News & Analysis as of

Dietary Supplements Food Safety

Cozen O'Connor

FDA Encourages Food Manufacturers to Phase Out FD&C Red No. 3 Ahead of 2027 Deadline

Cozen O'Connor on

On July 14, 2025, the Food and Drug Administration (FDA) issued new guidance encouraging food manufacturers to phase out FD&C Red No. 3 ahead of the previous 2027 deadline and “as soon as is practicably possible.” Recall...more

Venable LLP

FDA Regulatory Updates for Summer 2025: Food, Supplements, and Cosmetics

Venable LLP on

Recent actions by the Food and Drug Administration (FDA or Agency) reflect a sharpened scrutiny in areas where public health and safety may be critical, but a more relaxed approach in areas where it views innovation may be...more

Morrison & Foerster LLP

New Dietary Ingredient Notifications: FDA Addresses Common Pitfalls and Shares New Educational Tools

On June 11, 2025, the U.S. Food and Drug Administration (FDA) released educational videos and a new fact sheet to facilitate compliance with the agency’s New Dietary Ingredient Notification (NDIN) review process. Under the...more

Venable LLP

FDA to Phase Out Eight Artificial Dyes by 2026

Venable LLP on

On April 22, 2025, the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration announced a series of new measures to quickly phase out all petroleum-based synthetic dyes from the nation’s food...more

Morgan Lewis - Well Done

The Future of Artificial Colors in the US Food Supply Is Not So Bright

Only weeks after being confirmed, the Department of Health and Human Services (HHS) secretary has advised food companies to remove artificial colors from their food products. He recently met with several major food brand...more

DLA Piper

FDA Bans Red Dye No. 3 Under the Delaney Clause

DLA Piper on

The US Food and Drug Administration (FDA) has revoked its authorization for the use of FD&C Red No. 3, also known as Red Dye No. 3. Issued on January 15, 2025, the ban will go into effect for food (including dietary...more

Husch Blackwell LLP

FDA Bans the Use of Red No. 3 in Food and Ingested Drugs

Husch Blackwell LLP on

On January 16, the U.S. Food and Drug Administration (FDA) announced that it is revoking the authorization for use of FD&C Red No. 3 in food (including dietary supplements) and ingested drugs. The dye is commonly used in...more

Bergeson & Campbell, P.C.

OPPT Deputy Director Mark Hartman Will Become Director of FDA’s Office of Food Chemical Safety, Dietary Supplements, and...

Mark Hartman, the highly respected Deputy Director for Programs in the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT), will become Director of the U.S. Food and Drug...more

Morgan Lewis - Well Done

Food Safety 3.0: FDA Implements Human Foods Program Alongside Long-Awaited Reorganization

Morgan Lewis - Well Done on

On October 1, 2024, the US Food and Drug Administration (FDA) announced the implementation of its long-promised reorganization, with the establishment of the unified Human Foods Program (HFP). The HFP now oversees all FDA...more

DLA Piper

Food and Beverage News and Trends - August 2024

DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. FDA rolls out Phase II of long-term sodium reduction plan. FDA has released new,...more

Rivkin Radler LLP

The Case of ‘Gas Station Heroin’

Rivkin Radler LLP on

Is It Necessary for Congress to Amend the FD&C Act for FDA to Have the Authority to Prohibit Tianeptine’s Sale? If the answer to this question is “no,” why are bills being introduced into Congress to give the U.S. Food and...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement and Cosmetics Legal Bulletin - March 2024

HIGHLIGHTS IN 2023 DEVELOPMENTS - FDA Takes Steps to Implement MoCRA - In 2023, the U.S. Food and Drug Administration (FDA) took several steps to implement the Modernization of Cosmetics Regulation Act (MoCRA), which...more

Husch Blackwell LLP

The Future of Functional Foods

Husch Blackwell LLP on

Following the social isolation and public health concerns associated with the COVID-19 pandemic, many Americans reevaluated their health and wellness priorities, creating new opportunities for food systems companies to...more

Jones Day

California Becomes the First State to Ban Four Common Food Additives

Jones Day on

With the swipe of a pen, California Governor Gavin Newsom starts the California Food Safety Act countdown to a 2027 statewide ban on four popular food additives. Starting January 1, 2027, companies manufacturing, selling,...more

Downey Brand LLP

Proposition 65 Quarterly Highlights - March & June 2023: Prop. 65 Plaintiffs are “Fishing” for More…

Downey Brand LLP on

Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more

American Conference Institute (ACI)

[Event] 7th Advanced Summit on Food Law – Regulation, Compliance and Litigation - April 18th - 19th, Chicago, IL

American Conference Institute is hosting the 7th Annual Advanced Summit on Food Law – Regulation, Compliance, and Litigation from April 18-19, 2023, in Chicago! Prepare for the future by examining current controversies,...more

Jones Day

FDA Announces Overhaul of Human Foods Program

Jones Day on

On January 31, 2023, the Food and Drug Administration ("FDA") announced plans to redesign its Human Foods Program (the "Program") to better coordinate the agency's regulation of food products....more

King & Spalding

Medicinal Product, Food Supplement or Novel Food?

King & Spalding on

In the European Union (EU), we find a lot of judgments concerning the distinction between medicinal products and food supplements on both EU and member state levels. Now a third category — novel food — is in the focus of...more

Hogan Lovells

FDA releases updated priority list of food guidance documents intended for publication in 2022

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) recently released an updated list of priority draft and final guidance documents related to foods and dietary supplements that the agency intends to publish by the end of this year....more

Downey Brand LLP

Proposition 65 Notices of the Month – March 2022: Paper Straws and Food Claims Galore

Downey Brand LLP on

In March 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued hovered just above two hundred (200) claims in total. Notably, new claims regarding alleged...more

Downey Brand LLP

Proposition 65 Notices of the Month – February 2022: Cassava Flour and Chips, Hot Cocoa, Ceramics and Glassware, Boots and Shoes,...

Downey Brand LLP on

In February 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued was approximately two hundred (200) in total. Food and nutritional supplement claims were...more

Hogan Lovells

FDA’s FY 2023 Budget Includes Several Proposals Significant to Food and Supplement Manufacturers

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) recently released its Congressional Justification for the fiscal year (FY) 2023 budget. The agency is requesting $1.2 billion for its Foods Program to be allocated to initiatives...more

Kelley Drye & Warren LLP

Food and Personal Care Product Litigation and Regulatory Highlights – March 2022

This month’s update kicks off spring with a Best in Show throwback ad comparing dog flea and tick medication, pivots to claims for survivalist ready-to-eat meals (don’t even try to act like you saw that coming), highlights...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update - March 2022 #2

Shook Of Counsel John Johnson III will co-present “Food and Dietary Supplement Regulation Year-in-Review” on Wednesday, March 30, 2022, at the Food and Dietary Supplement Safety and Regulation Conference. The conference,...more

Downey Brand LLP

Proposition 65 Notices of the Month – January 2022: Lead in Food Products including Dietary Supplements and Spices Remain a...

Downey Brand LLP on

As compared to prior months, the start of the new year was relatively “slow” in terms of the number of Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued alleging new Prop. 65...more

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