AG/FDA Blog

Good Grammar Matters Under the Law

I have been accused by my children of being a “Grammar Nazi.”  After years of haranguing, they know better than to end a sentence with a preposition in my presence (and, hopefully, when I am not around).  Another of my pet peeves is the common… Read More
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FDA’s Guidance on Added Sugars is as Thick as Molasses

FDA released a draft Guidance statement on how food companies should calculate the added sugar content in their products for the purposes of nutrition labeling.  Comments are due on March 6. Guidance documents are supposed to help simplify FDA regul… Read More
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SNAP Wars: Scott Walker, Tom Vilsack and Drug Testing of SNAP Beneficiaries

For more than 20 years, Federal law has expressly provided that states may test welfare recipients for use of controlled substances free from interference of federal agencies. 21 U.S.C. §862(b).  Relying upon this Congressional enactment, Wisconsin… Read More
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2016 – Gone But Not Forgotten

Happy 2017, everyone!  2016 has come and gone.  Looking at 2016 in my rear-view mirror, here are a few matters that caught my personal attention. As food and drug lawyers and corporate execs in regulated companies know (or definitely should know!),… Read More
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Recent OSHA Final Rule on Recordkeeping Flouts D.C. Circuit Decision

The Occupational Safety and Health Administration (OSHA) announced last week a new final rule that purportedly “clarifies an employer’s continuing obligation to make and maintain an accurate record of each recordable injury and illness.&#… Read More
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CPSC: Closing the Books on 2016

This is a time for reflection.  Looking back on the past year, it really was not a great one for the Consumer Product Safety Commission (CPSC).  And, sadly, many of the agency’s problems were of its own making. While many of the initiatives that… Read More
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FDA Expands Authorized Health Claims for Raw Fruits and Vegetables

The U.S. Food and Drug Administration (FDA) has promulgated an interim final rule, effective December 19, 2016, amending the regulation authorizing a health claim on the relationship between dietary saturated fat and cholesterol, and risk of coronary… Read More
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FDA Finalizes FSMA Third-Party Certification User Fee Program

Last week, FDA issued a final rule to establish a user fee program for a voluntary accreditation program under Section 808 of the Federal Food, Drug, and Cosmetic Act (added by Food Safety Modernization Act (FSMA)). In November 2015, the FDA promulga… Read More
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Court to CPSC: Your Magnet Rule’s a Turkey

Zen Magnets, the tiny Colorado company that has challenged the CPSC’s actions regulating small, powerful magnets, will be having a very good Thanksgiving this year.  That is because, once again, Zen has shown it is possible to fight the federal g… Read More
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A Course Correction at the CPSC?

Wow! Last Tuesday was quite something! Throughout Washington, folks are now trying to figure out what the new Administration will mean for our country.  But so far I have not seen anything written about what the CPSC will look like going into 2017,… Read More
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