The following is a summary of some of the key issues Congress and the Administration will be debating in 2013. Please contact us with any questions. We are happy to provide further analysis as well as insight into other areas of interest. Agriculture: Tom Vilsack is expected to stay on as Secretary of Agriculture…. Continue Reading
Category Archives: Food & Agriculture
Subscribe to Food & Agriculture RSS FeedFDA Suspends Sunland’s Registration; First Use of New Suspension Authority
On November 26, the Food and Drug Administration (FDA) suspended the food facility registration of Sunland, Inc., a producer of nuts, and nut and seed spreads. Notably, this is the first time FDA has used its registration suspension authority, which was established by Section 102(b) of the FDA Food Safety Modernization Act (FSMA). Significantly, this… Continue Reading
Senate Commerce Committee’s Probe of Fortune 500 Corporate Cybersecurity is Unprecedented; Responses Requested Oct. 19
Each of the 500 largest businesses in America has been asked by the Senate Commerce Committee to describe how it deals with cybersecurity, demonstrating that government’s focus on cybersecurity is not going away despite stalled legislative efforts. On 19 September, Senator Jay Rockefeller (D-WV) sent an unprecedented letter to the chief executives of the 500 largest companies… Continue Reading
FDA and OMB Sued For Failing to Meet FSMA Deadlines
FDA and the White House Office of Management and Budget (OMB) were recently sued by two consumer advocacy groups for failing to meet several statutory rulemaking deadlines in the FDA Food Safety Modernization Act (FSMA). In late 2011, FDA submitted four proposed rules implementing FSMA to OMB for review. The proposed rules cover Preventive Controls… Continue Reading
FTC Obtains Multi-Million Dollar Settlement Against Marketer of Fitness Gear
The Federal Trade Commission (FTC) has obtained a $25 million settlement against the marketers of the Ab Circle Pro, an abdominal exercise device, for alleged deceptive advertising. According to the Commission, the defendants, including Fitness Brands, Inc. and Fitness Brands International, Inc., falsely promised that a three-minute workout with the Ab Circle Pro was the… Continue Reading
President signs The Food and Drug Administration Safety and Innovation Act: Summary of certain key provisions
President Obama recently signed into law The Food and Drug Administration Safety and Innovation Act (FDASIA). FDASIA will reauthorize for another five years the Prescription Drug User Fee Act (PDUFA V) and the various related user fee agreements between the drug and device industries and FDA. FDASIA includes provisions related to drugs, devices, generic drugs,… Continue Reading
FDA’s Changing Culture: What Food Companies Need to Know
The Food and Drug Administration (FDA) is undergoing a major culture change, and nowhere is that impact being felt more than in the food industry. While visibly preparing new regulations to implement the Food Safety Modernization Act (FSMA), the agency has quietly become much more inspection-oriented and enforcement-minded, even under its historic authorities. Here is… Continue Reading
U.S. tax reform: elements of reform already being developed by Congress
U.S. businesses and foreign multinationals with U.S. tax obligations should be on alert that the elements of a major U.S. tax reform legislative package are already in development within the U.S. Congress, the Obama Administration, and in interest groups and think tanks in Washington. The make-up of this tax reform package – to be debated… Continue Reading
Ninth Circuit Suggests Flexibility in Type Size for Food Statements of Identity
While the Ninth Circuit’s recent ruling in POM Wonderful v. Coca-Cola has received attention for its holding on preemption, the decision provides interesting statements in the technical realm of the FDA’s type-size requirements for statements of identity in food labeling. The issue involved the statement of identity for Coca-Cola’s Pomegranate Blueberry Minute Maid drink, “Pomegranate… Continue Reading
FTC Requires Two “Gold-Standard” Studies in Sketchers Consent Decree
For the second time in eight months, the Federal Trade Commission (FTC) has obtained a multi-million dollar settlement as the price paid for alleged deceptive advertising of footwear promoted to help customers lose weight and strengthen muscles. The FTC announced its $40 million settlement with Sketchers earlier this week. According to the FTC, Sketchers incorrectly… Continue Reading
FDA Strategic Plan Emphasizes Food Safety Law Implementation
The Food and Drug Administration has released the final strategic plan for its Foods and Veterinary Medicine Program for 2012–2016, which will guide the agency’s food-related priorities for the foreseeable future. The plan in large part reflects FDA’s efforts to implement the Food Safety Modernization Act and leaves little doubt that FSMA implementation is the agency’s… Continue Reading
Welcome to HL Focus on Regulation
Hello and welcome to the Hogan Lovells Focus on Regulation. We are delighted to introduce you to our government regulatory blog. In an increasingly complex global market, it’s more important than ever to understand, anticipate, and quickly respond to a wide range of regulatory challenges. Our goal is to use this blog to bring you… Continue Reading