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  • Riëtte van Laack

    • Look What the Cat Dragged In: FDA’s Draft Guidance on Urinary Tract Health Claims for Cat FoodDecember 13th, 2023

      On November 30, FDA’s Center for Veterinary Medicine (CVM) released a draft guidance, “Using Relative Supersaturation to Support ‘Urinary Tract Health’ Claims for Adult Maintenance Cat Food,” to provide recommendations for how pet food companies manufacturers can use relative supersaturation (RSS) methodology to support urinary …

    • Silence Isn’t Golden: Two Executives Convicted in First Criminal Prosecution Under the Consumer Product Safety ActNovember 28th, 2023

      Although the Consumer Product Safety Act (CPSA) has been around for over 50 years to “protect the public against unreasonable risks of injury associated with consumer products,” it was not until 2008 that the statute was amended to authorize the Consumer Product Safety Commission (“CPSC”) …

    • FDA Proposes to Ban Brominated Vegetable Oil in FoodNovember 23rd, 2023

      For any of our readers seeking recommendations on which drinks pair well with turkey this Thanksgiving, certain fruit-flavored beverages may be off the table.  Earlier this month, FDA issued a proposed rule that would revoke 21 C.F.R. § 180.30, its interim authorization of the use of …

    • It’s About Time: FDA’s Proposed Rule to Amend Prior Notice RegulationsNovember 10th, 2023

      On October 31, 2023, the U.S. Food and Drug Administration (FDA) issued a proposed rule that would amend its prior notice regulations to add new information requirements and deadlines.  More specifically, the proposed rule, if finalized, would: Amend 21 C.F.R. § 1.281(b)(10) to require that prior …

    • FDA Issues Draft Guidance on Registration and Listing for Cosmetics Required under MOCRAAugust 14th, 2023

      On August 7, 2023, a little less than five months before the registration and listing of cosmetic product facilities and products becomes mandatory, FDA announced the availability of a draft guidance regarding the new facility registration and product listing requirements under the Modernization of Cosmetic …

    • Zootechnical Animal Food Substances; a New Category of Animal Food Additives ProposedJune 28th, 2023

      On June 8, 2023, bipartisan legislation creating a new category of animal feed ingredients, named zootechnical animal food substances, was introduced.  This legislation, named the Innovative Feed Enhancement and Economic Development Act (Innovative FEED Act), is an effort to create an approval process for ingredients …

    • Pet Food Institute Proposes Modernization of Pet Food and Treats RegulationJune 13th, 2023

      FDA regulates pet food similar to other animal foods. The Federal Food, Drug, and Cosmetic Act (FDC Act) requires that all animal foods, like human foods, be safe to eat, produced under sanitary conditions, contain no harmful substances, and be truthfully labeled. As anyone familiar …

    • FDA Releases Draft CPG on Major Food Allergen Labeling and Cross-ContactMay 24th, 2023

      On May 16, the U.S. Food and Drug Administration (FDA) released a draft update to its Compliance Policy Guide (CPG) for FDA staff on the Agency’s enforcement of major food allergen labeling and cross-contact.  The draft CPG reflects the three major laws and regulations that …

    • AAFCO Publishes Proposed Common Food Index of 72 Foods; Requesting FeedbackMay 15th, 2023

      For those readers unfamiliar with the regulation of animal food ingredients in the United States, below is a brief background. In the United States, animal food (feed) regulations are enforced by state and federal regulatory officials.  At the federal level, the Center of Veterinary Medicine (CVM) …

    • The FTC Asserts Its Penalty Offense Authority (Again)April 18th, 2023

      On April 13, the Federal Trade Commission (“FTC” or “Commission”) issued a press release that it had sent letters to “almost 700 marketing companies that they could face civil penalties if they can’t back up their product claims.” FTC indicates that the notices were sent to companies …

    • Be Still, My Beating Heart: FDA Announces Qualified Health Claims for Cocoa Flavanols and Reduced Risk of Cardiovascular DiseaseFebruary 14th, 2023

      Chocolate-lovers and hopeless romantics rejoice: FDA has announced that it does not intend to object to the use of certain qualified health claims regarding the relationship between the consumption of cocoa flavanols in high flavanol cocoa powder and a reduced risk of cardiovascular disease. Though not …

    • A Holiday Surprise; FTC Published Its Health Products Compliance GuidanceJanuary 11th, 2023

      On Dec. 20, 2022, FTC announced the publication of its Health Products Compliance Guidance (“new Guidance”). FTC staff  prepared the new Guidance to update and replace Dietary Supplements:  An Advertising Guide for Industry, issued in 1998 (“1998 Guidance”).  The new Guidance provides the first update …

    • Modernization of Cosmetics Regulation Act of 2022 Passes!December 28th, 2022

      On December 23, 2022, when many of us were distracted by the cold weather, Congress passed the Food and Drug Omnibus Reform Act of 2022 (“FDORA”) as part of the Consolidated Appropriations Act of 2023. FDORA includes, as subtitle E, the Modernization of Cosmetics Regulation …

    • FDA Finalizes Guidance Re Enforcement Policy for Homeopathic DrugsDecember 16th, 2022

      On December 7, 2022, FDA announced the availability of the final guidance regarding the enforcement policy for homeopathic drug products.  This concludes FDA’s reevaluation of the regulation of homeopathic drugs which it started in 2015. As we reported previously, here, and here, as a result of …

    • FDA Draft Guidance: Everything You May Want to Know about OMUFA FeesNovember 14th, 2022

      Early Nov. 2022, FDA published a draft guidance on FDA’s implementation of the Over-the-Counter Monograph Drug User Fee Program (OMUFA). The draft guidance provides information regarding various aspects of the OMUFA program under sections 744L and 744M of the FDC Act,  as added by the …