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  • Riëtte van Laack

    • BE labeling Rule Challenge Largely Fails but Court Takes Issue with Electronic and Text Message Disclosure OptionsSeptember 29th, 2022

      As we  previously reported, about two years ago, the Natural Grocers, Citizens for GMO Labeling, Label GMOs, Rural Vermont, Good Earth Natural Foods, Puget Consumers Co-op, and the Center for Food Safety (“Plaintiffs”) filed a complaint against USDA challenging USDA’s the final rule implementing the …

    • FDA Publishes Two Draft Guidances Addressing Non-prescription Drugs LabelsSeptember 15th, 2022

      On September 9, 2022, FDA published two notices regarding draft guidance related to labeling of drug products: a notice on the publication of a draft guidance on the Statement of Identity and Strength — Content and Format of Labeling for Human Nonprescription Drug Products and …

    • Proposed Rule for Organic Livestock and Poultry Production; Outdoor Access Requires More than a Screened PorchAugust 17th, 2022

      On August 5, the United States Department of Agriculture’s Agricultural Marketing Service (AMS) announced a proposal to amend the organic livestock and poultry production requirements by adding new provisions for livestock handling, transport for slaughter, and avian growing/living conditions, as well as provisions to clarify …

    • A New Bill Would Take the F Out of FDAJuly 27th, 2022

      A couple of weeks ago, Senator Durbin and Representative DeLauro introduced the Food Safety Administration Act.  The legislation would create the Food Safety Administration (FSA), a food safety agency that would incorporate FDA’s food safety and veterinary medicine centers and the Office of Regulatory Affairs’ …

    • PETA Petition to FSIS to Remove Animal Raising Claims from Label Approval ProcessJuly 19th, 2022

      Last month, the People for Ethical Treatment of Animals (PETA) submitted a petition to the Food Safety and Inspection Service of the U.S. Department of Agriculture (FSIS) requesting that FSIS initiate rulemaking to remove animal raising claims from the label approval process because, according to …

    • Will Modernization of Cosmetic Regulation Finally Happen?July 7th, 2022

      On June 14, 2022, the Senate Health, Education, Labor and Pensions Committee voted to pass the FDA Safety and Landmark Advancements (FDASLA) Act (S.4348).   While FDASLA focuses on user fees and includes several other provisions regarding drugs and devices, it also includes provisions related to …

    • The FTC Proposes Updates to its Endorsement GuidesJune 17th, 2022

      Last month, the FTC announced and posted a prepublication of its proposed changes to its guides concerning the use of endorsements in advertising (Endorsement Guides). The Endorsement Guides date back several decades. Since the publication of the original Endorsement Guides in 1975, FTC has made several …

    • FDA Issues Flurry of Warning Letters Regarding Adulterated Dietary SupplementsMay 24th, 2022

      On Monday May 9, 2022, FDA issued an “update”  announcing that it had sent 11 Warning Letters to companies that distributed dietary supplements alleged to be adulterated because one or more ingredients in the companies’ products contained an illegal dietary ingredient. (Two days later, one …

    • FDA Reports on Accomplishments for First Year of OMUFAMarch 9th, 2022

      As readers of this blog may recall, in March 2020, as part of the CARES Act, the FDC Act was amended to include statutory provisions that (1) reform and modernize the way over-the-counter (OTC) monograph drug products are regulated in the United States and (2) …

    • CPSC Updates Guidance: “Household Substances” Not Intended for Household Use Are Subject to Poison Prevention Packaging ActMarch 2nd, 2022

      On February 18, 2022, the US Consumer Product Safety Commission’s (CPSC) Office of Compliance and Field Operations issued a guidance for household substances not intended for household use under the Poison Prevention Packaging Act (PPPA). No, that is not a typo.  The revised immediately effective guidance …

    • NPA Files Complaint Seeking to Prevent FDA from Applying the Exclusionary Clause RetroactivelyDecember 20th, 2021

      On December 7, 2021, the Natural Products Association (NPA) filed a complaint seeking an injunction based on FDA’s actions excluding N-acetyl-L-cysteine (NAC) from the definition of dietary supplement.  At issue is FDA’s interpretation of the “exclusionary clause,” section 201(ff)(3)(B)(ii) of the FDC Act, which among …

    • FDA Proposes Substantial Changes to Agricultural Water RequirementsDecember 14th, 2021

      On December 6, 2021, FDA published a proposed rule to reorganize and amend the highly criticized agricultural water provisions of the Produce Safety Rule (PSR). This marks the Agency’s latest effort to balance public health protections with covered farms’ persistent concerns that the current provisions …

    • California Goes Above and Beyond the FTC’s Green Guides, Creates a New Standard for RecyclableNovember 1st, 2021

      On October 5, 2021, California signed SB 343 “Truth in Labeling for Recyclable Materials” into law, amending the state’s law relating to environmental advertising. The result is a California law that is significantly more narrow than the  Federal Trade Commission Guides for the Use of Environmental …

    • The FTC Resurrects Its Penalty Offense Authority in a Big WayOctober 20th, 2021

      Last fall, when AMG Capital Management, LLC v. FTC was pending before the Supreme Court, former Federal Trade Commission (FTC) Commissioner Rohit Chopra (now Director of the Consumer Financial Protection Bureau) and Samuel Levine (recently appointed Director of the FTC’s Bureau of Consumer Protection) coauthored …

    • FSIS Begins the Process of Rule Making for Labeling of Cultured or Cell-Based Meat and PoultrySeptember 9th, 2021

      As readers of our blog know, FDA and the Food Safety Inspection Service of the USDA (FSIS) agreed to jointly oversee the production of human food products using animal cell culture technology.  Under the Memorandum of Understanding signed in March 2019, FDA will oversee cell …