On March 31, 2025, Congress saw the reintroduction of H.R. 2511, the Sarah Katz Caffeine Safety Act.
The bill would amend the Federal Food, Drug, and Cosmetic Act to establish new regulatory requirements for labeling the...more
8/8/2025
/ Consumer Protection Laws ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Marketing ,
New Legislation ,
Product Labels ,
Proposed Legislation ,
Public Health ,
Regulatory Requirements ,
Reporting Requirements ,
Research and Development ,
Restaurant Industry ,
Social Media
Key Takeaways:
- The FDA Human Foods Program (HFP) released its agenda for releasing draft guidance for the remainder of 2025.
- The agenda includes new guidance on topics such as new dietary ingredient notifications, food...more
On June 3, 2025, lawmakers introduced the Supporting Accessible, Flexible, and Effective (SAFE) Sunscreen Standards Act in the U.S. House of Representatives, aiming to bring U.S. sunscreen regulations in line with scientific...more
In recent years, plaintiffs have increasingly set their sights on kratom, a controversial botanical supplement, as a target for litigation. With at least 15 putative class-action cases filed in the past year alone, this...more
We are pleased to share our Q4 Food and Consumer Packaged Goods (CPG) Legal Trends report. This report is a bite-size version of our annual year in review, providing timely insights on legal trends in the space.
In Q4 of...more
1/31/2025
/ Class Action ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Product Labels ,
Putative Class Actions ,
Regulatory Agenda ,
Regulatory Requirements ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) and the U.S. Food and Drug Administration (FDA) recently published a joint Request for Information (RFI) seeking stakeholder input related...more
We are pleased to share our Q3 Food & Consumer Packaged Goods (CPG) Legal Trends report. This report is a bite-size version of our annual year in review, providing timely insights on legal trends in the space.
In Q4 of...more
11/1/2024
/ California ,
Class Action ,
Draft Guidance ,
Environmental Policies ,
Food and Drug Administration (FDA) ,
PFAS ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
USDA
The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters on July 16, 2024, to five companies for illegally selling and introducing into the market copycat food products...more
On April 3, 2024, FDA published Draft Guidance titled New Dietary Ingredient Notification Master Files for Dietary Supplements (the Draft Guidance). The Draft Guidance provides recommendations on how stakeholders can...more
On March 5, FDA published its long-awaited Final Guidance on New Dietary Ingredient Notification (NDIN) Procedures and Timeframes (Final Guidance). This new guidance updates and finalizes Section V of FDA’s revised 2016 Draft...more
On February 28, 2024, the U.S. Food and Drug Administration (FDA) announced that grease-proofing substances containing per- and polyfluoroalkyl substances (PFAS) are no longer being sold by manufacturers for food contact use...more
On February 15, a bipartisan group of five Congressional Representatives introduced the Pet Food Uniform Regulatory Reform Act of 2024 (the PURR Act) in the U.S. House.
Currently, the FDA’s regulation of pet foods is...more
The FDA recently launched an updated dietary supplement ingredient directory titled "Information on Select Dietary Supplement Ingredients and Other Substances," replacing FDA’s "Dietary Supplement Ingredient Directory,"...more
The U.S. Food and Drug Administration (FDA) recently published revisions to its multichapter draft guidance for industry on Hazard Analysis and Risk-Based Preventive Controls (HARPC) for Human Food (the Draft Guidance). 89...more
PERKINS COIE IS PLEASED TO PUBLISH ITS Q4 FOOD AND CPG LEGAL TRENDS REPORT.
This report is a bite-sized version of our annual year in review, providing timely insights on trends so far this year. In Q4 2023, the Consumer...more
1/23/2024
/ Beverage Manufacturers ,
Class Action ,
Cosmetics ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Menu-Labeling ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Nutritional Supplements ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Requirements
On December 7, U.S. Representative Greg Pence (R-IN) introduced the Innovative Feed Enhancement and Economic Development Act of 2023 (the Innovative FEED Act). Sen. Roger Marshall (R-KS) introduced the Senate version of the...more
On November 30, 2023, FDA announced the availability of new resources for stakeholders to facilitate compliance with the Food Traceability Rule.
Refresher on FDA’s Food Traceability Final Rule -
FDA issued its Food...more
On November 1, 2023, the U.S. Food and Drug Administration (FDA) published a proposed rule to amend Prior Notice requirements for imported human and animal food in two key ways: Additionally, on October 13, 2023, FDA...more
On September 26, 2023, the U.S. Food & Drug Administration (FDA) added two new chapters to the agency’s draft guidance (the Draft Guidance): Chapter 11: Food Allergen Program and Chapter 16: Acidified Foods. These additions...more
10/5/2023
/ Draft Guidance ,
Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Elena Nacarino, et al. v. Kashi Company and Molly Brown, et al. v. Kellogg Company, Nos....more
The U.S. Food and Drug Administration (FDA) issued draft guidance on August 7, 2023, clarifying new requirements for cosmetic facility registrations and product listings under the Modernization of Cosmetics Regulation Act of...more
8/22/2023
/ Comment Period ,
Cosmetics ,
Distributors ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Personal Care Products ,
Registration Requirement ,
Regulatory Requirements ,
Retailers
Congressional Activity—New Hearing and Bipartisan Bill on Hemp -
On July 20, the Hemp Access and Consumer Safety Act was reintroduced in Congress with bipartisan support from co-sponsors Sen. Ron Wyden, D-Ore., Sen. Rand...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Darlene Hollins, et al. v. Walmart, Inc., et al., No. 21-56031 (9th Cir. – May 11, 2023): The...more
The U.S. Food and Drug Administration (FDA) released a public inventory on July 12, 2023, of certain food ingredients that the agency has determined are unsafe because they are unapproved food additives that are not Generally...more
7/19/2023
/ Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Enforcement Actions ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
GRAS ,
Manufacturers ,
Regulatory Reform
FDA and FTC Issue Cease and Desist Letters to Companies Selling Delta-8 Edibles -
On July 5, the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) jointly sent cease and desist letters to six companies...more
7/17/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Cease and Desist Orders ,
Controlled Substances Act ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Investigations ,
Labeling ,
Marijuana ,
Marijuana Related Businesses ,
Product Packaging ,
Regulatory Requirements ,
State and Local Government ,
Warning Letters