UPDATE (May 3, 2017): The FDA announced on May 1 that enforcement of the menu labeling rule is delayed until May 7, 2018. In addition, FDA is seeking comments “on the implementation of the menu labeling requirements, such as approaches to reduce regulatory burden or increase flexibility related to (a) calorie disclosure signage for self-service foods,… Continue Reading
Everybody wants “clean” labels. But, what does that mean? With no legal definition, “clean” labeling encompasses a wide-range of claims, such as natural, healthy, -free, simple, small-batch, no preservatives, no artificial colors or flavors, made from nature, made from kitchen ingredients, and pasture-raised. Underlying the “clean” … Continue Reading
The Food and Drug Administration (“FDA”) recently published draft guidance articulating recommended practices to control Listeria monocytogenes (“L. mono”) in Ready-to-Eat… Continue Reading
Last month, the Ninth Circuit Court of Appeals revered (in part) a lower court decision finding that Dole’s “all natural” labeling was not deceptive to consumers – reviving a four-year-old litigation, Brazil v. Dole Packaged Foods LLC.
Although the decision was not a total win for consumers (and was not a published decision and therefore not binding… Continue Reading
Chase Purdy at Quartz recently published an article with the following headline: “To lure people put off by the freakiness of lab-made meat, this is what the industry wants to call it.” It got me thinking about the importance of names and narratives in the food world, and how this is not the first time we’ve wrestled with the naming and framing of a food item.… Continue Reading
Remember last month when we said to DOCUMENT EVERYTHING under the Food Safety Modernization Act (FSMA)? Well, here’s some more context for that recommendation.
For one, FSMA adds a substantial amount of documentation and record-keeping requirements for food companies that are covered by any one or more of FSMA’s new regulations. For example:
- Food facilities—those
The term “healthy” as commonly used is quite subjective—meaning different things to different types of consumers. Culturally, there are sometimes fast-changing trends about what is healthy—foods rejected by consumers a few years ago are now regaining popularity and vice versa. Nevertheless, the FDA defines “healthy” and regulates how … Continue Reading
We wrote earlier this week about the Food Safety Modernization Act (FSMA) and what it means, from a 30,000 foot perspective, for food companies. Today we are going to dig in a little deeper to one issue that we’ve seen clients wrestle with recently.
One core FSMA requirement is a new process that requires identification and prevention of all reasonably foreseeable… Continue Reading
Today, Sept. 19, 2016, is a big day for the food industry. It is the first compliance deadline for regulations under the Food Safety Modernization Act (FSMA) – the law we’ve been talking about since 2011, the law touted as the most sweeping reform of food safety laws in more than 70 years.
So, what’s all the big fuss about?
Yes, “food facilities” (companies… Continue Reading
While you were (hopefully) lounging at the beach or hiking mountains, the FDA was hard at work in Washington D.C. churning out final rules and guidance documents that impact food companies in various, and sometimes substantial, ways.
Some of those updates were expected (e.g., Nutrition Facts updates) and some were a surprise (e.g., a finalized GRAS rule, … Continue Reading