FDA

OFW Law to co-host the 2021 Food Labeling Summit with the Food Institute next month

Next month, The Food Institute kicks off its 3-day virtual training seminar on Food Labeling and Olsson Frank Weeda Terman Matz PC will be co-hosting the event. Each day has its own unique theme. On day one, attendees may expect to first learn the basics of the Food and Drug Administration’s (FDA) and the U.S. …

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FTC to Issue Final Rule to Combat “Made in USA” Fraud

On July 1st, the Federal Trade Commission voted 3-2 to publish the final Made in USA Labeling Rule in the Federal Register.  The rule is consistent with – and essentially codifies – its prior 1997 Enforcement Policy Statement on U.S. Origin Claims, and provides the agency with enforcement tools to combat fraudulent claims.   The rule …

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Long-Awaited DSCSA Guidances Published

On June 3, the Food and Drug Administration (FDA) released four  guidances implementing the Drug Supply Chain Security Act (DSCSA). Final Guidance for Industry: Drug Supply Chain Security Act Implementation: Identification of Suspect Product and Notification  (Suspect Product Final Guidance) Final Guidance for Industry: Product Identifiers under the Drug Supply Chain Security Act – Questions …

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FDA Reverses Trump Administration’s Unapproved Drugs Policy

On May 26, the Food and Drug Administration (FDA) reversed a Trump Administration policy that revoked the agency’s longstanding Unapproved Drugs Initiative (UDI).  On November 15, 2020, then HHS Secretary Alex Azar issued a notice and a request for information entitled “Termination of the Food and Drug Administration’s Unapproved Drugs Initiative; Request for Information Regarding …

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FDA Reverses a Trump Administration Drug Review Transparency Policy

On April 30, the Food and Drug Administration (FDA) reversed a  Policy issued by the Department of Health and Human Services (HHS) near the end of the Trump Administration that was purportedly intended to increase drug review timeline transparency.  The Policy was announced in the Federal Register on January 15 and would have required FDA …

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The American Rescue Plan Act of 2021—What’s in It for CDC and FDA?

On March 10, the House passed the Senate-amended version of the American Rescue Plan Act of 2021 (H.R. 1319), a $1.9 trillion COVID-19 relief package intended to address the impact of the pandemic on the economy, state and local governments, and individuals.  The package contains public health provisions intended to boost COVID testing and contact …

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CDRH Cracks Down on Misleading “Registration Certificates”

On March 3, Rear Admiral Sean Boyd, Director of the Office of Regulatory Programs at the Food and Drug Administration’s (FDA) Center for Devices and Radiological Health (CDRH) announced an uptick in firms selling and issuing fraudulent “FDA registration certificates” which indicate that a medical device has been authorized, approved, cleared, or reviewed by the …

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A big pile of bulk blue medical masks

FDA Issues Warning Letters Targeting COVID-19 (and other) Products

Since the COVID-19 pandemic began to intensify in March 2020, the Food and Drug Administration (FDA) has sent warning letters to 146 manufacturers of products claiming to prevent, treat, mitigate, diagnose or cure coronavirus.  These products range from teas, tinctures, test kits, soaps, supplements, and CBD products.  In January, the FDA’s Office of Criminal Investigations …

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Xavier Becerra’s Nomination Hearing Set

The Senate Committee on Health, Education, Labor and Pensions (HELP) announced that it will hold a hearing on Tuesday, February 23 to consider Xavier Becerra’s nomination to serve as Secretary of Health and Human Services (HHS).  The Senate Finance Committee will hold a hearing on Wednesday, February 24.   Becerra has served as Attorney General of California …

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Candidates Emerge to Lead FDA

As the Biden Administration settles into Washington and works to address the COVID-19 pandemic, many medical products and food safety stakeholders wonder who will lead the Food and Drug Administration.  Janet Woodcock, M.D. who long led the Center for Drug Evaluation and Research (CDER) and advised “Operation Warp Speed” on COVID-19 therapeutics currently serves as …

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Food and Drug Administration building

FDA Funding in the Energy & Commerce Reconciliation Bill

House Energy & Commerce Committee Chairman Frank Pallone (D-NJ) announced that the committee will hold a markup on Thursday at 11:00 AM ET to consider legislative recommendations for its budget reconciliation instructions.  Section 3004 of the bill provides $500 million to the Food and Drug Administration to combat the COVID-19 pandemic by: Supporting the review …

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Carbon Labeling: Who is Ahead of the Game?

With climate change discussions being elevated on a local, regional, and global scale, many individuals are considering how their personal choices, including foods they consume, impact the environment. This has translated to a resurgence of interest in carbon labeling food products. Now that we understand the basics of carbon labeling and what it means for …

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How Does Buying American Benefit U.S. Food, Agriculture, and Medical Products?

President Biden recently issued an Executive Order (EO) to harness the federal government’s purchasing power to bolster domestic manufacturing. The “Strengthening Buy American Provisions, Ensuring Future of America is Made in America by All of America’s Workers” intends to support American industry and American workers. Overall, this EO looks to close loopholes in existing “Buy American” policies …

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Register by October 1 to receive $100 discount on OFW/Food Institute Virtual Food Labeling Course

OFW and The Food Institute will be holding their annual Food Labeling Seminar on October 7, 8, and 9.  The virtual training course will cover everything you need to know about food labeling in today’s marketplace.  The course will first cover basics of FDA’s and USDA’s food labeling requirements, including recent updates.  The seminar will then …

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QHC for Cranberry Products and Reduced Risk of Recurrent Urinary Tract Infection in Healthy Women

FDA has published a letter of enforcement discretion, which it sent to legal counsel for Ocean Spray Cranberries, Inc., that authorizes a qualified health claim (QHC) for specific cranberry products when consumed in specific amounts by specific people.  The substantiation for the diet-disease relationship warranted a “limited and inconsistent” or “limited” scientific evidence qualifier. Based …

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2020 Dietary Guidelines Near the End of Stage One

By: Julia Johnson On Wednesday, June 16, the 2020, the Dietary Guidelines Advisory Committee (DGAC) hosted a public meeting to review their draft scientific report. A new edition of the Dietary Guidelines for Americans is published every 5-years and developed in three stages: (I) Reviewing the science; (II) developing the guidelines; (III) implementation. The most …

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FDA Guidance: Enforcement Discretion Under the Qualified Exemption Provisions of the Produce Safety Rule

The U.S. Food and Drug Administration (FDA) has published an announcement of the availability of a Guidance Document, Temporary Policy During the COVID-19 Public Health Emergency Regarding the Qualified Exemption from the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption (May 2020).  Comments on the Guidance may be submitted to …

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OFW’s John G. Dillard and Mason Weeda to Present the Food Institute’s COVID:19 Webinar on May 12

On May 12, OFW Principals, John G. Dillard and Mason Weeda will be presenting a webinar in collaboration with The Food Institute on the U.S. regulatory response in connection to the novel coronavirus crisis. The focus will be on the policies and practices implemented by USDA, FDA, OSHA, Department of Homeland Security, and Department of …

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Cows relaxing in the meadow

COVID-19 Webinar: Federal Regulatory Changes Impacting the Food Industry – Recording Available

On April 22, OFW Principal John Dillard presented a webinar addressing the federal regulatory changes that have been implemented to respond to the COVID-19 pandemic. The webinar also discussed guidance from USDA, FDA, the Department of Homeland Security, and the Center for Disease Control as well as some of the best practices that have been …

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John Dillard to Present Free Webinar on COVID-19 and Regulatory Changes Affecting the Food Industry

John G. Dillard, a principal at OFW. will be presenting a review of several federal agencies’ responses to the COVID-19 crisis that affect food producers and manufacturers. The webinar, “COVID-19: Regulatory Changes Impacting Food Production and Distribution” will be offered by the National Agricultural Law Center on Wednesday, April 22, 2020 at 12pm EST. John …

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Male hand hand holding Q&A word with wooden cube block

FDA COVID-19 Food Safety Q&A

The FDA is currently posting updates in a Q&A format on its Food Safety and the Coronavirus Disease 2019 (COVID-19) webpage.  The Q&A provides information to food production/processing facilities and retail food establishments regarding best practices during the ongoing public health emergency.  For example, the website provides some salient advice on social distancing in food …

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fresh eggs in a cardboard tray

Complete Label Exemption for Shell Eggs During Pandemic

Today the FDA issued a guidance to provide temporary flexibility regarding the packaging and labeling of shell eggs sold to consumers in retail food establishments.  Temporary Policy Regarding Packaging and Labeling of Shell Eggs Sold by Retail Food Establishments During the COVID-19 Public Health Emergency: Guidance for Industry (Apr. 2020) The guidance essentially permits retailers …

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woman looking at menu at restaurant

Menu Labeling Flexibility for Covered Establishments During Pandemic

The Food and Drug Administration (FDA) has issued a guidance to chain restaurants and similar retail food establishments (“covered establishments”) that sell standard menu items covered under the menu labeling provisions of section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) to provide flexibility regarding these menu labeling requirements during the COVID-19 …

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silver food packaging on a wooden background

New Guidance Documents from the FDA on Foods Labeling and Postponement of Compliance Date for Revised Nutrition/Supplement Facts Panels

On Friday, the Food and Drug Administration (FDA) announced the issuance of a new Guidance document pertaining to nutrition labeling during the COVID-19 health crisis. It is intended to provide restaurants and food manufacturers with flexibility regarding nutrition labeling so that they can sell certain packaged foods during the current pandemic.  This guidance does not …

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Feet in sneakers on top of arrow

FDA and CFSAN on Issuing Guidance Documents Concerning COVID-19

The Food and Drug Administration (FDA) published a Notice that set forth the process that it and the Center for Food Safety and Applied Nutrition (CFSAN) will use in expediting the availability of guidance documents concerning the ongoing COVID-19 public health emergency. It will include essential recommendations and policies and will eliminate requisite notice and …

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A big pile of bulk blue medical masks

Defense Production Act Update – 3/23/2020

Today, the President signed an Executive Order to authorize the Sec. of HHS to designate medical equipment as “critical” or “essential” to the national response to the crisis. Under DPA § 102, the President can take action to prohibit the hording of materials designated as “scarce” or “essential.” Sec. 102 prohibits the accumulation of such …

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Testing materials for COVID 19 Corona Virus

COVID-19 Update for Diagnostic Device Manufacturers

The availability of Coronavirus Disease-2019 (COVID-19) diagnostic tests is critical to an effective response to the current pandemic. FDA has taken measures to permit the distribution of such tests in advance of receiving authorization to do so from the agency in an attempt to remove bureaucratic barriers that could affect the nation’s ability to mount …

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Initial NFP Compliance Date – 6 Months Enforcement Discretion

In response to requests received from multiple stakeholders, FDA has agreed, in effect, to exercise enforcement discretion relative to the new Nutrition Facts panel (NFP) for six months following the initial January 1, 2020 compliance date.  The agency is doing so through a new Question and Answer (Q&A) in the Compliance section of its Industry …

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FDA Publishes Draft Guidance For Sprout Seed Producers

Sprouts are associated with numerous foodborne illness outbreaks. According to the U.S. Food and Drug Administration (FDA), more than 2,600 documented illnesses have been associated with consuming contaminated sprouts since 1996. Much of the challenge to controlling risks lies in the fact that seeds are often the source of contamination in sprout products. In FDA’s …

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EPA and DHA – Qualified Health Claims for Conventional Foods and Dietary Supplements

FDA has issued an enforcement discretion letter that authorizes qualified health claims (QHC) that relate consuming eicosapentaenoic acid (EPA) and docosahexaenoic (DHA) omega-3 fatty acids in food and dietary supplements to reducing the risk of hypertension and coronary heart disease (CHD).  The QHC derives from a health claim petition submitted by Global Organization for EPA …

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Large assortment of honey and similar syrups

Added Sugars in Pure Honey and Maple Syrup, and Other Single-Ingredient Sugars and Syrups, and in Dried Cranberry and Cranberry Beverage Products

Today, FDA published notice of the availability of a final guidance for industry, entitled: The Declaration of Added Sugars on Honey, Maple Syrup, Other Single-Ingredient Sugars and Syrups, and Certain Cranberry Products (June 2019).  The final guidance provides industry with some rational relief from the added sugars nutrition labeling requirements that predated it.  That relief …

Added Sugars in Pure Honey and Maple Syrup, and Other Single-Ingredient Sugars and Syrups, and in Dried Cranberry and Cranberry Beverage Products Read More »

FDA Begins to Move on CBD Policy and Enforcement

Earlier this week, the FDA made significant movement on issues and policy involving cannabis and its components, including cannabidiol (CBD).  The agency issued a notice in the Federal Register announcing a hearing and requesting comments on “scientific data and information about products containing cannabis or cannabis-derived compounds.”  84 Fed. Reg. 12,969.  FDA and the Federal …

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FDA holds public meeting in April 2015

FDA’s Final Rule on Intentional Adulteration of Food: Public Meeting and Guidance

FDA has announced a public meeting to discuss its recent Draft Guidance for industry on the agency’s intentional adulteration of food regulation, promulgated under FSMA, i.e., “Mitigation Strategies to Protect Against Intentional Adulteration” (Final Rule), codified at 21 C.F.R. Part 121.  The public meeting is taking place on April 17, 2019, from 8:30 AM to …

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