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Documents on Antitrust & Trade Regulation, Food & Beverage
 

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HTMLFDA Issues Draft Guidance for Regulation of LDTs
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
On September 30th, 2014 the U.S. Food and Drug Administration published the draft guidance entitled ”Framework for Regulatory Oversight of Laboratory Developed Tests (LDTs)” (“Guidance”). The publication of the draft Guidance is the next step in FDA’s implementation of...

 

HTMLFDA Announces More Changes to FSMA Implementation Rules
Michelle Gillette, Dominique Windberg; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
On September 19, 2014, FDA announced potential changes to four rules that the agency proposed in 2013 to implement the Food Safety and Modernization Act (“FSMA”). FSMA was signed into law in January 2011 in response to many reported incidents of food-borne illness during the 2000s.

 

HTMLFDA Outbreak Response Is Not a Constitutional Taking
Joseph F. Bermudez, Robert F. Roarke; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 8, 2014, previously published on October 1, 2014
Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by the U.S. Court of Federal Claims advises that compensation in such...

 

HTMLFDA Battles against Foodborne Illnesses
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
October 1, 2014, previously published on September 26, 2014
The U.S. Food and Drug Administration on Sept. 19, announced its updated proposed rules for improving food safety and preventing foodborne illnesses after receiving public comments.

 

HTMLFirst Case of Allergic Reaction to Pesticide Reported
Seth A. Katz; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 5, 2014
Scientists have determined people may suffer allergic reactions to antibiotics used as pesticides and sprayed on foods after a young girl ate a blueberry pie that had ingredients sprayed with pesticides. The young girl, who has several food and medicine allergies, suffered an anaphylactic reaction...

 

HTMLTrans Fats Remain Hidden in Many Packaged Foods
Seth A. Katz; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 4, 2014
The U.S. Centers for Disease Control and Prevention recently released a study finding about 9 percent of packaged foods sold in the U.S. contain trans fats, even though a product's label may claim otherwise.

 

HTMLFDA, Industry Group Announce Initiatives to Revamp Safety Assessments of Food Ingredients and Other Products
Jonathan Berman, Matthew R. Bowles, Colleen Heisey, Mark Mansour, Emily K. Strunk; Jones Day;
Legal Alert/Article
September 8, 2014, previously published on September 2013
Last month, FDA and the Grocery Manufacturers Association ("GMA") separately announced new initiatives aimed at improving industry and governmental safety assessments of food and other regulated products—all at a time when the food additive market is experiencing significant growth.

 

HTMLThe Food Fight Continues: Vermont AG Seeks to Dismiss Lawsuit Against GMO Labeling Law
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 18, 2014
In June, we reported on a suit brought by the Grocery Manufacturers Association (“GMA”) seeking to rescind Vermont’s new GMO-labeling statute, Act 120. As we explained in that post, the GMA argues that Act 120 is doubly unconstitutional: not only does the law violate the Commerce...

 

HTMLUSDA Enhances Traceback Procedures for Ground Beef
Jonathan Berman, Colleen Heisey, Mark Mansour, Emily K. Strunk; Jones Day;
Legal Alert/Article
August 27, 2014, previously published on August 2014
On August 13, 2014, USDA's Food Safety and Inspection Service ("FSIS") announced new procedures to improve the process for tracing E. coli-contaminated ground beef back to its source, recalling contaminated product, and determining the root cause of the contamination. USDA expects that...

 

HTMLUnderstanding FDA’s Post-FSMA Authority to Access Records
Carlota Hopinks-Baul; Husch Blackwell LLP;
Legal Alert/Article
August 18, 2014, previously published on August 6, 2014
As FDA exercises its inspection authority under section 201 of the Food Safety Modernization Act (“FSMA”), it’s important to understand what records inspectors can/can’t ask for and to respond to overreaching with tact.

 


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