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

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

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:

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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

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

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

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

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

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 Consumption.” FDA is required to promulgate rules related to preventive controls for human food and produce safety standards under the 2011 Food Safety Modernization Act (FSMA).

Summaries of the two proposed rules are provided below. This publication is the first of several industry-focused posts that Kelley Drye intends to issue in the coming days regarding the proposed FSMA rules. Both of the proposed rules include numerous exemptions, requests for comment, and details that will be of interest to food industry stakeholders.


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

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