With Thanksgiving fast approaching, you have probably heard that there is a turkey shortage – brought about by a combination of rising costs for feed and fuel, continued labor shortages, and – if that were not enough –a...more
11/18/2022
/ Biden Administration ,
Compliance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement ,
Executive Orders ,
Labor Shortage ,
Poultry ,
Proposed Rules ,
Sherman Act ,
Supply Chain ,
Supply Shortages ,
Unfair or Deceptive Trade Practices ,
USDA
Many people experience hearing loss and related hearing issues. To date, to get a hearing aid, people needed a prescription and to see a licensed hearing aid specialist in order to be properly diagnosed and fitted for a...more
On July 6, the U.S. Food and Drug Administration (FDA) revised its emergency use authorization (EUA) for the COVID-19 antiviral treatment PaxlovidTM (nirmatrelvir and ritonavir) to allow prescribing by pharmacists for quicker...more
Well into the third year of the global pandemic, with record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued upon a similar path as recent...more
6/7/2022
/ Bankruptcy Court ,
Biden Administration ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
DEA ,
Department of Justice (DOJ) ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Food and Drug Administration (FDA) ,
Infrastructure ,
Insolvency ,
NDAA ,
Patents ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Sustainability ,
Trademarks ,
USPTO ,
Veterans Administration
We invite you to enjoy a review of the food and beverage industry with bite size articles ranging from regulatory and real estate trends to litigation and M&A happenings.
The past two years have seen significant changes...more
6/2/2022
/ American Rescue Plan Act of 2021 ,
Beverage Manufacturers ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement ,
False Claims Act (FCA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Investigations ,
Paycheck Protection Program (PPP) ,
Putative Class Actions ,
SBA ,
Whistleblowers
The Mexican Federal Commission for the Protection Against Sanitary Risks (Cofepris) and the Federal Consumer Prosecutor's Office (Profeco) removed more than 10,000 units of domestic and imported foodstuff products that were...more
The fashion industry has certainly seen its fair share of change over the last year given consumer trends, geopolitical & public health issues, innovation in technology and legal developments and we don’t anticipate that...more
3/23/2022
/ Acquisitions ,
Blockchain ,
CASE Act ,
Copyright ,
Cosmetics ,
Cryptocurrency ,
Environmental Social & Governance (ESG) ,
Fashion Industry ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Financial Sponsors ,
Food and Drug Administration (FDA) ,
Investors ,
Mergers ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Retailers ,
SCOTUS ,
Supply Chain ,
Sustainability ,
Trademark Infringement ,
Trademarks
The U.S. Food & Drug Administration (FDA) previously issued emergency use authorizations (EUA) and adopted emergency policies in response to the COVID-19 public health emergency (PHE) to facilitate the availability of key...more
On November 15, 2021, the U.S. Department of Health and Human Services (HHS) announced the withdrawal of the policy established during the previous administration that limited U.S. Food and Drug Administration’s (FDA) ability...more
The counterfeit business is booming. In fact, counterfeit goods account for a whopping 3.3% of global trade and cost the U.S. economy approximately $600 billion a year.
The Dangers of Counterfeit Products -
Counterfeiting...more
On September 17, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed new, alternative safe harbor warnings for acrylamide exposures in food. OEHHA’s stated goal is to reduce the potential...more
Many companies need strong supply chain traceability. For the most prevalent tracing challenges, blockchain may provide a formidable solution.
Real-World Applications -
Using blockchain to trace products is especially...more
On June 30, 2021, the Centers for Medicare & Medicaid (CMS) released Open Payments data for the past year, 2020. This new data publication comes amid heightened government scrutiny of payments by drug and medical device...more
7/9/2021
/ Affordable Care Act ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Group Purchasing Organizations (GPO) ,
Manufacturers ,
Medical Devices ,
Medicare ,
OIG ,
Open Payments ,
Prescription Drugs ,
Sunshine Act
Foley & Lardner’s Food & Beverage Industry Team has authored a new handbook entitled, “Food & Beverage Supply Chain Desk Reference.” For the sake of convenience, the Desk Reference includes quick answers to your legal needs...more
3/25/2021
/ Food and Drug Administration (FDA) ,
Food Recalls ,
Indemnification ,
License Agreements ,
Limitation of Liability Clause ,
Non-Disclosure Agreement ,
Product Recalls ,
Robinson-Patman Act ,
Sales & Distribution Agreements ,
Sellers ,
Sherman Act ,
Supply Chain ,
Terms and Conditions ,
The Clayton Act ,
Uniform Commercial Code (UCC) ,
USDA ,
Warranties
On the heels of a year beset by turmoil and the myriad challenges caused by the global pandemic, the cannabis industry nevertheless entered 2021 poised for significant growth amid a landscape teeming with opportunity. Public...more
2/26/2021
/ Banking Sector ,
Cannabidiol (CBD) oil ,
Cannabis-Related Businesses (CRBs) ,
Capital Markets ,
Controlled Substances Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Policies ,
Financial Institutions ,
Food and Drug Administration (FDA) ,
Insolvency ,
Insurance Industry ,
Internal Revenue Code (IRC) ,
Marijuana Related Businesses ,
Patent Litigation ,
Patents ,
Restructuring ,
Securities and Exchange Commission (SEC) ,
Trademarks ,
USPTO
What You Need to Know: On December 18, 2020, the Food and Drug Administration issued the second emergency use authorization (“EUA”) for a vaccine for the prevention of COVID-19 in individuals 18 years of age and older. Under...more
What You Need to Know: Late on December 11, 2020, the Food and Drug Administration issued the first emergency use authorization (“EUA”) for a vaccine for the prevention of COVID-19 in individuals 16 years of age and older....more
The Centers for Medicare & Medicaid Services (CMS) issued updated guidance on the thresholds that Applicable Manufacturers and Group Purchasing Organizations are required to report annually under the Sunshine Act (42 U.S.C. §...more
11/18/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Consumer Price Index ,
Covered Recipients ,
Data Collection ,
Department of Justice (DOJ) ,
Group Purchasing Organizations (GPO) ,
Manufacturers ,
Nurse Practitioners ,
Open Payments ,
Physicians ,
Social Security Act ,
Sunshine Act
The U.S. Food and Drug Administration (FDA) has continued to publish food safety updates relating to the coronavirus (COVID-19) pandemic throughout the pandemic. Foley’s Food and Beverage team have continued to monitor and...more
As the U.S. continues to struggle to make COVID-19 tests available for symptomatic and asymptomatic individuals, FDA’s position regarding COVID-19 test standards is evolving. The FDA’s pivot is possibly a response to...more
The U.S. Food and Drug Administration (“FDA”) in March 2020 temporarily halted its domestic inspection program amid the coronavirus disease (COVID-19) pandemic. During this time, FDA continued to use other tools, including...more
The Financial Crimes Enforcement Network (“FinCEN”) recently released guidance for bank and financial institutions regarding the requirements and obligations for financial institutions under the Bank Secrecy Act (BSA) and...more
7/9/2020
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Customer Due Diligence (CDD) ,
Due Diligence ,
Farm Bill ,
Financial Institutions ,
FinCEN ,
Guidance Update ,
Hemp Related Businesses ,
Interim Final Rules (IFR) ,
USDA
On May 4, 2020, the Food and Drug Administration (FDA) updated its “Policy for Coronavirus Disease-2019 Tests During the Public Health Emergency (Revised) | Immediately in Effect Guidance for Clinical Laboratories, Commercial...more
On Sunday, April 26th, the Centers for Disease Control and Prevention (CDC) and the Department of Labor (DOL) issued interim guidance specific to the meat and poultry processing industry to facilitate ongoing operations and...more
Last week, California Governor Gavin Newsom signed an Executive Order mandating 80 hours of supplemental paid sick leave for COVID-19 related reasons be provided to “food sector workers” at private companies with 500 or more...more
4/24/2020
/ California ,
Department of Industrial Relations ,
Employee Benefits ,
Employer Responsibilities ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Food Service Workers ,
Food Supply ,
Full-Time Employees ,
Governor Newsom ,
Part-Time Employees ,
Posting Requirements ,
Sick Leave ,
State and Local Government