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8th Circuit Court of Appeals rules false advertising allegations regarding organic claims are not preempted by Organic Foods Production Act of 1990

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • September 22 2010

The U.S. 8th Circuit Court of Appeals recently ruled that certain false advertising claims based on state consumer protection and anti-deception statutes were not preempted by the Organic Foods Production Act of 1990 (OFPA) a federal Act that establishes national standards for the sale and labeling of organically produced agricultural products, and creates a certification program through which agricultural products may be certified to produce organic products

Highlights of FDA’s implementation of the Food Safety Modernization Act in 2013

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • December 6 2013

On January 4, 2011, President Obama signed into law the Food Safety Modernization Act (FSMA), which has been touted as the most sweeping legislation

GAO concludes FDA should strengthen its oversight of GRAS ingredients

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • March 12 2010

On March 5, 2010, the General Accountability Office (GAO) issued a report evaluating the Food and Drug Administration's (FDA's) policies concerning food ingredients that have been determined to be "Generally Recognized As Safe" (GRAS

FDA proposes new user fees to finance food & cosmetic safety

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • April 12 2013

On April 10, 2013, the U.S. Food and Drug Administration ("FDA") announced a proposal that could increase the cost of doing business for the food and

USDA's FSIS proposes regulations to launch new catfish safety and inspection program

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • March 8 2011

Last month, the USDA Food Safety and Inspection Service (FSIS) issued a proposed rule that is intended to ensure that commercial catfish products are properly marked, labeled, and packaged, and are not adulterated

Sysco agrees to pay $19.4M to settle California enforcement challenging the company’s food safety practices and related public statements

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • July 23 2014

The world's largest food distributor, Sysco Corp., has entered into a settlement with the California Department of Public Health to resolve

Far-reaching PCA criminal indictments: a harbinger for things to come under FSMA?

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • February 28 2013

Last week, the Department of Justice brought a sweeping indictment against several former Peanut Corporation of America executives alleging egregious

FDA seeks public comment on nutritional disclosures in retail food outlets

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • July 13 2010

Last week, the Food and Drug Administration (FDA) took the first steps needed to implement the new restaurant food labeling requirements of the Federal Food, Drug & Cosmetic Act (FDCA), requesting public comment on a number of regulatory issues that will affect compliance burdens and liability risks for companies subject to the new requirements

FDA's new Guidance for Industry on Submitting a Report for Multiple Facilities to the Reportable Food Electronic Portal as Established by the Food and Drug Administration Amendments Act of 2007

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • March 26 2010

On March 25, 2010, FDA announced its new guidance for industry entitled, "Guidance for Industry on Submitting a Report for Multiple Facilities to the Reportable Food Electronic Portal as Established by the Food and Drug Administration Amendments Act of 2007

Food retailers face new calorie disclosure requirements

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • April 1 2010

Despite all the publicity over the recently-passed health care legislation, one provision that was "tacked on" received little note but will clearly affect the vast majority of franchise restaurants and many other food retailers across the country