AG/FDA Blog

Caffeine in Dietary Supplements

The Office of Dietary Supplement Programs within CFSAN at FDA has prepared and published guidance for industry, warning that powdered and liquid dietary supplements containing pure or highly concentrated caffeine may be deemed to be adulterated under…

Oh, SNAP! Maryland Federal Court Judge Enters Summary Judgment Against Baltimore Food Stamp Retailer Without Permitting Any Discovery

In a highly unusual decision, a Federal District Court judge in Maryland granted summary judgment in a food stamp licensing appeal brought by a Baltimore convenience store without permitting the retailer to conduct any discovery whatsoever.  In Nega…

FDA Publishes 2017 Food Code

On February 12, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Public Health Service (PHS) released its most recent revision of the Food Code to reflect the current understanding of best practices in food safety. The Food Code is a mo…

Groundhog Day at the CPSC

In the 1993 classic movie, Groundhog Day, the protagonist is caught in a time loop and forced to repeat things over and over again.  This year, on February 2, the CPSC celebrated Groundhog Day by agreeing to settle a timeliness action brought agains…

Which Food Labeling Claims Put You Most at Risk of a Class Action Lawsuit?

Food labeling class actions — which food labeling claims put you most at risk of a lawsuit?  Popular claims regarding ingredient content or processing methods are often the most common targets for class actions.  Read the views of OFW Law, as…

FDA Updates Some Recall Practices

FDA has released a draft guidance, “Public Warning and Notification of Recalls Under 21 CFR Part 7, Subpart C: Guidance for Industry and FDA Staff” (1/17/2018).  It essentially discloses FDA’s intent to accelerate the release of recall informa…

FDA Denies Use of Claim for Vitamin D Reducing MS Risk

Last week, the FDA concluded that there is no credible evidence of a relationship between intake of vitamin D and a reduced risk of multiple sclerosis (MS). The petition, submitted on behalf of Bayer, requested use of the claim “Vitamin D may reduc…

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…

Starbucks Slack-Fill Class Action Holds No Water … or Milk Foam

Tall, Grande, and Venti are terms well-known to many American consumers looking for a latte or mocha at one of more than 13,000 Starbucks locations in the United States.  Most, if not all, of those consumers are aware that Starbucks baristas typical…

Top Priority for the 2018 Farm Bill: Protect Federal Crop Insurance

Of all the issues surrounding a new Farm Bill in 2018, perhaps none unifies American agricultural producers more than Federal Crop Insurance, provided by USDA’s Federal Crop Insurance Corporation (FCIC).  Be it North or South, big or small, row cr…

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