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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

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

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

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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