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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

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

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

IOM issues Phase II report recommending energy star-type ratings for a food front-of-package nutrition rating system

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • October 24 2011

In 2009, Congress requested an Institute of Medicine study examining "front-of-package" ("FOP") nutrition labeling systems and symbols and the effect that FOP labeling could have on consumer food choices

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

FDA issues final rule regarding "Listing of Color Additives Exempt From Certification; Bismuth Citrate"

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • March 29 2010

On March 26, 2010, the Food & Drug Administration (FDA), issued a final rule titled, "Listing of Color Additives Exempt From Certification; Bismuth Citrate," amending the color additive regulations to increase the permitted use level of bismuth citrate as a color additive in cosmetics intended for coloring hair on the scalp

GAO investigation concerning herbal dietary supplements fuels legislative debate: does FDA need more authority to protect elderly consumers?

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • June 8 2010

On May 26, 2010, the Special Committee on Aging of the U.S. Senate (the Committee) held a hearing entitled, “Dietary Supplements: What Seniors Need to Know,” in response to a recent U.S. Government Accountability Office (GAO) investigation which found that sellers of certain retail dietary supplement products commonly used by the elderly relied on deceptive and unfounded disease-related claims to market their products, encouraging consumers to use such products to prevent or treat diabetes, cancer, heart disease, Alzheimer’s disease, and other serious conditions