Category Archives: Legislation

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California Bill to Allow Hemp-Derived CBD in Foods, Beverages, and Cosmetics

Assembly Bill 228 is a promising piece of legislation that could soon bring an end to California’s prohibition on adding hemp-derived CBD to foods, beverages, and cosmetics.  The bill, in its current form, would add two provisions to the California Health and Safety Code clarifying that food, beverages, and cosmetics are “not adulterated by the … Continue Reading

AG Sessions Ends Obama-Era Policies Governing Federal Marijuana Enforcement; Sudden Wave of Enforcement Unlikely

Timed almost to the day that California legalized recreational marijuana, Attorney General Jeff Sessions announced on Thursday, January 4, that the Department of Justice has rescinded the Obama-era guidance (the Cole Memo) issued to federal prosecutors relative to marijuana enforcement. The announcement characterizes the move as an effort to restore prosecutorial discretion, noting that the … Continue Reading

State AGs and the New Administration

As we discussed in recent interviews with Nutritional Outlook and Natural Products Insider, FTC enforcement against supplement companies is likely to evolve into something  much more reasonable under the new administration.  State attorney general activity, however, is likely to become more aggressive – or at least more widespread.  State regulators may perceive a need to … Continue Reading

Dietary Supplement Advertising

Did you know Kelley Drye’s Advertising Law practice produces a newsletter, Dietary Supplement Advertising, to help marketers of dietary supplements stay out in front of regulatory challenges. Click here to access our Publication Sign Up and select Dietary Supplements to subscribe. Find contents from the latest issue below: Click here to view with images. STATE REGULATION State AGs and the New Administration … Continue Reading

Philadelphia Targets Sweetened Beverages for New Revenue; Imposes First Big-City Soda Tax

On Thursday Philadelphia became the first major U.S. city to approve a tax on sodas and other sweetened beverages.  In enacting Bill Number 16017601, the Council added a new Chapter 19-4100 to the city code, which imposes a $0.015 per fluid ounce tax on beverages and beverage concentrates sweetened with sugar-based sweeteners or artificial sugar … Continue Reading

Not So Happy Meals? New York City Council Moves to Ban Free Toys Offered with Certain Food and Beverage Products

The New York City Council introduced a bill last week that would prohibit restaurants from offering free toys or other giveaways aimed at children in connection with certain meals and food and beverage products. The legislation would only permit restaurants to offer “incentive items” if the meal, food or beverage which with the item is … Continue Reading

Highlights of FDA’s Implementation of the Food Safety Modernization Act in 2013

President Obama signed into law the Food Safety Modernization Act (FSMA) nearly three years ago. After significant delays, the FDA has made significant progress this year towards implementing this act and published five key proposed FSMA implementing regulations. These proposed regulations and related FDA enforcement policies will have far-reaching implications for how food for both … Continue Reading

FDA Announces Final Rule Banning BPA from Infant Formula Packaging

The Food and Drug Administration (“FDA”) announced last week the publication of a final rule banning bisphenol-A (“BPA”) from use in infant formula packaging – a decision made based on proof of industry abandonment rather than safety concerns. In July 2012, then-U.S. Representative Edward J. Markey filed a food additive petition seeking to amend the … Continue Reading

Bill to Expand Reporting of Antimicrobial use in Food Animals Introduced

On February 26, 2013, Energy and Commerce Committee Ranking Member Henry A. Waxman and Rules Committee Ranking Member Louise M. Slaughter introduced H.R. 820, the Delivering Antimicrobial Transparency in Animals (DATA) Act. The DATA Act would amend the federal Food Drug and Cosmetic Act to require sponsors of antimicrobial drugs to submit annual reports for … Continue Reading

FDA Publishes Proposed Rules on Preventive Controls and Produce Safety Under the Food Safety Modernization Act

Sarah Roller, Kristi Wolff, and Donnelly McDowell co-authored this blog post. The Food and Drug Administration (FDA) published yesterday two long-awaited and lengthy proposed rules related to food safety standards–“Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food” and “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human … Continue Reading

Cincinnati City Council Passes Resolution Expressing Support for Mandatory “Genetically Engineered” Labeling

On November 15, 2012, the City Council of Cincinnati passed a resolution “expressing the support of Council for the mandatory labeling of genetically engineered products.” The Council was petitioned by the consumer advocacy group, Food & Water Watch, as part of its campaign to require “genetically engineered” labeling for foods developed with the use of … Continue Reading

California Voters Reject Proposition 37 and the “Genetically Engineered” Food Labeling it Aimed to Compel

Californians voted against Proposition 37 yesterday, the California ballot initiative that would have compelled labeling for foods developed with the use of recombinant DNA and related technologies, as well as prohibited “natural” claims for certain processed foods. With 98.5 percent of precincts reporting, Californians had voted against Proposition 37 by a margin of 53 to … Continue Reading

Congressional Committee Considers “Modernizing” FDA Authority over Cosmetics

On March 27, 2012, the House Energy and Commerce Committee held a hearing entitled “Examining the Current State of Cosmetics,” which considered existing FDA authority over cosmetics and calls to modernize that authority to address technological advances and globalization of the cosmetics industry. The hearing provided regulators and stakeholders an opportunity to voice their perspective … Continue Reading

Preparing for the New FSMA Food Defense Standards

Protecting the US food supply from intentional adulteration requires coordination at all levels of government and throughout the private sector. Companies engaged in the manufacture, importation, distribution or storage of food for the U.S. market will be interested in a new article published by the Food and Drug Law Institute that provides an introduction to … Continue Reading

California Voter Initiative: Labeling Genetically Engineered Foods

On November 9, 2011, the Committee for the Right to Know, a consumer advocacy group that focuses on consumer, public health, environmental, and food issues, submitted the California Right to Know Genetically Engineered Food Act to the California state attorney general for title and summary–a necessary step needed to place citizen-created initiatives on the California … Continue Reading

New Food Safety Law Sets the Stage for Industry Participation in Numerous Rulemakings

The Food Safety Modernization Act (FSMA), signed into law on January 4, 2011, requires the Food and Drug Administration (FDA) to undertake sweeping regulatory action to strengthen the safety of the nation’s food supply. Many of the items on FDA’s “to do” list require significant and swift action. Over the next two years, FDA must … Continue Reading

Illinois Enacts New Law Governing Employer’s Use of Credit History

This post was written by Alysa Hutnik.  On August 10, 2010, Illinois enacted H.B. 4658, the Employee Credit Privacy Act, which governs the use of credit information for employment purposes. The new law makes it an unlawful employment practice for an employer to: Fail to hire or recruit, discharge, or otherwise discriminate against an individual … Continue Reading

Board Passes Ordinance Prohibiting Incentive Items Sold with Unhealthy Restaurant Foods and Beverages

In a previous post we discussed the “preliminary vote” by the Santa Clara County, California, Board of Supervisors to institute a new ordinance which prohibits restaurants from “providing” toys, coupons, or other “incentive items linked to the purchase” of any product containing “excessive” calorie, fat, saturated fat, sodium, added sugars, or prohibited levels of trans … Continue Reading

Representative Boucher Introduces Privacy Legislation

This post was written by Dana B. Rosenfeld. On May 4, 2010, Rep. Rick Boucher (D-VA), the House Energy and Commerce Communications, Technology, and the Internet Subcommittee Chairman, and Rep. Cliff Stearns (R-FL), the Ranking Member of the Subcommittee, released a discussion draft of a privacy bill intended to address concerns about online behavioral advertising … Continue Reading