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Microplastics Under the Microscope: Federal and California Proposals Target Microplastics

On 17 July 2025, a bipartisan bill aimed at uncovering the potential human health implications of exposures to microplastics in the food and water supply was introduced into Congress. Introduced by Rep. Janelle Bynum (D-OR),...more

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

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

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

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

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

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

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: 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

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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