WEEK OF JANUARY 15, 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 […]
As OFW Law’s Cannabis Team launches our new blog, CannaSweep, the team thought it would be helpful to explain what all is “swept” under the cannabis umbrella. For our first post, we describe what “cannabis” is and how it has found its way into agriculture, foods, cosmetics, drugs, and other commercial applications. It’s all Cannabis
On January 12th, 2024, during an interview with Agri-Pulse (found here), OFW’s own Roger Szemraj discussed farm policy dynamics on Capitol Hill and what he’s watching in the weeks ahead. Szemraj noted that the spending figures agreed to for the FY 2024 Appropriations bills were largely in line with Fiscal Responsibility Act, but allocation across
OFW’s Szemraj Discusses Farm Policy Dynamics Read More »
Below we introduce OFW Law’s newest practice group focused on Cannabis. Tish Eggleston Pahl is a Principal at OFW Law. Ms. Pahl is highly experienced counsel to trade associations, and drug, cosmetic, dietary supplement, and food companies. She assists clients interested in manufacturing and marketing human and animal prescription and over-the-counter drugs, dietary supplements,
Meet the OFW Law Cannabis Team Read More »
OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from December that should be highlighted. If you have any questions or would like more information, please do
December Food and Agriculture Regulatory Recap Read More »
On December 26, the USTR announced that it is once again extending the only remaining exclusions from the Section 301 tariffs. The exclusions had been set to run through December 31, 2023, and will now run through May 31, 2024. The draft notice can be found here. Which Exclusions Have Been Extended? The
USTR EXTENDS EXISTING SECTION 301 CHINA TARIFF EXCLUSIONS, AGAIN Read More »
Beginning January 1, 2024, the U.S. Corporate Transparency Act (CTA) will expect a wide range of small companies to begin filing reports identifying “beneficial owners.” These “Beneficial Ownership Information” reports (BOI Reports) include name, birthday, address, and a unique identifying number and issuing jurisdiction from an acceptable identification document. All companies with fewer than 20
Small Businesses Face Reporting Obligations Under The U.S. Corporate Transparency Act Read More »
As part of its ongoing enforcement against unlawful cannabis-containing foods and dietary supplements, the U.S. Food and Drug Administration (FDA) has recently posted two new Warning Letters against cannabis marketers: Both Warning Letters cite the marketers for promoting and distributing human and animal foods and dietary supplements containing (or that purport to contain) the cannabinoids
CBD AND DELTA-8 THC – UPDATE ON FDA ENFORCEMENT Read More »
OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from November that should be highlighted. If you have any questions or would like more information, please do
November Food and Agriculture Regulatory Recap Read More »
OFW’s Customs and Trade team regularly assists food importers with import compliance and enforcement matters. Importers of human foods should be familiar with the importation process and requirements prior to importation. Otherwise, the product and importer could be subject to U.S. Customs and Border Protection (CBP) and U.S. Food and Drug Administration (FDA) enforcements, such
Your Guide to Importing Human Food Into the U.S. Read More »
Did you know that if you travel to the U.S. carrying large amounts of money, you are required to report that money to U.S. Customs and Border Protection (CBP)? Failure to report can lead to the seizure of your money by CBP, with no guarantee that it will be returned to you. The penalties for
Food manufacturers should be aware of some upcoming compliance deadlines in various states that have banned Per- and polyfluoroalkyl substances (“PFAS”) in food packaging. Although federal regulators, like the U.S. Environmental Protection Agency (“EPA”) and the U.S. Food and Drug Administration (“FDA”), are focused on individual PFAS chemicals (like PFOA and PFOS) due to health
Upcoming State Effective Dates for PFAS in Food Packaging Read More »
As per the Department of Commerce’s (“Commerce”) notices published on October 31, 2023 in the Federal Register, Commerce has initiated new antidumping duty (ADD) and countervailing duty (CVD) investigations on aluminum extrusions. Commerce is also requesting comments by November 13, 2023 on the scope (product coverage) and product characteristics of the investigations. The ADD
OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from October that should be highlighted. If you have any questions or would like more information, please do
October Food and Agriculture Regulatory Recap Read More »
On October 17, 2023, Arkansas became the first state to enforce a state law banning certain foreign entities from owning agricultural land (doing so under Act 636, which blocks “prohibited foreign-party-controlled business” from owning public or private land directly or through affiliation). Arkansas Attorney General, Tim Griffin ordered Syngenta Seeds LLC. to sell 160 acres
Arkansas Becomes the First State to Enforce Foreign-Ownership Land Restrictions Read More »
U.S. Customs and Border Protection (CBP) issued the final rule modernizing the customs broker regulations 19 CFR 111 with an effective date of December 19, 2022. Key changes include transitioning to a national permit framework, requiring that a customs broker have direct communication with an importer, revising the standard of care of using responsible supervision
Decoding CBP’s Modernized Customs Broker Regulations – What You Need to Know Read More »
OFW Law proudly congratulates seven of our lawyers: Brett Schwemer (Managing Principal), Stephen Terman (Principal), Arthur Tsien (Senior Counsel), Richard Frank (Senior Counsel), Fred Branding (Principal Attorney), Marshall Matz (Senior Counsel), and Kyla Kaplan (Associate Attorney) for their recognition in the 2024 Addition of Best Lawyers® Washington, D.C. Mr. Schwemer, Mr. Terman, Mr. Tsien, Mr.
OFW Lawyers Recognized in the Best Lawyers 2024 Read More »
OFW is pleased to announce that Thomas Pahl has joined the firm as Of Counsel. Mr. Pahl will focus his work on food and drug consumer protection and competition matters. Adding someone with Mr. Pahl’s broad and deep governmental and regulatory experience to OFW Law enhances our ability to provide advice, counsel, and support to
THOMAS PAHL JOINS FIRM AS OF COUNSEL Read More »
OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from September that should be highlighted. If you have any questions or would like more information, please do
September Food and Agriculture Regulatory Recap Read More »
The U.S. Food and Drug Administration (FDA) has been actively working to address cybersecurity concerns related to medical devices. On March 29, 2023, FDA published a much-anticipated cybersecurity final guidance regarding cybersecurity requirements for medical device pre-market submissions. Medical devices, like many other modern technologies, are susceptible to cybersecurity vulnerabilities that could potentially compromise patient
FDA’s Focus on Cybersecurity Creates Avoidable Risk for Management Read More »
Will we wake up to a federal government shutdown on October 1st? Many of the ingredients required for a shutdown are present. There may be a breakthrough that will allow Congress to coalesce around an approach to appropriations. However, Congress may not get on track to pass all of the appropriations packages by the end
How will FDA and USDA operate during a Government Shutdown? Read More »
The USTR announced that it is extending the only exclusions from the Section 301 tariffs on Chinese-origin goods that currently exist. The exclusions will now run through December 31, 2023. The draft notice can be found here. The exclusions, which fall within two groups, were previously set to expire on September 30, 2023. 352
USTR Extends Existing Section 301 China Tariff Exclusions Read More »
Thursday, September 21 from 12:00 – 1:00 p.m. Click here to register for this event. Space is limited. In today’s global economy, the regulatory and legal landscape can change quickly. OFW will provide a high-level review of customs and trade and litigation trends that could affect product compliance and liability, and the ability to market
OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from August that should be highlighted. If you have any questions or would like more information, please do
August Food and Agriculture Regulatory Recap Read More »
On August 18, 2023, comments were due to Congress on the bipartisan and bicameral request for information (RFI), which sought written stakeholder comments and analysis to “asses[s] the potential for a regulatory pathway for hemp-derived [cannabidiol (CBD)] products that prioritizes consumer safety and provides certainty to the U.S. market.” By way of background on
OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from July that should be highlighted. If you have any questions or would like more information, please do
July Food and Agriculture Regulatory Recap Read More »
** 8/30/2023 UPDATE ** On August 28th, the U.S. International Trade Commission (ITC) issued a preliminary determination that the U.S. domestic industry is being materially injured by imports of pea protein from China. In light of this decision, the next step in the investigations is the U.S. Department of Commerce’s issuance of preliminary determinations as
OFW Law’s USDA Practice Head, John Dillard, will be providing a free webinar on USDA Food Safety Inspection Service (FSIS) regulatory requirements for labeling meat and poultry products on July 12th (Wednesday) at Noon Eastern. The webinar is hosted by the National Agricultural Law Center and is open to the public — CLICK HERE TO REGISTER. John’s
Dillard to Provide Webinar on USDA Meat and Poultry Labeling Requirements Read More »
OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from June that should be highlighted. If you have any questions or would like more information, please do
June Food and Agriculture Regulatory Recap Read More »
In a decision which should come to no surprise to those who represent SNAP retailers in lawsuits against the federal government, a federal court in Rhode Island recently held that the removal of a SNAP judicial review suit filed in state court against the United States to federal court was proper. On June 12, 2023,
On Friday, U.S. Food and Drug Administration (FDA) released its first draft guidance on the conduct of clinical trials for psychedelic drugs. The Draft Guidance for Industry, Psychedelic Drugs: Considerations for Clinical Investigations, if finalized, will guide researchers investigating psychedelics as potential treatments for medical conditions. There has been significant media, marketing, and legislative interest
FDA Issues First Draft Guidance on Clinical Trials with Psychedelic Drugs Read More »
The United States Department of Agriculture (USDA) will include ‘Hemp’ in the title of one of the six Agricultural Technical Advisory Committees (ATACs) – noting a significant evolution in both agriculture and cannabis policy. Specifically, ‘Hemp’ has now earned a place within the ATAC titled ‘Tobacco, Cotton, Peanuts, and Hemp.’ The ATACs were established under
Hemp Now Included in Agricultural Technical Advisory Committee (ATAC) Read More »
In a decision of importance to SNAP retailers, a U.S. District Court judge has held that the thirty-day deadline for seeking judicial review of Final Agency Decisions issued by USDA’s Food & Nutrition Service (FNS) is jurisdictional. In an opinion issued on June 6, 2023 in Mohammed v. USDA, Case No 22-cv-4721, Judge Mary
On June 12, 2023, the U.S. Food and Drug Administration (FDA) issued a Draft Guidance for tattoo ink manufacturers and distributors entitled, “Insanitary Conditions in the Preparation, Packing, and Holding of Tattoo Inks and the Risk of Microbial Contamination,” to assist manufacturers and distributors of such products in recognizing when tattoo ink may pose contamination
Tattoo Ink Safety – A Reinvigorated Agency Concern Read More »
OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from May that should be highlighted. If you have any questions or would like more information, please do
May Food and Agriculture Regulatory Recap Read More »
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