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HHS, FDA Issue RFI on Deregulatory Plan to Lower Costs and Empower Providers

Earlier this week, the Department of Health and Human Services (HHS) published a broad request for information (RFI) seeking input on how to “dramatically deregulate across all areas the Department touches.”1 It specifically...more

Food Law Preview - Key issues affecting the food industry in 2024

2024 is poised to be a big year for food regulation, particularly as federal agencies work to implement their regulatory agendas in preparation for a possible change in administration after the 2024 election. Here are the key...more

FDA seeks comment on food labeling information in e-commerce

The U.S. Food and Drug Administration (FDA) is requesting comment on the availability of nutrition, ingredient, and allergen information online for packaged foods sold through online grocery shopping platforms.  FDA explains...more

A Seat at the Table | Hogan Lovells Monthly Food Digest - March 2023

Welcome to A Seat at the Table, Hogan Lovells Monthly Food Digest, where we share our thoughts and insights about some of the past month’s more notable developments when it comes to food regulation....more

FSIS Proposes Changes to “Product of the USA” Claims for Meat and Poultry Products

The U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced a proposed rule that would change the criteria for making voluntary “Product of USA” or “Made in USA” claims for meat, poultry, and...more

U.S. Food Law Preview - Key issues affecting the food industry in 2023

We’re a few weeks into 2023, and while some new year’s resolutions may have already fallen to the wayside, there are plenty of food law issues that will take us through 2023 and beyond. Here are key issues the Hogan Lovells...more

USDA issues final rule strengthening oversight and enforcement of its organic regulations

The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has amended its organic regulations to strengthen oversight and enforcement of the National Organic Program (NOP). The final rule, which requires...more

FSIS issues final rule expanding generic label approval

The U.S. Food Safety and Inspection Service (FSIS) recently issued a final rule expanding the circumstances under which it will generically approve the labels of meat, poultry, and egg products. As a result of the expansion,...more

FTC seeks public comment on possible updates to Green Guides

The Federal Trade Commission (FTC or the “Commission”) recently announced it will accept public comment on proposed updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides”). In particular, the FTC...more

FDA completes first pre-market consultation for human food made with animal cell culture technology

The U.S. Food and Drug Administration (FDA) recently completed its first pre-market consultation for a human food made from cultured animal cells and issued a letter stating it had no further questions regarding the...more

FSIS issues final rule establishing 30-day timeline for appealing inspection activities

On October 19, 2022, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) published a final rule establishing a uniform 30-day timeline for appealing inspectional activities, including noncompliance...more

USDA releases proposed regulatory framework to reduce Salmonella in poultry

On Friday, October 14, 2022, the US Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) released a proposed regulatory framework for controlling Salmonella contamination in poultry products. The...more

AMS releases inclusive competition proposed rule under the Packers and Stockyards Act

The United States Department of Agriculture has issued a proposed rule expanding protections for livestock and poultry farmers under the Packers and Stockyards Act. The proposal would affect contracts between poultry...more

Massachusetts Agrees to Stay Question 3 Pork Enforcement Pending Supreme Court Proposition 12 Decision

The United States District Court for the District of Massachusetts has entered a stay in a lawsuit challenging Massachusetts’s Question 3 as it applies to whole pork meat, in light of a pending a Supreme Court case regarding...more

OMB releases Spring 2022 Unified Agenda of Regulatory Actions

The Office of Management and Budget (OMB) recently released the Spring 2022 Unified Agenda of Regulatory Actions, which outlines the rulemaking actions currently under development in each federal agency. This memorandum...more

USDA releases proposed rule on tournament system

On May 26, 2022, the United States Department of Agriculture (USDA) announced a long-anticipated proposed rule on performance-based poultry grower compensation, commonly called the “tournament system.” The proposal would...more

U.S. District Court Grants Summary Judgement Against Louisiana Alternative Protein Labeling Law

The U.S. District Court for the Middle District of Louisiana recently issued an opinion and order granting Turtle Island Foods’ Motion for Summary Judgment in a First Amendment challenge the food manufacturer brought against...more

FSIS issues proposed rule designating avian leukosis as a trimmable condition

In response to an industry petition, the U.S. Department of Agriculture Food Safety and Inspection Service (FSIS) is proposing to amend the poultry products inspection regulations to designate avian leukosis as a trimmable...more

FSIS rescinds mask requirement for inspected establishments

FSIS will no longer suspend inspection if establishment employees aren’t wearing masks.    On Tuesday, the United States Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) issued FSIS Notice 09-22,...more

USDA and DOJ Issue Shared Principles Focusing on Antitrust Enforcement in Agriculture

USDA and DOJ have announced shared principles to drive antitrust enforcement in the meat and poultry supply chains. On January 3, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack and Attorney General Merrick...more

COVID-19 update: President Biden issues Executive Order on COVID-19 worker safety

On 21 January President Biden issued an Executive Order calling for increased federal emphasis on worker safety during the COVID-19 pandemic. In his Executive Order on Protecting Worker Health and Safety, President Biden...more

FSIS partially grants CSPI petition on nitrate/nitrite claims

The Food Safety and Inspection Service (FSIS) has partially granted a Center for Science in the Public Interest (CSPI) petition regarding nitrate/nitrite claims on meat and poultry products produced using substances that...more

FSIS begins implementing new adulterated products tracking system

The United States Department of Agriculture's Food Safety and Inspection Service (FSIS) has issued an instruction to field personnel, FSIS Notice 49-20, to begin implementing the agency’s new Adulterated Product Monitoring...more

FSIS issues Proposed Rule to expand generic labeling approval

The United States Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS or the agency) has issued a Proposed Rule to expand the circumstances in which FSIS will generically approve the labels of meat,...more

COVID-19 Update: FDA and USDA Issue Memorandum of Understanding Regarding the Potential Use of the Defense Production Act with...

The Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA) recently issued a Memorandum of Understanding (MOU) regarding the potential use of the Defense Production Act (DPA) with regard to...more

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