A memorandum from the President’s Chief of Staff, dated Friday, January 20, but released this afternoon via the Federal Register, directs all departmental and agency heads to forestall regulatory actions. Previous administrations, including the the incoming Obama Administration, have issued such directives. It instructs agencies to: Delay sending any new material to the Federal Register
Priebus’ January 20 Memorandum on Regulatory Freeze Pending Review Read More »
Today, OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on his weekly radio broadcast: As we prepare to launch the Trump Administration, I thought it useful and appropriate to take a quick look back at our 44th President Barack Hussein Obama. First and foremost, as a leader and human
John Block Reports: Barack Hussein Obama – A Retrospective Read More »
By Marshall Matz and Peter Matz, as published in Agri-Pulse The House of Representatives’ Freedom Caucus lists the USDA National Organic Program as one that should be a high priority for reform under President-elect Donald Trump. We agree. The Organic Foods Production Act (OFPA), enacted in the 1990 Farm Bill, established the National Organic Program (NOP) to set
FDA released a draft Guidance statement on how food companies should calculate the added sugar content in their products for the purposes of nutrition labeling. Comments are due on March 6. Guidance documents are supposed to help simplify FDA regulations (added sugars content is required to be disclosed on Nutrition Facts labels starting July 26,
FDA’s Guidance on Added Sugars is as Thick as Molasses Read More »
FDA has begun posting online (and intends to update quarterly) information derived from adverse event reports the agency has received about conventional foods (including food/color additives), dietary supplements, and cosmetics. This information is now made available in the CFSAN Adverse Event Reporting System (CAERS) database. This is information that was once only available through Freedom
Adverse Event Information Now Available Online for CFSAN-Regulated Products Read More »
By former USDA Secretary John R. Block We know some people are not happy to see Donald Trump move into the White House. However, many others are very excited. Just go to rural America. Farmers, ranchers, and most red states cannot wait for President Trump to get rid of the flood of regulations that President
John Block: Priorities for 2017 Read More »
In a January 3, 2017, decision likely to have broad implications in food class action litigation, the Ninth Circuit Court of Appeals affirmed a California federal district court judge’s decision certifying a consumer class action brought by purchasers of Wesson-brand cooking oil. In Briseño v. ConAgra, residents of eleven states, alleged that the “100% Natural”
FDA has published two Federal Register notices (see here and here) announcing the availability of draft guidance documents that are intended to help address issues raised by the agency’s final rules (see here and here) amending Nutrition Facts and Supplement Facts labeling requirements. The draft guidance documents are: Draft Guidance for Industry: Questions and Answers
Long-Awaited Guidance Documents on Revised Nutrition Labeling Released in Draft by FDA Read More »
By former USDA Secretary John R. Block The new year is upon us. 2017, like any new year, presents many unknowns – perhaps even more this year. I want to review where we are at today and look at where we may be going this year. Since Donald Trump’s election in November, the stock market
John Block: New Year 2017 Read More »
Happy 2017, everyone! 2016 has come and gone. Looking at 2016 in my rear-view mirror, here are a few matters that caught my personal attention. As food and drug lawyers and corporate execs in regulated companies know (or definitely should know!), individuals in a position of responsibility can be prosecuted criminally for what are often
2016 – Gone But Not Forgotten Read More »
The Occupational Safety and Health Administration (OSHA) announced last week a new final rule that purportedly “clarifies an employer’s continuing obligation to make and maintain an accurate record of each recordable injury and illness.” OSHA’s final rule, however, is likely to be challenged, if not reversed, by the incoming Trump Administration. The final rule flies
Recent OSHA Final Rule on Recordkeeping Flouts D.C. Circuit Decision Read More »
This is a time for reflection. Looking back on the past year, it really was not a great one for the Consumer Product Safety Commission (CPSC). And, sadly, many of the agency’s problems were of its own making. While many of the initiatives that are either ongoing or started in 2016 will continue into 2017,
CPSC: Closing the Books on 2016 Read More »
The U.S. Food and Drug Administration (FDA) has promulgated an interim final rule, effective December 19, 2016, amending the regulation authorizing a health claim on the relationship between dietary saturated fat and cholesterol, and risk of coronary heart disease (CHD) to permit a broader array of raw fruits and vegetables (further described below) to be
FDA Expands Authorized Health Claims for Raw Fruits and Vegetables Read More »
Last week, FDA issued a final rule to establish a user fee program for a voluntary accreditation program under Section 808 of the Federal Food, Drug, and Cosmetic Act (added by Food Safety Modernization Act (FSMA)). In November 2015, the FDA promulgated the final rule on “Accreditation of Third-Party Certification Bodies to Conduct Food Safety
FDA Finalizes FSMA Third-Party Certification User Fee Program Read More »
By former USDA Secretary John R. Block Last week, I – along with 2 other former Secretaries of Agriculture (Ann Veneman and Dan Glickman) – attended the portrait unveiling ceremony of Secretary Tom Vilsack at the Department of Agriculture. Vilsack served as Secretary of Agriculture for 8 years. It’s very rare for any Cabinet member
John Block: Vilsack – 8 Years Read More »
Ever since the election we have been asked which Obama Administration regulations and executive actions are likely to be stricken by the new Trump Administration or the 115th Congress. Will the focus be on the rules issued since mid May of this year, as provided for by the Congressional Review Act of 1996, or is
Food Rules Potential Targets for Elimination or Revision Read More »
FNS Issues Final Rule Enhancing SNAP Retailer Standards On December 8, 2016, the U.S. Food and Nutrition Service (FNS) issued its Final Rule entitled “Enhancing Retailer Standards in the Supplemental Nutrition Assistance Problem (SNAP).” The Final Rule amends FNS’s SNAP regulations in a number of important ways that will affect nearly all of the more
FNS Issues Final Rule Enhancing SNAP Retailer Standards Read More »
There is a lot of talk today abut the next Farm Bill. What will be in it? When will it get done? But I think the agriculture industry should remind the new Secretary of Agriculture when Donald Trump takes office that the last Farm Bill had an important provision that was never implemented. The 2014
John Block: Trade Under Secretary Read More »
By former USDA Secretary John R. Block I want to review a few issues today as we plan our farming operation and look over the horizon at next year’s opportunities and challenges. U.S. farm income this year is expected to be down again, hitting an 8-year low of $71 billion. In 2013, we climbed to
John Block: Cuba And More Read More »
As published in the November issue of The National Provisioner In the October issue, The National Provisioner honored 25 past icons who made their mark on industry since 1991. This month, to wrap up the magazine’s coverage of its 125th Anniversary, the editorial team decided to take on a bigger challenge: Select 25 individuals we expect
FDA has set January 1, 2020, as the uniform compliance date for new or amended food labeling regulations that are issued between January 1, 2017, and December 31, 2018. Use of a uniform compliance date provides for an orderly and economical industry adjustment to new labeling requirements by allowing sufficient lead time to plan for
Uniform Compliance Date for Upcoming Food Labeling Regulations Read More »
By former USDA Secretary John R. Block I’m not talking about politics or President-Elect Donald Trump today. Let’s be thankful for our good fortune to be here in America this Thanksgiving weekend. The celebration of Thanksgiving dates back to our ancestors that settled this country. They didn’t have the comforts that we take for granted
John Block: Thanksgiving 2016 Read More »
Zen Magnets, the tiny Colorado company that has challenged the CPSC’s actions regulating small, powerful magnets, will be having a very good Thanksgiving this year. That is because, once again, Zen has shown it is possible to fight the federal government and win. Today, the United States Court of Appeals for the Tenth Circuit ruled that
Court to CPSC: Your Magnet Rule’s a Turkey Read More »
FDA has issued two notices for publication in the Federal Register: A Request for Scientific Data, Information, and Comments (comments due within 45-days of publication); and A notice of availability about a draft guidance (comments due within 60-days of publication), Draft Guidance for Industry: Scientific Evaluation of the Evidence on the Beneficial Physiological Effects of
What Is “Dietary Fiber”(for Purposes of Nutrition Labeling)? Read More »
By former USDA Secretary John R. Block Now that the election is over, Democrats are trying to figure out what went wrong. Not only will they lose the White House in January, they did not get control of the Senate and gained very little in the House. Donald Trump will choose the next member of
John Block: Rural America Speaks Up Read More »
On November 15, 2016, the Federal Trade Commission (FTC) released a new Policy Statement on marketing claims for over the counter (OTC) homeopathic drugs. The Policy Statement is here and the press release and accompanying report are available here and here. The Policy Statement signals the end of the FTC’s decades-long approach of rarely challenging
Homeopathic Drugs Now Have To Have Proof As Well As Provings Read More »
Wow! Last Tuesday was quite something! Throughout Washington, folks are now trying to figure out what the new Administration will mean for our country. But so far I have not seen anything written about what the CPSC will look like going into 2017, so here is my take. Unlike the cabinet officers who serve at
A Course Correction at the CPSC? Read More »
Donald Trump’s “Contract with the American Voter” lists a number of actions that he plans to take in his first one hundred days in office. Among those actions is to “announce my intention to renegotiate the NAFTA or withdraw from the deal under Article 2205.” Naturally, this has raised the question of whether, as President, he
President-Elect Trump and NAFTA Read More »
FDA today announced the availability of its finalized “FDA’s Voluntary Qualified Importer Program: Guidance for Industry.” It also published a Fact Sheet on the Final Guidance, as well as Instructions for Submission of Voluntary Qualified Importer Program (VQIP) Application. The FDA Food Safety Modernization Act (FSMA), signed into law in January 2011, provided FDA with
FDA Issues Final Guidance on VQIP Read More »
With President-Elect Donald Trump’s unlikely victory in Tuesday’s election, we begin to look ahead at what the Trump Administration will mean from a medical privacy perspective. Neither the media, nor Trump himself, made privacy, much less medical privacy, an issue during the 2016 campaign season. Accordingly, privacy and related issues were not a major part
What Will A Trump Administration Mean For The Medical Privacy Landscape? Read More »
Irrespective of whether you voted for or against Donald Trump, last night’s election results will lead to a significant changing of the guard in how food is regulated by FDA and USDA. In his Contract with America, soon-to-be-President Trump promised that for “every new regulation, two existing regulations must be eliminated.” The Obama Administration has
Food Regulation: A Changing of the Guard Read More »
By former USDA Secretary John R. Block It’s a new day. Donald Trump was elected President of the United States. Washington, D.C. is in shock. It wasn’t supposed to turn out this way. Clinton was supposed to win. A year and a half ago, Donald Trump opened his campaign, predicting “I will make America great again.”
John Block: Trump Wins Read More »
With the House and Senate remaining under Republican majorities, it is very unclear what matters may be handled in the lame duck session, and which ones will be pushed into the 115th Congress. Some will want to extend the Continuing Resolution from its current expiration on December 9 to presumably March so that President-Elect Trump can
An Early Look at Some Congressional Changes Impacting Agriculture Read More »
