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COVID-19 Preparedness Considerations for the Food Industry

As you likely know, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) are closely monitoring the spread of the novel coronavirus (COVID-19), a respiratory disease that has...more

AMS Releases Draft Instructions on Testing Methods for the National Bioengineered Food Disclosure Standard

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has released Draft Instructions on Testing Methods (Draft Instructions) for use in compliance with the National Bioengineered Food Disclosure...more

AMS Releases Draft Instructions on Validating a Refining Process for National Bioengineered Food Disclosure Standard

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) is seeking public comment on draft instructions to validate a refining process under the National Bioengineered Food Disclosure Standard...more

FDA Announces Form of Enforcement Discretion for First Six Months After New Nutrition Labeling Rule Compliance Date

Today, the U.S. Food and Drug Administration (FDA) updated its “Industry Resources on the Changes to the Nutrition Facts Label” webpage questions and answers, stating that the agency does not intend to take enforcement...more

National Advertising Division Issues Decision on “0 g Added Sugars” Claim for Oatmilk

Oatly, Inc. has chosen to discontinue its “no added sugars” advertising claims after the Campbell Soup Company brought a challenge before the National Advertising Division (NAD). Campbell argued that various claims found on...more

FDA Issues Final Guidance on Added Sugars Labeling for Honey, Maple Syrup, Other Single-Ingredient Sugars and Syrups, and Certain...

On June 18, the Food and Drug Administration (FDA) issued its final guidance document on added sugars labeling for (1) honey, maple syrup, and other single-ingredient sugars and syrups; and (2) certain cranberry products. In...more

The Use of an Alternate Name for Potassium Chloride in Food Labeling: Guidance for Industry

Last week the Food and Drug Administration (FDA) issued draft guidance announcing that the agency intends to exercise enforcement discretion to allow the use of “potassium chloride salt” as an alternative common or usual name...more

Consumer Horizons: CBD in foods, dietary supplements, and cosmetics: Navigating the global Wild West

Increasing consumer interest in cannabis-derived ingredients has led to an explosion of the use of the non-intoxicating cannabinoid, cannabidiol (CBD) in a wide variety of products, including drugs, foods, dietary...more

FDA Releases Draft Guidance regarding the Low Calorie Sweetener – Allulose

Last week, the FDA released a draft guidance regarding the low calorie sweetener, allulose, and stated the agency will not treat this ingredient as contributing to total or added sugars content in the nutrition information....more

National Academies Release Dietary Reference Intakes for Sodium and Potassium

The National Academies of Sciences, Engineering and Medicine (NASEM) recently released updated Dietary Reference Intakes (DRIs) for sodium and potassium. For the adequate intake of sodium, the report reaffirms the existing...more

USDA’s AMS Issues Final Rule on National Bioengineered Food Disclosure Standard

Yesterday the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) released its final rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) passed by Congress in July 2016. In...more

OEHHA Proposes Significant Amendment on Determining the Daily Intake of Listed Chemicals as Causing Reproductive Toxicity

Last week, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65, proposed an amendment to the existing regulation requiring: (1) the average...more

California Appeals Court Reverses Decision Requiring Proposition 65 Warnings on Cereals for Acrylamide

A California appeals court has reversed a trial court decision that would require businesses to post Proposition 65 cancer warnings on certain breakfast cereals for acrylamide. The court ruled that a Proposition 65 warning...more

FDA Issues Guidance Recognizing Eight Ingredients as Meeting the Dietary Fiber Definition

The Food and Drug Administration (FDA) has issued a guidance document that identifies eight ingredients that the agency has determined meet the regulatory definition of “dietary fiber.” Specifically, FDA has recognized the...more

Developments Related to the Compliance Date for FDA’s Final Determination on the GRAS Status of Partially Hydrogenated Oils

As the June 18, 2018 compliance date for the Food and Drug Administration’s (FDA’s) final determination that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) approaches, the food industry...more

USDA’s AMS Issues Proposed Rule on National Bioengineered Food Disclosure Standard

On May 3, the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) issued its proposed rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) passed by Congress in July 2016....more

California Judge Rules Against the Coffee Industry in Notable Acrylamide Proposition 65 Case

Food companies and retailers doing business in California should take note of the recent proposed statement of decision in the case challenging the coffee industry’s failure to warn of the presence of acrylamide in coffee...more

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