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 »
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 »
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Data, Information, and Comments (comments due within 45-days of publication); and A notice of availability about a draft guidance (comments due within 60-days of publication), Draft Guidance for Industry: Scientific Evaluation of the Evidence on the Beneficial Physiological Effects of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 »
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 »
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 »
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 »
FDA today published notification of the availability of an updated, draft guidance on food facility registration, Questions and Answers Regarding Food Facility Registration (Seventh Edition): Guidance for Industry (Nov. 2016). Publication of this draft guidance coincides with the 2016 Food Facility Registration biennial renewal period, which began on October 1, 2016, and will end on
CFSAN Issues Updated Guidance on Food Facility Registration Read More »
As previously reported, at an upcoming, November 15, 2016, public meeting of the Proposition 65 Carcinogen Identification Committee (CIC), aspartame will be discussed prior to the CIC sending advice to the Office of Environmental Health Hazard Assessment (OEHHA) relative to the prioritization of aspartame for possible preparation of hazard identification materials and prospective inclusion on
Aspartame Potentially Subject to California Prop 65 Listing – Update Read More »
The Food and Drug Administration (FDA) is showing a willingness to modify its recently finalized rule establishing Reference Amounts Customarily Consumed (RACCs) used to set serving sizes on the Nutrition Facts label. The agency announced two requests for information (RFI) inviting comments on 1) the appropriate RACC and product category for flavored nut butter spreads
FDA has issued two Small Entity Compliance Guides (SECG) to enable domestic and foreign food facilities to better understand and comply with the requirements of two final rules implementing the FDA Food Safety Modernization Act. See generally Food for Animals Small Entity Compliance Guide Availability; Human Food Small Entity Compliance Guide Availability. The final rules
FDA has made available for comment a draft guidance for industry that sets forth its current thinking about compliance with provisions of four FSMA final rules that require an entity (e.g., supplier) to include a disclosure statement, in documents accompanying a food, that certain hazards requiring a control have not been controlled by that entity.
Five OFW Law Attorneys Named to 2017 Best Lawyers in America for FDA Law One of OFW Law’s Founding Principals, Richard L. Frank, was recognized as the Health Care Lawyer of the Year in the 2017 Washington, D.C., edition of The Best Lawyers in America. Only a single attorney in each practice area and designated metropolitan
OFW Founder Rick Frank Named Best Lawyers® Washington DC Health Care Lawyer of the Year Read More »
Today, FDA’s Center for Devices and Radiological Health published a proposed rule that would require manufacturers to electronically submit the device label and package insert for Class II and Class III devices labeled for “home-use.” The proposed rule is intended to implement the listing requirement for the submission of labels and package inserts for home-use
CDRH Proposes Submission Requirements of Labeling for Certain Home-Use Devices Read More »
FDA has issued a revised guidance that explains the necessity of having food product categories in food facility registrations submitted to FDA under section 415 of the FD&C Act (21 U.S.C. 350d), and that updates the food product categories to be used in food facility registrations. See generally Necessity of the Use of Food Product
FDA Revises Food Product Categories for Food Facility Registrations Read More »
FDA has defined the term, “healthy” (and related terms, including “health,” “healthful,” “healthfully,” “healthfulness,” “healthier,” “healthiest,” “healthily,” and “healthiness”), when used as an implied nutrient content claim in labeling human food products, at 21 C.F.R. § 101.65(d)(2). Today, FDA published a Federal Register notice announcing that the agency has established a docket to receive information
“Healthy” Regulatory Definition To Be Revised? Read More »
The Carcinogen Identification Committee (CIC) – California’s qualified experts on carcinogenicity for purposes of Proposition 65 (Prop 65)) – pursuant to a meeting scheduled for November 15, 2016, will be providing the state’s Office of Environmental Health Hazard Assessment (OEHHA) with advice on the prioritization of aspartame for possible preparation of hazard identification materials. While
Aspartame Potentially Subject to Prop 65 Listing Read More »
FDA has published Federal Register notice of an extension of the comment periods for issues pertaining to its draft guidance, entitled “Voluntary Sodium Reduction Goals: Target Mean and Upper Bound Concentrations for Sodium in Commercially Processed, Packaged, and Prepared Foods.” The agency is taking this action in response to requests to extend the two comment
FDA Extends Comment Periods on “Voluntary” Sodium Reduction Goals for Foods Read More »
You thought FDA was the only agency implementing the Food Safety Modernization Act (FSMA), well think again. The Occupational Safety and Health Administration (OSHA) promulgated a final rule that defines whistleblower protections for employees that disclose information about alleged food safety issues in violation of the Federal Food Drug and Cosmetic Act (FDCA). FSMA
OSHA and FSMA (No, Not FDA This Time) Read More »
FDA issued today a new draft guidance to help industry comply with certain requirements in the final rule on Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food. The new draft guidance was issued only in part because the agency is still working on additional chapters. See generally Hazard Analysis
FDA has published seven foundational rules to implement FSMA, and compliance dates are quickly approaching: Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food Earliest compliance date: September 19, 2016 Current Good Manufacturing Practice [CGMP], Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals Earliest compliance date: September 18,
FDA Extends Certain FSMA Compliance Dates Read More »
By former USDA Secretary John R. Block Yes – We now have legislation to deal with the GMO labeling question. Without the legislation, all the states could have required different labels on their food products. A patchwork national plan like that would have cost consumers a lot more money for their food. However, the battle is
John Block: GMO Labeling Read More »
FDA has published a final rule (81 Fed. Reg. 54,959 (Aug. 17, 2016)), based on its 1997 proposed rule (62 Fed. Reg. 18,937 (Apr. 17, 1997); see also 75 Fed. Reg. 81,536 (Dec. 28, 2010) (reopening comment period)), which: Clarifies the criteria for when the use of a substance in a food for humans or
FDA Finalizes GRAS Rule Read More »
Today, the Food and Drug Administration (FDA) published in the Federal Register a final rule that amends relevant FDA regulations in Title 21 of the C.F.R. to change the address of the Center for Food Safety and Applied Nutrition (CFSAN). 81 Fed. Reg. 49894 (Jul. 29, 2016). CFSAN did not actually move its physical location
CFSAN Changes Address Read More »
Contributor: Rachel Rosenberg As of July 16, 2016, FDA’s amendment to expand the safe uses of vitamin D2 and D3 as nutrient supplements in food for human consumption became effective. This amendment stems from a food additive petition (FAP 3A4801) filed by Dean Foods Company and WhiteWave Foods Company. Vitamin D2 may now be used
FDA Amends Food Additive Regulations to Expand Permitted Uses of Vitamin D in Food Read More »
The agency on July 14, 2016 published FDA Foods and Veterinary Medicine Program (FVM) – Strategic Plan — Fiscal Years 2016–2025. This FVM Program outlines goals and objectives for the next 10 years: GOAL 1: Food Safety Hazards — Protect America’s Consumers and Animals from Foreseeable Hazards 1.1: Establish and gain high rates of
FDA’s Strategic Plan for Foods and Veterinary Medicine Read More »
Yesterday, Senate Agriculture Committee Chairman Pat Roberts (R-KS) and Ranking Member Debbie Stabenow (D-MI) released their long-awaited bill that would establish a federal GMO labeling regime and preempt any state laws, such as Vermont’s Act 120. This legislation, unlike earlier attempts, is expected to garner enough support to gain enough support to pass in the
Senate Ag Leaders Unveil Compromise GMO Labeling Bill Read More »
Last week, FDA’s Center for Devices and Radiological Health (CDRH) announced the availability of a Draft Guidance on “Dissemination of Patient-Specific Information from Devices by Device Manufacturers” to clarify that “manufacturers may share patient-specific information recorded, stored, processed, retrieved, and/or derived from a medical device with the patient who is either treated or diagnosed with
The Food and Drug Administration (FDA) has published in the Federal Register a final rule on Mitigation Strategies to Protect Food Against Intentional Adulteration, 81 Fed. Reg. 34,165 (May 27, 2016), 21 C.F.R. Part 121 (Final Rule). The proposed rule was issued on December 24, 2013. The revisions in the Final Rule are largely designed
FDA yesterday released so-called “voluntary” targets for sodium reduction for 150 categories of foods. A spreadsheet issued by the agency details baseline sodium content for each of the categories and lists short-term and long-term targets. In its draft guidance, the agency says it “recognizes the important role of sodium in food for microbial safety, stability,
“Voluntary” FDA Sodium Targets May Bind Food Companies Read More »
FDA has finalized a new food safety rule under the Food Safety Modernization Act (FSMA) that is intended to help prevent wide-scale public health harm by requiring companies in the U.S. and abroad to take steps to prevent intentional adulteration of the food supply, including acts of terrorism targeting the food supply. While such insidious
Pursuant to consideration of public comments submitted on its October 2009 draft guidance document (see our prior article here), FDA today announced (81 Fed. Reg. 33,538) the availability of its finalized guidance document, Guidance for Industry: Ingredients Declared as Evaporated Cane Juice (May 2016). The guidance document essentially conveys FDA’s view that sweeteners derived from
FDA Nixes “Evaporated Cane Juice” as Ingredient Name Read More »
FDA has issued final regulations changing the requirements for the Nutrition Facts label required on almost all foods since 1994. A picture tells a thousand words, or in this case, more than 1000 pages of typewritten text detailing the new regulations that will appear in the Federal Register on May 27, 2016. The following is
FDA Issues Final Regulations for Nutrition Facts Labeling and Serving Size Changes Read More »
FDA has updated and published its Guidance for Industry: Frequently Asked Questions About Medical Foods; Second Edition (05/12/2016). The guidance document is consistent with the agency’s good guidance practices regulation, 21 C.F.R. § 10.115. FDA published earlier versions of the guidance document in May 1997 and May 2007. This guidance is a second edition of
FDA Finalizes Guidance Document about Medical Foods Read More »
FDA has published a Level 1 guidance document, entitled “A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods—Part II (Menu Labeling Requirements in Accordance with 21 CFR 101.11).” 81 Fed. Reg. 27,067 (May 5, 2016). The guidance document is issued consistent with the agency’s good guidance practices regulation (21 C.F.R. § 10.115), and
Final Menu Labeling Guidance Issues: Setting Effective Date for Menu Labeling Final Rule Read More »
Earlier this week, the George Washington University Regulatory Studies Center released a significant report, “International Regulatory Cooperation: Benefits, Limitations, and Best Practices.” This report builds on earlier work done by the Center and examines opportunities to improve regulatory cooperation between the European Union and the United States. The report is timely because negotiators from the
EU-US Regulatory Cooperation: Strides Made, but More Can Be Done Read More »
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