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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


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


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


FDA targets antibacterial soaps in new proposed rule
  • Kelley Drye & Warren LLP
  • USA
  • December 17 2013

On Monday, FDA announced a new proposed rule that would amend the 1994 TFM for OTC antiseptic drug products. The change would require companies that


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


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


Court’s decision over “spreadable butter” claims upheld on appeal
  • Kelley Drye & Warren LLP
  • USA
  • November 22 2013

The 2nd District Court of Appeals agreed with the lower court's decision that no reasonable consumer would be misled into thinking that a product


FDA publishes proposed rules on preventive controls and produce safety under the Food Safety Modernization Act
  • Kelley Drye & Warren LLP
  • USA
  • January 17 2013

The Food and Drug Administration (FDA) published yesterday two long-awaited and lengthy proposed rules related to food safety standards-"Current Good


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


Settlement with Indoor Tanning Association regarding claims characterizing disease risks for tanning and vitamin D supplements
  • Kelley Drye & Warren LLP
  • USA
  • May 19 2010

On May 19, 2010, the Federal Trade Commission (FTC) approved a final settlement order with the Indoor Tanning Association charging that the association exaggerated the health benefits of indoor tanning and misrepresented that indoor tanning increases the risk of skin cancer