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    • Non-GMO Claims Get a Boost From USDAMay 15th, 2015

      By Ricardo Carvajal -  The AP reports that USDA has developed a Process Verified Program (PVP) claim for non-GMO corn and soybeans, at the request of “a leading global company.”  The PVP claim was approved under a program operated by USDA’s Agricultural Marketing Service.  The program provides …

    • With Vermont GMO Litigation, Uncertainty All AroundMay 5th, 2015

      By Ricardo Carvajal & JP Ellison – Last week, the federal district court judge presiding over industry’s challenge to Vermont’s law requiring GMO labeling issued a complex decision arising out of dueling motions.  The State of Vermont had asked the court to dismiss the plaintiffs’ complaint, …

    • POM Wonderful Petitions Court for Rehearing En BancApril 21st, 2015

      By Riëtte van Laack – As we previously reported, the U.S. Court of Appeals for the D.C. Circuit issued a decision in what some have identified as a landmark advertising case of the Federal Trade Commission (FTC) against POM Wonderful et al. (POM).  On April 6, …

    • “Diet” Soda Fraud? US Right To Know Claims Coke and Pepsi Are Lying about their Diet Soda ProductsApril 20th, 2015

      By Riëtte van Laack – On April 9, 2015, US Right to Know (USRTK, Petitioner) filed a Citizen Petition (CP) with FDA and sent a letter to the Federal Trade Commission (FTC) requesting action against what USRTK claims is false and misleading use of the term …

    • Organic Stakeholders Sue the National Organic Program over Alleged Substantive Change in Sunset Review ProcessApril 14th, 2015

      By Riëtte van Laack – In an effort to stop the implementation of the National Organic Program’s (NOP’s) interpretation of the sunset review process, a coalition of organic “stakeholders” have filed a lawsuit in the U.S. District Court for Northern California.  The lawsuit alleges that the …

    • Food and Water Watch Takes Another Shot at the AquAdvantage SalmonApril 13th, 2015

      By Jay W. Cormier –  It has been quite some time since the September 2010 Veterinary Medicine Advisory Committee (“VMAC”) meeting that discussed FDA’s review of AquaBounty’s AquAdvantage Salmon application.  Earlier this month, Food and Water Watch – a long-time and very vocal opponent to the …

    • FDA Proposes to Update the Food Facility Registration RulesApril 10th, 2015

      By Riëtte van Laack – On April 9, 2015, FDA published a proposal to amend the regulations regarding registration of food facilities.  The proposal addresses a multitude of issues: codification of certain self-implementing provisions of the Food Safety Modernization Act 0f 2011 (FSMA), amendment of the …

    • FDA Announces Strategy for Review of Animal Food Ingredients, With Uncertain Implications for IndustryApril 1st, 2015

      By Ricardo Carvajal & Diane B. McColl – FDA announced a “strategy to establish ingredient definitions and standards for animal food,” pursuant to a statutory directive in the Food and Drug Administration Amendments Act of 2007 (FDAAA).  As indicated in one of our prior postings, this …

    • 9th Circuit Reverses Dismissal of False Advertising Lawsuit Targeting BenecolMarch 24th, 2015

      By Riëtte van Laack & Ricardo Carvajal -  The 9th Circuit Court of Appeals reversed a district court’s dismissal of a lawsuit targeting certain allegedly false and misleading nutrient and health-related claims for Benecol, a vegetable oil-based spread.  As noted in our prior posting on this case, the district …

    • How Many Foreign Inspections Would Be Enough?March 6th, 2015

      By Ricardo Carvajal -  That’s the question raised by a recently issued Government Accountability Office (GAO) report that takes FDA to task not just for lagging behind the foreign inspection targets established by FSMA, but also for not conducting “an analysis to determine whether the number of …

    • FDA’s Global Food Safety Ambition: Might the Eye be Bigger Than the Stomach?February 24th, 2015

      By Ricardo Carvajal – The question (in the title of this post) occurred to us in preparing for FDLI Food Week 2015, taking place as this is written.  When FDA issued its Pathway to Global Product Safety and Quality in 2011, the agency set forth this ambitious objective:  …

    • In FDA’s 2016 Foods Program Budget, a Heavy Dose of Fees for Food Safety (Again)February 11th, 2015

      By Ricardo Carvajal – Given the effort that FDA has put into FSMA implementation thus far, it comes as no surprise that the agency’s budget for 2016 places a heavy emphasis on the resources that the agency believes are needed to finish the job.  The focus on FSMA …

    • AMS Report to FDA: Stakeholders Want a Federal Standard of Identity for Honey but Do Not Agree on the Content of the StandardJanuary 19th, 2015

      By Riëtte van Laack – As we previously reported, the Farm Bill of 2014 tasked the Agricultural Marketing Service (AMS) with the preparation of a report regarding the need for a federal standard of identity for honey. Without much fanfare, AMS recently published its report to …

    • Court Rejects Bid to Force Issuance of Federal Labeling Regulations on Egg Production MethodsJanuary 9th, 2015

      By Ricardo Carvajal – A California federal district court granted summary judgment in favor of the government in a lawsuit brought by animal rights organizations that focused on treatment of egg-laying hens.  Plaintiffs initially filed petitions with several federal agencies asking them to issue regulations that …

    • Colorado Physicians Question Safety of Edible Marijuana ProductsDecember 23rd, 2014

      By Ricardo Carvajal – In an opinion piece recently published in the Journal of the American Medical Association, a trio of Colorado physicians examine the implications of legalization of marijuana in their home state.  The authors summarize “expected” effects, including increased use of health care services in …