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FDA releases draft guidance on food allergen programs under the Preventive Controls rule

The U.S. Food and Drug Administration (FDA) recently issued a new food allergen-focused chapter of its Hazard Analysis and Risk-Based Preventive Controls for Human Food draft guidance. The new chapter addresses allergen...more

FDA releases Draft Compliance Policy Guide for Major Food Allergen Labeling and Cross-contact

On May 16, 2023, the U.S. Food and Drug Administration (FDA) released a draft Compliance Policy Guide (CPG) for FDA staff regarding major food allergen labeling and cross-contact. The draft CPG would replace the existing...more

FDA issues draft guidance on labeling of plant-based milk alternatives

On February 22, 2023, the U.S. Food and Drug Administration (FDA) issued a draft guidance document recommending that plant-based alternative milks that use “milk” in the name (e.g., “soy milk”, “almond milk,” “oat milk”), and...more

FDA to test front of pack nutrition labeling schemes through consumer research

The U.S. Food and Drug Administration (FDA) continues to explore the development of a standardized front of package (FOP) nutrition labeling scheme by conducting consumer research....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

FDA issues final and draft guidance on allergen labeling requirements

On November 29, the U.S. Food and Drug Administration (FDA) issued two guidance documents about food allergen labeling requirements. First, FDA issued a draft guidance titled Questions and Answers Regarding Food Allergens,...more

FDA’s FY 2023 Budget Includes Several Proposals Significant to Food and Supplement Manufacturers

The U.S. Food and Drug Administration (FDA) recently released its Congressional Justification for the fiscal year (FY) 2023 budget. The agency is requesting $1.2 billion for its Foods Program to be allocated to initiatives...more

USDA issues final rule on sodium, whole grains, and fluid milk in school meals

USDA recently issued a final rule establishing transitional nutrition standards for sodium, whole grains, and fluid milk in school meals. The new standards will take effect for the 2022-2023 and 2023-2024 school year. USDA...more

FDA announces additional flexibility for new nutrition labeling requirements

The U.S. Food and Drug Administration (FDA) announced in a recent Constituent Update that it is providing additional flexibility to food manufacturers with less than $10 million in annual food sales in complying with FDA’s...more

National Advertising Division Issues Decision on “100% Natural,” Satiety, and Curbing Cravings Claims

A recent action by the National Advertising Division (NAD), a self regulatory arm of the Better Business Bureau, addresses the level of proof necessary to support “natural” and “satiety” claims involving competing experts and...more

COVID-19 Update: FDA Issues Guidance on Temporary Flexibility Policy Regarding Certain Labeling Requirements for Foods for Humans...

On May 22, 2020, the U.S. Food and Drug Administration (FDA) announced two policies to provide temporary flexibility with respect to packaged foods formulation and labeling requirements during the COVID-19 pandemic. The...more

COVID-19 Update: AMS Announces COOL Labeling Flexibilities to Facilitate Redirection of Foodservice Product to Retail

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) announced it will temporarily exercise enforcement discretion for country of origin labeling (COOL) or method of production requirements to...more

FDA Issues Temporary Policy Regarding Labeling of Shell Eggs Sold by Retail Establishments

The FDA issued a new guidance document that provides retailers with some flexibility from labeling requirements for shell eggs in order to facilitate the distribution of eggs during the COVID-19 pandemic. This guidance...more

FDA Announces Temporary Flexibility Regarding Nutrition Labeling Due to COVID-19 Pandemic

The U.S. Food and Drug Administration (FDA) announced yesterday two policies to provide flexibility with respect to nutrition labeling requirements during the COVID-19 pandemic. First, the agency committed to work...more

FDA Announces Public Meeting on Modernizing Food Standards of Identity

The U.S. Food and Drug Administration (FDA) recently announced it will be holding a full-day public meeting on September 27, 2019, to address “Horizontal Approaches to Food Standards of Identity Modernization.” As explained...more

FDA Finalizes Extension of Compliance Date for Nutrition Labeling Final Rules

The Food and Drug Administration (FDA) has issued a final rule extending the compliance date for the final rules revising the requirements for the nutrition and supplement facts labels and the declared serving sizes and...more

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