Food, Ag, & Trade Outlook in the Incoming Trump Administration

The food, agriculture, and trade sectors are aware the Trump Administration could bring myriad policy changes that could have a significant impact on business.    Find our memo here (https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:93905a96-fd6e-40f0-8f61-4f770af90626) that provides OFW Law’s initial outlook at the new administration’s approach to food, agriculture, and trade, which will be influenced by individual cabinet and other […]

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Priority Deliverables For 2025 Under the New Unified Human Foods Program

On October 30, 2024, the U.S. Food and Drug Administration’s (FDA or Agency) Unified Human Foods Program (HFP or Program) released its Fiscal Year (FY) 2025 Priority Deliverables (the Deliverables). The Deliverables are areas, and subareas, that the HFP plans to prioritize in FY 2025: • Microbiological Safety: Preventing and addressing foodborne illness• Food Chemical

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CBP Operations During ILA Strike – Updates from CBP Trade Call and Recent Cargo Systems Messaging Service

The International Longshoremen’s Association (ILA) strike is in effect as of October 1, 2024, until the large U.S. maritime workers’ union finalizes negotiating with the United States Maritime Alliance (USMX). This strike has shut down approximately 36 major U.S. ports along the East Coast and the Gulf of Mexico leading to significant disruption in U.S.

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CANNASWEEP

August 2024 OFW’s Cannabis Team regularly monitors cannabis news, legislation, regulation, and policy. Our monthly CannaSweep publication summarizes this coverage to keep our clients up-to-date on the latest developments impacting their business. Contact Ben Dash about our Congressional Bill Tracker for monthly tracking of cannabis-related legislation introduced in the U.S. Congress. Please contact us if you have

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OFW Adds Seasoned Advocate to Government Relations Practice

Washington, DC, July 24, 2024 – OFW is pleased to announce Eric Steiner has joined Olsson Frank Weeda Terman Matz’s (OFW) Government Relations team as a Senior Policy Advisor.   Steiner has previously led in-house government relations work at Kraft Foods, Elanco Animal Health, and on behalf of industry groups, including the National Association of

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FDA and FTC Issue Warning Letters to Companies Selling Copycat Delta-8 THC Food Products

On July 16, 2024, the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters to six companies for illegally selling copycat food products containing delta-8 tetrahydrocannabinol (THC) and introducing them into the marketplace, violating the Federal Food, Drug, and Cosmetic (FD&C) Act. The FDA highlighted two primary concerns: the

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Loper Bright + Corner Post = Supreme Court Opinions and Their Impact on FDA- and USDA-Regulated Industries 

The U.S. Supreme Court recently issued two important opinions for any entity regulated by a federal agency, such as FDA and USDA.  1. Loper Bright Enterprises v. Raimondo, slip op. 22-451, (June 28, 2024) (Loper Bright): For 40 years, Chevron USA, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) required courts to defer

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Six Months and Counting – EU’s Deforestation-Free Supply Chain Regulation

Background   On June 29, 2023, the EU’s Regulation on deforestation-free products entered into force, with an 18-month transition period until enforcement begins on December 30, 2024.  The rationale for the regulations is to limit the expansion of agricultural land that is linked to the production of specific products, currently defined as cattle, wood, cocoa, soy,

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USDA-AMS Announces Proposed Revision to the Packers and Stockyards Regulations

On June 3, 2024, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced a pre-published version of the proposed rule, “Poultry Grower Payment System and Capital Improvement Systems.” The Proposed Rule is part of the agency’s broader effort to increase transparency and address potential deception and unfairness in contracting arrangements. The Proposed Rule

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USTR and the White House Announce the Increase of Section 301 Tariffs on Certain Products, a Limited Exclusion Process, and the Increase of CBP Enforcement

Today, the White House and the Office of the U.S. Trade Representative (USTR) announced the results of the USTR’s statutory 4-year review of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation (the China tariffs imposed under former President Trump).  As had

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Cannabis Administration and Opportunity Act (CAOA) Reintroduced Following Rescheduling Announcement

On May 1, 2024, Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR), and Senator Cory Booker (D-N.J.)  reintroduced the Cannabis Administration Opportunity Act (text available here). The reintroduction follows the news last week that the Drug Enforcement Administration (DEA) had begun the formal rulemaking process to move marijuana from Schedule I

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Oh, SNAP! Might Congress Finally Level the SNAP Retailer Playing Field?

Few Americans are aware that a federal agency, USDA’s Food and Nutrition Service (FNS), makes decisions that often result in the permanent disqualification of grocers, supermarkets, and convenience stores from SNAP, formerly know as the federal food stamp program, based on information and records never provided to stores or their attorneys.  It is mind-boggling for

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CANNASWEEP

WEEK OF APRIL 5, 2024 OFW’s Cannabis Team regularly monitors cannabis news, legislation, regulation, and policy so our clients stay up-to-date on the latest developments impacting their business. If you have any questions or would like more information about any of the items below, please contact us. We also track cannabis-related legislation introduced in the U.S. Congress. 

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The Emerging Legal Impacts of Generative AI on Patents and Trademarks: A Symposium with the USPTO and U.S. Copyright Office

As generative artificial intelligence (AI) systems become increasingly powerful and widespread, the United States Patent and Trademark Office (USPTO) is beginning to evaluate the legal implications for intellectual property rights and protection. On March 27th, the USPTO and the U.S. Copyright Office jointly held a public symposium to explore the emerging challenges AI presents across

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