On March 6, 2020, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued seven warning letters to companies making alleged unauthorized claims related to the prevention or treatment of the Coronavirus Disease 2019 (COVID-19). In addition to issuing the joint warning letters, the FDA issued a press release announcing the actions taken … Continue Reading
On Feb. 7, New York Governor Andrew M. Cuomo signed legislation regulating the presence of toxic chemicals in children’s products and apparel. The governor agreed to the legislation – the last of the bills from the 2019 legislative session to be signed – on the condition that the bills be amended in the current 2020 … Continue Reading
Illinois is proposing a new rule that would lower the state’s “action level” for children with lead in their blood. The new rule would also stiffen penalties for those who violate the Lead Poisoning Prevention Act and Code. The rule, proposed by the Illinois Department of Public Health (IDPH), would lower the threshold level of … Continue Reading
EPA concluded in draft risk assessments that a widely used herbicide in the United States that controls weeds and grasses— glyphosate—is “not likely to be carcinogenic to humans.” Importantly, the assessment also “found no other meaningful risks to human health when the product is used according to the pesticide label.” According to EPA, this finding … Continue Reading
On May 20, 2016, the FDA announced that it finalized changes to the Nutrition Facts panel on the labels of packaged foods and beverages, as well as changes to the Supplement Facts panel on the labels of dietary supplements. The final regulations were published in the Federal Register on May 27, 2016. The final version … Continue Reading
Despite positive reviews from the EPA and European Food Safety Authority, Bisphenol A (BPA), a synthetic compound used to line canned goods and other consumer products, was added to the Proposition 65 list on May 11, 2015, as a chemical known to cause reproductive toxicity. Effective May 11, 2016, private enforcers may bring lawsuits to … Continue Reading
On Feb. 25, 2016, the U.S. Consumer Product Safety Commission (CPSC) voted unanimously to modify its requirement that companies issue general conformity certificates (GCC) for all adult clothing. The CPSC previously required that manufacturers or importers of record issue GCC’s certifying that adult clothing met flammability requirements under the Flammable Fabrics Act, even where the … Continue Reading
On Oct. 14, 2015, the Consumer Product Safety Commission (CPSC) issued a direct final rule amending rules promulgated under the Consumer Product Safety Act (CPSA). First, the CPSC clarified its Component Part Testing Rule, 16 C.F.R. § 1109, to make clear that the special testing requirements outlined in Subparts B and C of the rule … Continue Reading
On Aug. 26, 2015, the Seventh Circuit affirmed the exclusion of three expert witnesses who proffered opinions based on differential etiology as unreliable, but noted that “there may be a case where a rigorous differential etiology is sufficient to help prove, if not prove altogether both general and specific causation.” C.W. v. Textron, Inc., No. 14-3448 … Continue Reading
The U.S. Food and Drug Administration (FDA) recently finalized two rules requiring that calorie information be listed on menus and menu boards in chain restaurants and similar retail food establishments, as well as on certain vending machines. In announcing the finalization of the two rules, FDA Commissioner Margaret A. Hamburg, M.D. stated that “Americans eat … Continue Reading
Prepared by James Mattesich, Justin Prochnow, Anthony Cortez and Greg Sperla. The California Office of Environmental Health Hazard Assessment (OEHHA) announced on March 7, 2014 that it is considering implementation of the most significant changes to Proposition 65 regulations in more than two decades. Because OEHHA’s proposals are currently in the preliminary stages, businesses that … Continue Reading
On October 1, 2012, the Federal Trade Commission (“FTC”) issued a revised version of its “Guides for the Use of Environmental Claims,” better known to many as the “Green Guides,” which describe the types of environmental claims that the FTC may find deceptive under Section 5 of the FTC Act. Recently, Jessica Rich, Director of … Continue Reading
The FDA caused quite a stir this morning by announcing proposed updates to the Nutrition Facts and Supplement Facts information required for packaged foods and dietary supplements. These changes reflect the first significant changes in the 20 years since nutrition information was first required to be placed on labels in the form of a Nutrition … Continue Reading
