Yesterday, March 26, 2020, the U.S. Environmental Protection Agency (EPA) published a memorandum titled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program. This guidance comes at a time
Continue Reading Before Making Pandemic Response Products, Consider Environmental Regulations
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
Continue Reading FDA and FTC Warn Companies for Unauthorized Coronavirus Disease 2019 (COVID-19) Claims
On Feb. 20, 2020, roughly one year after announcing its comprehensive per- and polyfluoroalkyl substances (PFAS) action plan, the Environmental Protection Agency (EPA) issued a preliminary regulatory determination under
Continue Reading PFAS Update: EPA Begins Process of Developing Drinking Water Limits for PFOS and PFOA
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
Continue Reading FDA Announces Changes to the Nutrition Information on the Labels of Food, Beverages, and Dietary Supplements
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
Continue Reading BPA Regulation Will Soon Affect Consumer Products Distributed in California – Comments on Regulation due April 29, 2016
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,
Continue Reading FDA Issues Rules to Help Consumers Monitor Caloric Intake
In our February 12, 2014 post, entitled “Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw,’” we addressed whether claims challenging consumer product advertising as “all natural” were preempted
Continue Reading Court Rejects Preemption and Primary Jurisdiction Arguments in “All Natural” Case
With summer around the corner, the Federal Trade Commission (FTC) is reminding publishers, broadcasters, and other media of the ways to spot phony weight-loss claims when screening ads for publication.
Continue Reading FTC Urges Media to Review Weight-Loss Advertising Before Accepting
California isn’t exactly known as a business-friendly state. In some ways, the governor has tried to change that. He’ll have an interesting choice to make if a recently-passed senate bill
Continue Reading Are Sugary Drink Warnings Coming to California?
On March 7, 2014, my colleague Justin Prochnow posted The Name Game: FDA Revisits its 2009 Draft Guidance on ‘Evaporated Cane Juice,’ which addressed the FDA’s recent announcement that it is revisiting a 2009 draft guidance stating its position on the description “evaporated cane juice.” The 2009 draft guidance took the position that describing the ingredient as “juice” was misleading under the Food, Drug and Cosmetic Act. The FDA is now soliciting comments on the issue, which could affect how the Administration treats the description, which in turn could affect litigation against companies whose products contain the ingredient. As described more in Mr. Prochnow’s March 7 post, the 2009 draft guidance spawned numerous class actions against such companies. That litigation continues, including a putative class action against Wallaby Yogurt Co. that a federal judge on Thursday, March 13, 2014 allowed to proceed. The case is Morgan v. Wallaby Yogurt Co., Inc., 3:13-cv-00296 (N.D. Cal. 2013).
Continue Reading Another ‘Evaporated Cane Juice’ Class Action Proceeds as the FDA Solicits Comments on the Description