Daniel Herling on Food and Drug Administration (FDA)

The AI Search Engine Doctor Is Always In: What Are the Regulatory and Legal Implications?

The information age in which we live is reaching a new milestone with the development and ready access to conversational artificial intelligence based on advanced transformer algorithms, or AI chatbots, including their...more

3/14/2023 / 21st Century Cures Act , Algorithms , Artificial Intelligence , Food and Drug Administration (FDA) , Medical Devices , Search Engines , Social Media

FDA Places Two Food Orders on Restaurants’ Tables

The food industry has been upended by the recent COVID-19 pandemic – restaurants and bars are scrambling to adjust to a new way of life after governors across America issued statewide “stay at home” orders in response to the...more

4/9/2020 / Consumer Protection Laws , Coronavirus/COVID-19 , Food and Drug Administration (FDA) , Food Labeling , Food Safety , Hospitality Industry , Nutrition Facts Labels , Public Health Emergency , Restaurant Industry , Shelter-In-Place

FTC Identifies Concerns With Plaintiff’s Lawyers Advertisements Concerning Risks Associated With Pharmaceutical Drugs

I suspect that we’ve all had this experience. You’ve finished a long day of work, had dinner, and have cozied up on the couch with a glass of wine to watch a re-run of your favorite TV show. The show goes to commercial and...more

9/27/2019 / Advertising , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Goods or Services , Pharmaceutical Industry , Prescription Drugs , Unfair or Deceptive Trade Practices

CA Prop 65 Coffee Issues Still Brewing

As has been widely reported, in May 2018, a Los Angeles Superior Court judge ruled that Prop 65 warning labels are required to be placed on “ready-to-drink” coffee products. Acrylamide, a Prop 65 listed chemical that...more

9/5/2018 / Amended Regulation , Beverage Manufacturers , Food and Drug Administration (FDA) , OEHHA , Product Labels , Proposition 65 , Toxic Exposure , Warning Labels

California AG Leads Attack on Lead in Infant Formula

Fresh off a victory in the CA primary, California Attorney General Xavier Bacerra filed suit on June 7, 2018 against Nutraceutical Corporation of Park City, Utah and Graceleigh, Inc. dba Sammy’s Milk of Newport Beach, CA,...more

6/11/2018 / Baby Products , Civil Monetary Penalty , Consumer Protection Laws , Food and Drug Administration (FDA) , Food Contamination , Lead , Proposition 65 , Safe Harbors , Warning Labels

Battle of the Experts Still Brewin’ in Starbucks Trial

In April 2010, the Council for Education and Research on Toxics (CERT) sued Starbucks Corp. and other coffee sellers alleging they violated California’s Safe Drinking Water and Toxic Enforcement Act, passed by California...more

10/23/2014 / Affirmative Defenses , Expert Testimony , Food and Drug Administration (FDA) , Proposition 65 , Starbucks

Will Feds Step Onto the GMO Playing Field?

In January and April, this space took a look at the growing patchwork of state proposals for regulating the labeling of foods with genetically modified ingredients (GMOs). As posited here in April, the recent surge in such...more

5/12/2014 / Food and Drug Administration (FDA) , Food Labeling , Food Safety , GMO

FDA Releases Final eMDR Rule and Deadline for Compliance

The Food and Drug Administration (FDA) announced and is promulgating today the Final Rule on Electronic Medical Device Reporting (eMDR). Originally proposed in 2009, the rule is now final and a deadline for compliance has...more

2/14/2014 / Compliance , Food and Drug Administration (FDA) , Medical Devices

As Maine Goes, So Goes The Nation?

On January 9, 2014, Maine’s governor Paul LePage signed a bill into law that would require labeling for foods made with genetically modified organisms (GMO). Eighteen months from the effective date of the bill, any...more

1/13/2014 / Food and Drug Administration (FDA) , Food Labeling , GMO

California, the FTC, & Made in the USA Claims

Demi Lovato’s hit song “Made in the USA” recounts how her love for her boyfriend is both amazing and patriotic. If they had fallen in love in Paris or Acapulco, however, she may be facing an enforcement action by the FTC or...more

9/26/2013 / Enforcement Actions , False Advertising , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Misbranding

Food “front-of-package labeling” bill announced

Proposed legislation has been introduced by 3 members of the House, including Rep. Frank Pallone (D-NJ), senior Democrat on the House Energy & Commerce Health Subcommittee, which would direct the Secretary of Health & Human...more

9/23/2013 / Department of Health and Human Services (HHS) , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Food Labeling , Proposed Legislation

Daniel Herling

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