AG/FDA Blog

Food Labeling Modernization Act of 2018 Likely Reveals Consumer Groups’ Priorities for FDA Nutrition Innovation Strategy – May Spur More Class Action Lawsuits

The Food Labeling Modernization Act of 2018 (H.R. 5425) was introduced on April 4, 2018, by Rep. Frank Pallone, Jr. (D-NJ), the ranking member of the House Energy and Commerce Committee.  A joint press statement announcing the bill was released by R… Read More
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Dietary Fiber Permissible in Nutrition/Supplement Facts

Dietary fiber is a macronutrient that permissibly may be declared in the Nutrition Facts on a conventional food’s label, and in the Supplement Facts on a dietary supplement’s label.  21 C.F.R. §§ 101.9(c)(6)(i), 101.36(b)(2)(i). To clarify wha… Read More
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RACC and Serving Size Guidance

CFSAN/FDA has made available a guidance document and a small entity compliance guide to assist industry in complying with its revised nutrition labeling requirements for conventional foods and dietary supplements: Guidance for Industry: Reference Am… Read More
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Analysis of FDA’s Nutrition Policy Priorities for 2018

The FDA recently released a “2018 Strategic Policy Roadmap” outlining (among other things) its nutrition-related policy priorities for the coming year.  In the Roadmap, FDA lists nutrition as one of its four top issues for this year. The Agency… Read More
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Upcoming Webinar: Avoiding the Food Labeling Class Action Trap

The food and beverage industry is facing an unprecedented number of threats from class action cases alleging misleading labeling and advertising. Approximately two new lawsuits against manufacturers, distributors and retailers were filed each week in… Read More
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United Fresh and OFW Law Launch Legal Labeling Review Service

OFW Law has joined with the United Fresh Produce Association (UFPA) to provide members access to a legal review of product labels.  UFPA brings together companies across every segment of the fresh produce supply chain, including growers, shippers, f… Read More
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Open Date Labeling Revisions for Food Appear To Be on the Horizon

Over 30 years ago, the National Conference on Weights and Measures (NCWM) collaborated with the Association of Food and Drug Officials to establish an initial open dating regulation.  This regulation — now the Uniform Open Dating Regulation (U… Read More
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FDA implements 21st Century Cures Act Requirements for Reusable Devices

Last week, the Food and Drug Administration (“FDA”) published a notice in the Federal Register implementing additional requirements for medical devices under the 21st Century Cures Act (“Cures Act”).   Section 3059 of the Cures Act requires… Read More
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Delay of FDA Menu Labeling Regulation Provides Blueprint for Modification of Nutrition Labeling Rules

The restaurant industry was bracing for FDA’s menu labeling regulation, requiring mandatory calorie disclosure on menus at chains that have 20 or more locations.  The final compliance date was coming up next week on May 5, 2017.  However, in a la… Read More
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Egg Carton Labeling Petitions Fail to Hatch

Egg cartons in the United States are not required by federal regulations to bear labels which identify the living conditions of the hens.  Two animal rights non-profit organizations and six individuals sought to change that by filing petitions with… Read More
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