The states of Texas and Louisiana have each enacted first-of-their-kind warning or notice labeling requirements for food ingredients, both of which pose significant issues of concern related to the First Amendment and federal...more
On December 19, 2024, the U.S. Food and Drug Administration (FDA) issued its long-awaited final rule updating the requirements for when the term “healthy” can be used as an implied nutrient content claim in food labeling. ...more
On January 6, 2025, the U.S. Food and Drug Administration (FDA) issued draft guidance on the labeling of plant-based alternatives to animal-derived foods. The draft guidance provides best practices for naming plant-based...more
The U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) recently announced a Request for Information (RFI) related to standardizing food date...more
On August 15, 2024, the U.S. Food and Drug Administration (FDA) issued draft guidance with new, voluntary sodium reduction targets for foods, with the goal of reducing sodium intake to 2,750 milligrams (mg) per day from the...more
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a Request for Information (RFI) asking interested parties to submit comments regarding potential revisions to the current...more
The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has issued a final rule updating the List of Bioengineered Foods (the List) under the National Bioengineered Food Disclosure Standard (the...more
The U.S. Food and Drug Administration (FDA) published a second procedural notice regarding its plans to conduct consumer research on a front-of-pack (FOP) nutrition labeling scheme....more
The U.S. Food and Drug Administration (FDA) is requesting comment on the availability of nutrition, ingredient, and allergen information online for packaged foods sold through online grocery shopping platforms. FDA explains...more
On February 22, 2023, the U.S. Food and Drug Administration (FDA) issued a draft guidance document recommending that plant-based alternative milks that use “milk” in the name (e.g., “soy milk”, “almond milk,” “oat milk”), and...more
The U.S. Food and Drug Administration (FDA) continues to explore the development of a standardized front of package (FOP) nutrition labeling scheme by conducting consumer research....more
We’re a few weeks into 2023, and while some new year’s resolutions may have already fallen to the wayside, there are plenty of food law issues that will take us through 2023 and beyond. Here are key issues the Hogan Lovells...more
The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has amended its organic regulations to strengthen oversight and enforcement of the National Organic Program (NOP). The final rule, which requires...more
Food labeling class actions brought on behalf of allegedly deceived consumers have become increasingly commonplace, especially in hotbed jurisdictions like California, New York, and Illinois. Labeling cases are, not unlike...more
The Food and Drug Administration (FDA) has issued its proposed rule updating the definition of the implied nutrient content claim “healthy” for use in labeling. Under the proposal, to be considered healthy, a food would need...more
A court has invalidated the portion of the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service’s (AMS’s) final rule implementing the National Bioengineered Food Disclosure Standard (BE Rule) that allows...more
The U.S. Food and Drug Administration (FDA) has provided an update on the consumer research it plans to conduct on voluntary symbols that could potentially be used in the future to convey the nutrient content claim “healthy.”...more
USDA recently issued a final rule establishing transitional nutrition standards for sodium, whole grains, and fluid milk in school meals. The new standards will take effect for the 2022-2023 and 2023-2024 school year. USDA...more
The U.S. Food and Drug Administration’s (FDA’s) Center for Food Safety and Applied Nutrition (CFSAN) and Office of Food Policy and Response (OFPR) released an updated list of priority draft and final guidance documents...more
The Food and Drug Administration (FDA) recently added a new Question and Answer to its website related to “0 g total sugars” label statements....more
The U.S. Food and Drug Administration’s (FDA) Center for Food Safety and Applied Nutrition (CFSAN) and Office of Food Policy and Response (OFPR) recently released a list of priority draft and final guidance documents that the...more
The U.S. Food and Drug Administration (FDA) has released draft options for a new voluntary “healthy” symbol for packaged foods to depict the nutrient content claim. As previously noted, on 7 May 2021 the FDA issued a notice...more
On 14 April 2021, the U.S. Congress passed the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act of 2021 (S. 578), which now heads to the White House for signature. ...more
Last week the Food and Drug Administration (FDA) issued a Final Guidance document regarding the use of an alternate name for potassium chloride in food labeling....more
On 10 November 2020, the U.S. Food and Drug Administration (FDA) announced the availability of a draft guidance recommending that companies voluntarily declare sesame in the ingredient list when it is used as a “flavor” or...more
11/12/2020
/ Federal Food Drug and Cosmetic Act (FFDCA) ,
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 ,
Retail Market ,
Voluntary Disclosure