AG/FDA Blog

Supreme Court Holds FD&C Act Does Not Bar Competitor Food Label Challenges under the Lanham Act

By Michael J. O’Flaherty and Stewart D. Fried In a recent opinion delivered by Justice Kennedy (with Justice Breyer recused), the U.S. Supreme Court unanimously held that competitors may bring Lanham Act claims challenging food labels, even… Read More
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The Next Dietary Guidelines Debate

By Marshall L. Matz and Nathaniel B. Fretz, as published by Agri-Pulse There is a new question surrounding the Dietary Guidelines for Americans now being drafted for release in 2015. The question is whether the Dietary Guidelines Advisory Committe… Read More
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Political Science or Sound Science – Is the White House Dictating Nutrition Labeling Reform?

The White House’s role with USDA’s regulations for school foods and the WIC feeding program has been widely reported.  Lesser known is the White House involvement in FDA food labeling policy. To commemorate the anniversary of the Let’s Move! c… Read More
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Ms. Gloom Wants to Know: Does Your Product Hold Program Really “Hold” When Needed?

Anyone who has been involved in the quality assurance and food safety side of the food business for any length of time knows that one of the top items on the list of those that will keep you awake at night is whether or not your product “hold” or… Read More
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Reopening of Comment Period on Reportable Food Registry ANPR

The Food and Drug Administration (FDA) has reopened the comment period for an additional sixty (60) days on its advance notice of proposed rulemaking (ANPR), entitled “Implementation of the Food and Drug Administration Food Safety Modernization Act… Read More
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“Eat Your Fish,” Say FDA and EPA

The Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA) have released draft updated advice on seafood consumption, Fish: What Pregnant Women and Parents Should Know.  The two agencies also published a Federal Register no… Read More
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Crop Insurance Appropriations - A Clue for the next SRA?

The great battle for the 2014 Farm Bill is thankfully over, but that hasn’t stopped the U.S. Congress from continuing to tinker with Federal Crop Insurance. Most recently, in late May, the House and Senate Appropriations Committees each voted t… Read More
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Following the Money: House And Senate Appropriations Release Draft Bills & Reports Funding FDA For FY 2015

The House and Senate Appropriations Committees with oversight of FDA have been very busy. Both voted out draft bills for FY 2015 that include appropriations for FDA and released draft reports.  Roger Szemraj and the rest of our government relations… Read More
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Pontifications by Dr. Doom

As described by Dennis Johnson in his recent article from our Regulatory Round-Up Newsletter, the current human illness rate for E. coli O157:H7 has not gone down as documented by the Centers for Disease Control and is, in fact, trending upwards. … Read More
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FDA Issues Final Compliance Policy Guide on Food Facility Registration

The Food and Drug Administration (FDA) has issued a final Compliance Policy Guide (CPG) on food facility registration.  Compliance Policy Guide Sec. 100.250; Food Facility Registration – Human and Animal Food.  The CPG provides guidance to FDA st… Read More
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