YOUR SOURCE ON FOOD LITIGATION AND REGULATION
On January 4, 2011, US President Barack Obama signed the Food Safety Modernization Act (FSMA) . [1] The law’s aim is to shift the focus on food safety from responding to problems to preventing them.
In a decision that will impact numerous lawsuits in the lower courts, in Kane v. Chobani (No. 14-15670 (9th Cir. Mar. 24, 2016)) the US Court of Appeals for the Ninth Circuit stayed proceedings in a class action regarding the alleged misuse of the term “natural” on food labels until the US Food and Drug Administration (FDA) has completed its review of the term.
The FDA issued a statement on March 9 indicating that, as a result of language in the Omnibus Appropriations Bill enacted December 18, 2015, 1 it is delaying enforcement of the Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments Final Rule (Menu Labeling Final Rule).
On March 7, the US Food and Drug Administration (FDA) announced the availability of revised guidance for industry titled “ A Dietary Supplement Labeling Guide: Chapter II. Identity Statement ” (Revised Guidance).
On February 26, two cheese companies and one of their corporate officers, Michelle Myrter, pleaded guilty in federal court for selling “real parmesan and romano cheese” that contained high amounts of cellulose and other improper fillers.
On February 23, the US Food and Drug Administration (FDA) issued a guidance document titled Guidance for Industry: Nutrient Content Claims; Alpha-Linolenic Acid (ALA), Eicosapentaenoic Acid (EPA), and Docosahexaenoic Acid (DHA) Omega-3 Fatty Acids; Small Entity Compliance Guide 1 (Guidance).
On January 29, the US Food and Drug Administration (FDA or the Agency) issued Import Alert 99-40 : Genetically Engineered (GE) Salmon, which bans the import of any human or animal food containing GE salmon until the FDA publishes final labeling guidelines for informing consumers of such content.
On November 12, 2015, the Food and Drug Administration (FDA) announced the establishment of a docket (Docket No. FDA–2014–N–1207) to receive information and comments on the use of the term “natural” in the labeling of human food products, including foods that are genetically engineered or contain ingredients produced through the use of genetic engineering.
The National Oceanic and Atmospheric Administration (NOAA) published a final rule on January 13 that implements the Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico (Gulf Aquaculture Plan).
Updated nutritional guidelines emphasize holistic eating patterns over the course of a lifespan.