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|Right To Be Smoke Free Coalition and E-Vapor Industry Trade Associations File Lawsuit Challenging FDA's Deeming Regulation and the Tobacco Control Act|
Azim Chowdhury, Eric P. Gotting; Keller and Heckman LLP;
June 30, 2016, previously published on June 21, 2016On behalf of the Right To Be Smoke Free Coalition and the entire e-vapor industry, yesterday Keller and Heckman LLP filed a Complaint in the U.S. District Court for the District of Columbia challenging portions of FDA's Deeming Regulation and the Tobacco Control Act on various constitutional and...
|Just as the Comment Period for “Natural” Ends, FDA Announces Intent to Re-Examine What It Means to Be a “Healthy” Food|
Joanne S. Hawana; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 12, 2016As any company making and selling food products knows, late last year FDA requested information and comments regarding the appropriate use of the term “natural” for food ¿ the Agency asked what types of processing make that claim misleading, or does the food have to be completely...
|USDA Increases Cane Sugar Imports to Meet Demand for Non-GE Products|
Dominique Lee Windberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 23, 2016On May 17, 2016, the U.S. Department of Agriculture (“USDA”) announced that it is allowing an additional 200,000 short tons of cane sugar imports to meet food manufacturers’ increasing demand for non-genetically modified sugar products. In its news release, the agency explained...
|California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products|
Samantha Duplantis; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 27, 2016Slack Fill Protein PowderAccording to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s purchasing decision is “heavily...
|FDA Finally Decides that “Evaporated Cane Juice” Is Misleading Consumers|
Richard Maidman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 17, 2016, previously published on June 2, 2016Evaporated cane juice, a term usually used to inform about sweeteners derived from the fluid extract of sugar cane, is present on the ingredient lists of many products we see on grocery store shelves. However, newly finalized FDA guidance on use of the term “evaporated cane juice”...
|LCBO Mark-Up Challenged in Court|
Brian Kells; Perley-Robertson Hill McDougall LLP/s.r.l.;
June 16, 2016, previously published on May 25, 2016In 2015, Toronto Distillery Co., a small craft distiller of spirits such as gin and whisky, launched a court challenge to Ontario’s regulatory regime for on-site sales of spirits by producers.
|6 Steps Restaurant Operators Need To Take To Prepare For the Proposed New Overtime Rules|
Scott N. Opincar; McDonald Hopkins LLC;
June 2, 2016, previously published on May 2, 2016The Department of Labor put into motion its change to the Fair Labor Standards Act Overtime Rule by submitting its final rule to the Office Management and Budget (OMB) division, which would significantly increase the income threshold for salaried employees eligible for overtime. The OMB has 30 to...
|Registration of Foreign Facilities Producing Food and Food Packaging Sold in Korea|
Yun Chen, David J. Ettinger, Wilfred Feng, Eric Gu, Mark Thompson; Keller and Heckman LLP;
May 30, 2016, previously published on April 27, 2016Only a few months remain before the August 3, 2016 deadline for Korean registration of foreign food and food packaging manufacturing facilities. Registration is required for all facilities producing food, food additives, food packaging as well as components thereof, including functional health...
|The Cole-Bishop Amendment to the Agricultural Appropriations Bill Amending the Grandfather Date for "Deemed" Tobacco Products Passes House Committee - What Next?|
Azim Chowdhury, Samantha L. Dietle; Keller and Heckman LLP;
May 26, 2016, previously published on April 29, 2016On April 19, 2016, the House Appropriations Committee voted to include a bipartisan amendment, sponsored by Rep. Tom Cole (R - OK) and Rep. Sanford Bishop (D - GA), to the 2017 fiscal year Agricultural Appropriations bill that would amend the February 15, 2007 "grandfather date" for...
|Amarin and FDA Agree to Landmark Settlement on Off-Label Promotion|
Michael A. Carvin, Toni-Ann Citera, Colleen Heisey, Karen P. Hewitt, Laura F. Laemmle-Weidenfeld; Jones Day;
April 6, 2016, previously published on March 2016On March 8, 2016, Amarin Pharma, Inc. reached a noteworthy settlement in its lawsuit against the U.S. Food and Drug Administration ("FDA") to protect its First Amendment right to promote the drug Vascepa for nonapproved, off-label uses. Amarin Pharma, Inc. v. FDA (S.D.N.Y. No. 15-cv-3588)...