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19 results found

Article

Shook Hardy & Bacon LLP | USA | 24 Jun 2016

Court Vacates Organic Fertilizer Rule for APA Violation

A California federal court has invalidated an amended section of the Organic Foods Production Act that allowed organic producers to use compost

Article

Shook Hardy & Bacon LLP | USA | 3 Jun 2016

CSPI Sues FDA for Inaction on Shellfish Regulation

The Center for Science in the Public Interest (CSPI) has filed a lawsuit seeking to compel the U.S. Food and Drug Administration (FDA) to act on the

Article

Shook Hardy & Bacon LLP | USA | 14 Mar 2014

CSPI sues FDA for delay in response to mercury-labeling petition

The Center for Science in the Public Interest (CSPI) and Mercury Policy Project have sued the U.S. Food and Drug Administration (FDA), seeking a

Article

Shook Hardy & Bacon LLP | USA | 26 Apr 2013

Court declares missed food-safety rule deadlines an FSMAAPA violation

A federal court in California has determined that the Food and Drug Administration (FDA) has violated the Food Safety Modernization Act (FSMA) and

Article

Shook Hardy & Bacon LLP | USA | 31 Aug 2012

How far can government go in forcing manufacturers to tell consumers “don’t buy this product”?

A divided D.C. Circuit Court of Appeals has determined that the graphic antismoking images which the Food and Drug Administration (FDA) selected for placement on cigarette packages for the purpose of reducing smoking rates in the United States fail the intermediate scrutiny standard for compelled commercial speech.

Article

Shook Hardy & Bacon LLP | USA | 8 Jun 2012

Court orders FDA to complete safety review of antibiotics used in animal husbandry

A federal court in New York has determined that the Food and Drug Administration arbitrarily denied petitions filed by advocacy organizations in 1999 and 2005 requesting the initiation of proceedings to withdraw approval from certain uses of antibiotic drugs in livestock.

Article

Shook Hardy & Bacon LLP | USA | 1 Mar 2012

Court determines patent law limitations, not APA, apply to Section 154 extension matters

A federal court in Virginia has ruled that a patentee seeking review of a U.S. Patent and Trademark Office (USPTO) determination adjusting a patent term under 35 U.S.C. 154(b), a provision allowing for the extension of a patent term to account for the delay between the date the patent application is filed and when the patent is ultimately issued, must comply with the time limitations prescribed by patent law and not those set forth in the Administrative Procedure Act (APA).

Article

Shook Hardy & Bacon LLP | USA | 26 Aug 2011

Court allows intervention in industry suit against NMFS challenging pesticide opinion

A federal court in Maryland has permitted groups representing environmental and fishing interests to intervene in litigation filed by Dow AgroSciences LLC and two other pesticide manufacturers against the U.S. National Marine Fisheries Service, seeking to overturn the agency’s opinion that three insecticides threaten the Pacific salmon.

Article

Shook Hardy & Bacon LLP | USA | 26 Aug 2011

NRDC seeks FDA action on its BPA petition

The Natural Resources Defense Council, Inc. (NRDC), a non-profit advocacy organization, has filed a complaint for declaratory and injunctive relief against the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA), seeking an order compelling FDA to issue a final response to NRDC’s October 2008 petition calling on the agency to prohibit the use of bisphenol A (BPA) in food packaging and other food-contact materials.

Article

Shook Hardy & Bacon LLP | USA | 18 Aug 2011

Environmental interests seek to halt GE crop cultivation in wildlife refuges

Three environmental advocacy organizations have sued the U.S. Fish and Wildlife Service (FWS), contending that the agency has permitted farmers to cultivate genetically engineered (GE) crops on national wildlife refuge land in violation of the National Environmental Policy Act, National Wildlife Refuge System Administration Act and Administrative Procedure Act.

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