Public Policy

E-Warranty Act Changes Landscape for Consumer Product Warranties

Consumer Product manufacturers that offer warranties should take note of new options available to them under the E-Warranty Act of 2015 (S. 1359, 114th Cong. § 3 (2015)), signed into law by President Obama on September 24, 2015.  The new law amends the Magnuson-Moss Warranty Act of 1975 to allow manufacturers to make their warranties […]

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Regulatory Reform Bills Could Improve Agency Rulemaking

By former CPSC Commissioner Nancy Nord, as published on The Hill’s Congress Blog The legislative agenda of the 114th Congress shows a growing concern that regulatory activities of both independent and executive branch agencies have pushed the envelope with respect to both their legal authority and sound regulatory policy.  The Regulatory Accountability Act (S. 2006),

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House Speaker John Boehner Announces Retirement, Ending Motion to Vacate the Chair

Today, Speaker John Boehner (R-Ohio) announced to House Republicans that he is retiring from Congress at the end of October.  Boehner, now in his fifth year as Speaker of the House, faced a challenge no other House Speaker had faced in over a century: A Motion to Vacate the Chair spearheaded by a small, conservative

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The Dietary Guidelines and Moderate Alcohol Consumption

Officials at the Department of Health and Human Services (HHS) and the Department of Agriculture (USDA) have an opportunity to reiterate vital guidance on moderate drinking of alcoholic beverages with the coming new edition of Dietary Guidelines for Americans. USDA and HHS are putting the final touches on the new Guidelines, which are revised and

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The Agriculture Biotechnology Riddle

The debate over agriculture biotechnology (aka genetic engineering (GE), genetic modification (GM), and GM organisms (GMOs)) was front and center in July. First, the White House issued an Executive Memorandum (“the Memorandum”) entitled “Modernizing the Regulatory System for Biotechnology Products.”  The Memorandum, issued by the White House Office of Science and Technology Policy and Council

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“Hide No Harm” Channels Public’s Safety Concerns

Last week, the Senate Commerce Committee marked up legislation reauthorizing the National Highway Safety Administration (NHTSA).  Why should a food company, a company that makes medical devices or a one that sells consumer products have this on its radar screen?  Because, during the mark-up, Senator Richard Blumenthal (D-CT) offered an amendment to incorporate elements of

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Inclusion in the TPP May Come at a Cost for Canada

As President Obama signed Trade Promotion Authority into law, he removed a major stumbling block to completion of the Trans-Pacific Partnership (TPP) trade negotiation when chief negotiators, and then Ministers, meet in Maui July 24-31.  However, a sticking point for many of the countries in the negotiation may be Canada’s reluctance to nix their protectionist

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House to Vote on GMO-Labeling Preemption Bill Tomorrow

On Thursday, the full U.S. House of Representatives will vote on H.R. 1599, which is officially titled “The Safe and Accurate Food Labeling Act of 2015.” The bill (full text here) would establish a federal standard for when foods containing genetically-engineered ingredients would be labeled as such and would preempt all state laws that pertained

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John Block Reports: Let’s Keep A Strong Alcohol Section in the 2015 Dietary Guidelines

OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block: Today’s Quiz: What has more alcohol – a 12 oz can of beer? A 5 oz glass of wine? Or, a mixed drink with 1.5 oz of spirits? Answer – they all have the same amount of alcohol. 0.6 fl oz. With

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The White House Announces Plans to Update the U.S. Regulatory Framework for Biotechnology

On July 2nd, the White House issued an executive memorandum on “Modernizing the Regulatory System for Biotechnology Products.”  The modernization effort will apply to “biotechnology products” defined as “products developed through genetic engineering or the targeted or in vitro manipulation of genetic information of organisms, including plants, animals, and microbes.”  It will not affect regulation

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Food Policy: Lots to Do with a Limited Number of Legislative Days

Policy wonks could say that they have been thrilled these past two weeks.  Congress spent a great deal of time dealing with specific issues related to nutrition standards, and finished with a historic joint committee hearing that focused on the interplay between the Supplemental Nutrition Assistance Program (SNAP) and other public assistance programs with the

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Device Firms: What You Should Know About The 21st Century Cures Act

Last month, legislation that would affect, among other things, FDA’s regulation of medical devices and the manufacturers of such devices took a considerable step forward when it was introduced and then unanimously approved by the House Energy and Commerce Committee by a vote of 51-0 on May 21.  Known as the 21st Century Cures Act (“Act”),

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Former Consumer Products Safety Commissioner Nancy Nord Joins OFW Law

We are pleased to announce that Nancy Nord, former Acting Chair of the United States Consumer Product Safety Commission, has joined OFW Law as Of Counsel.  Nord is a nationally recognized expert on safety regulation and corporate compliance with a wealth of experience in both the public and private sectors. Please click the announcement, below,

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FDA Releases Draft Guidance on Compounding Animal Drugs

Yesterday, FDA released a Draft Guidance for Industry on Compounding Animal Drugs from Bulk Drug Substances (Draft Guidance).  The Federal Register notice accompanying the Draft Guidance can be found here.  The agency also withdrew its previous Compliance Policy Guide (CPG) 608.400, Compounding of Drugs for Use in Animals. Though FDA has been actively implementing Title

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Mike’s Legacy

By Marshall L. Matz, as published in Agri-Pulse Michael B. Jandreau, the visionary leader of the Lower Brule Sioux Tribe in South Dakota for almost 40 years, passed away last month at the age of 71.  Known to all as “Mike” he believed that Indian Tribes had to establish a private sector economy on the Reservations if

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May 19 Webinar on the Drug Supply Chain Security Act

Tish Eggleston Pahl will be speaking on May 19 at a webinar on dispenser obligations under the Drug Supply Chain Security Act (DSCSA).  The webinar is sponsored by the Healthcare Distribution Management Association (HDMA).  This “DSCSA Overview for Dispensers” continues HDMA’s education and outreach on the pharmacy and hospital–related implementation requirements under the DSCSA.  Particular focus

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John Block: Raisins

By John R. Block The U.S. Supreme Court decides a lot of very serious, high-profile cases – gay marriage for example. However, recently, they heard one about raisins. Yes – raisins. The Raisin Program dates back to the Great Depression of the 1930s. President Roosevelt cut the production of many farm products to reduce surplus and

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Tonight: Global Child Nutrition Foundation Honors USDA Secretary Vilsack

Please join the Global Child Nutrition Foundation (GCNF) and its partners in honoring Secretary Vilsack for his remarkable achievements in child nutrition. GCNF’s Annual Gala has become a signature Washington event, bringing together executives from industry as well as high-level officials from both government and NGO’s.  It will take place tonight, from 5:30-7:30 PM, at the

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2015 Dietary Guidelines Advisory Committee Report Mixes Science and Policy

The 2015 Dietary Guidelines Advisory Committee (DGAC) submitted its report to the Secretaries of Agriculture and Health and Human Services last month and disbanded.  It is now up to the USDA and HHS to take the DGAC’s conclusions and recommendations and issue a revised edition of the Dietary Guidelines for Americans.  Interested persons may submit

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The Vilsapp: Secretary Vilsack’s High Tech Solution to Labeling

By Marshall L. Matz, as published in Agri-Pulse The March edition of the National Geographic Magazine, in its cover story entitled “The War on Science,” notes that “there’s no evidence that GMO’s are harmful to human health.” A recent Pew poll found that 90% of all scientists believe GMO’s are safe but only 37% of the public

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Webinar: Drug Supply Chain Security Act Overview for Dispensers

On April 21, OFW Law’s Tish Eggleston Pahl will participate in a webinar being held by the Healthcare Distribution Management Association (HDMA) for dispensers on implementation of the Drug Supply Chain Security Act (DSCSA) Register Today! Learn what is expected of dispensers as it relates to the DSCSA through a HDMA webinar on Tuesday, April 21 from 2:00–3:00

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Dietary Guidelines – Confused About Caffeine

The news wires have been buzzing lately about the recently released scientific report of the Dietary Guidelines Advisory Committee. One of the hottest topics for discussion is how out of step the report is on a number of issues, including the Committee’s dive into political matters like sustainability, soda taxes, and “added sugar” labeling. These

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No Horsing Around – Nevada Federal Judge Dismisses Burro Suit Against Interior Dept.

The serious environmental problems caused by unchecked wild horse populations on western rangelands are well known to state and local governments, Native American tribes, ranchers and farmers.  Efforts, however, to prompt the U.S. Department of Interior (“Interior Dept.”) and its Bureau of Land Management (“BLM”) to address widespread environmental damage and other impacts caused by

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So Which USDA Regulations Would You Like to Change?

We know that people often disagree with any number of the different regulations that have been put in place for the administration of USDA’s programs – agricultural program operations, nutrition programs, rural development programs, energy programs, conservation programs, and the list goes on. Well, now is the chance to speak up. In the Federal Register

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Trade is Critical to Rural America; Agriculture is Key to TPA

Trade policy may present an opportunity for the Obama Administration and the Congress to work together in a bipartisan manner but it is sure not unanimous.   While Agriculture Secretary Vilsack and U.S. Trade Representative’s Chief Agriculture Negotiator Darci Vetter are making the case for Trade Promotion Authority (TPA), Senator Ron Wyden, the Senior Democrat on

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