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Litigation Minute: Tough to Swallow: Increased State Regulation of and Attention on Contaminants in Food

What You Need to Know in a Minute or Less - Until recently, state regulators largely deferred to the US Food and Drug Administration (FDA) to scrutinize and regulate contaminants in food, such as heavy metals. In the past...more

Updates on SB 54: CalRecycle to Take a Second Stab at Implementing Regulations

On 7 March 2025, Gov. Gavin Newsom sent the Department of Resources Recycling and Recovery (CalRecycle) back to the drawing board on proposed regulations to implement the state’s Plastic Pollution Prevention and Packaging...more

FDA Proposes Front-of-Package Labeling Requirements

On 14 January 2024, the US Food and Drug Administration (FDA) issued a proposed rule to be published on 16 January, which, if finalized, will require a front-of-package (FOP) nutrition label on most packaged foods. This FOP...more

FDA Revokes Authorization for the Use of Red Dye No. 3 in Food and Ingestible Drugs

On 15 January 2025, the US Food and Drug Administration (FDA) announced that it will revoke the color additive authorization for use of FD&C Red No. 3 in food (including dietary supplements) and ingestible drugs. This ban...more

Petition Calls for EPA to Monitor Microplastics in Drinking Water

On 25 November, the US Environmental Protection Agency (EPA) received a petition signed by over 100 consumer advocacy groups calling for the EPA to develop a monitoring program for microplastics in drinking water. If...more

FDA Affirms Its Decision to Remove 25 Plasticizers From the Food Additive Regulations

In a continuation of the US Food and Drug Administration's efforts to conduct post-market reviews evaluating the continued use and safety of chemicals authorized in its regulations, the agency is removing decades-old...more

Overview of Food-Contact Material Regulations in Europe - Plastics

This article provides an overview of the regulation of food-contact materials (FCMs), and plastics specifically, in the European Union (EU). As discussed below, plastics and their additives are currently the only types of FCM...more

Obtaining Clearances Through FDA's Food Contact Notification Program

The US Food and Drug Administration’s (FDA) formal regulation of food packaging began in 1958 with the Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act. Since that time, the FDA has employed various...more

Litigation Minute: Microplastics—Everything, Everywhere, All at Once? (ESG Litigation Series: Part Two)

What You Need To Know In A Minute Or Less - Microplastics, as a seemingly ubiquitous contaminant, have increasingly become the subject of online exposés and class action challenges. The Environmental Protection Agency (EPA)...more

FDA Weighs in on Microplastics and Nanoplastics in Food

In a development that is expected to complicate many litigation challenges alleging that the presence of low levels of microplastics in food is inherently unsafe, officials from the US Food and Drug Administration (FDA or...more

Ten Things Consumer Packaged Goods Companies Should Do to Manage Co-Manufacturer Relationships

Many consumer packaged goods (CPG) companies’ contract with other companies to manufacture goods sold under the CPG companies’ label or brand. These arrangements are called “co-manufacturing” or “contract manufacturing.”...more

California's Updated Proposition 65 Regulations New Short-Form Warnings and More

Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June...more

Chlormequat Contamination in Food Products Draws Attention

Food manufacturers should pay close attention to the recent developments surrounding chlormequat chloride (chlormequat), a chemical that plaintiffs claim has been detected in various food products sold in the United States....more

Litigation Minute: Beauty From Within and the Confusing Claims Landscape

What You Need To Know In A Minute Or Less - The current industry trend “beauty from within” refers to a focus on wellness—namely physical, mental, and lifestyle—and its impact on beauty. Oral supplements that consumers can...more

An Overview of the US Food and Drug Administration's Legislative Goals (Part I)

In anticipation of the US Food and Drug Administration (FDA) budget request for Fiscal Year (FY) 2025, this alert provides an overview of the agency’s most recent priorities as outlined in FDA’s FY 2024 budget, found here....more

Chasing Compliance with Chasing Arrows: Exploring the Implications of SB 343, Conflicting State Legislation, and the Impact of...

On 28 December 2023, CalRecycle published the results of the preliminary Material Characterization Study required under SB 343, codified as Cal. Pub. Res. Code § 42355.51. The preliminary findings identify the types of...more

California Bans Four Federally Cleared Additives from Use in Food

On 7 October 2023, California Governor Gavin Newsom signed AB 418 (known as the California Food Safety Act) that bans four additives from use in food. The additives in question (brominated vegetable oil (BVO), potassium...more

Litigation Minute: Is PFAS Litigation Heating Up? (PFAS Series: Part Two)

What You Need To Know In A Minute Or Less - PFAS litigation is on the rise, but questions mount as to the science and motivation behind these cases. Per- and polyfluoroalkyl substances (PFAS) gained substantial marketplace...more

Litigation Minute: FDA and State Action on PFAS in Food Packaging (PFAS Series: Part One)

Known for being resistant to grease, oil, water, and heat, per- and polyfluoroalkyl substances (PFAS) have had a number of applications in food-contact materials regulated by the US Food and Drug Administration (FDA)....more

PFAS Litigation: Who's Next?

With new regulations on the horizon, manufacturers need to be aware of the potential litigation risks related to perfluoroalkyl and polyfluoroalkyl substances (PFAS). As we previously discussed, the U.S. Environmental...more

FDA Releases Traceability Final Rule

The U.S. Food and Drug Administration (FDA) released its final rule on the traceability of high-risk foods on 21 November 2022. The regulations, to be codified at 21 C.F.R. part 1, subpart S (titled “Additional Traceability...more

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