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FTC Takes Action Against Personal Care Product Companies for Making False All-Natural Claims

“Natural” claims aren’t just for the food industry – the Federal Trade Commission recently approved four final consent orders against companies that allegedly misrepresented their personal care products as “All-Natural” or “100% Natural,” despite the fact that they contain man-made ingredients. For more information, see the alert posted here.

Prop 65 Developments – Notices of Violation for BPA in Receipts and Containers and OEHHA’s Listing of Styrene and Pesticides

Bryan Cave attorney Merrit Jones recently published two client alerts regarding California’s Prop 65 that impact the food and agriculture industries.

The first alert relates to the bisphenol-A (BPA) listing that took effect on May 11, 2016.  Already, two notices of violation have been served alleging harmful exposure to the chemical without providing a warning. One notice alleges BPA in receipt paper, and another alleges BPA in plastic water cooler jugs.  BPA is believed to be present in a wide variety of plastic consumer products, including many reusable food and drink containers, as well as in the epoxy lining in most canned food and beverage containers.  OEHHA has adopted an emergency regulation authorizing temporary point-of-sale warnings for exposure to BPA from canned and bottled food and beverages. That regulation is expected to remain in effect for more than a year in order to allow manufacturers time to implement alternatives

The FDA Dishes Out Food Label Changes

The current food label will soon be no more. After two decades, the Food and Drug Administration (FDA) just finalized the new Nutrition Facts label for packaged foods. Making it easier for consumers to make better informed food choices, the FDA announced that the changes are based a combination of public input, updated scientific information, new nutrition and public health research, and more recent dietary recommendations from expert groups.

For more information on the label changes from the Bryan Cave Food and Beverage Industry Team, see this client alert.

The European Commission Takes Back the Reins on Novel Food

With the continuing influx of foreign foods, algae, insects, microorganisms and foods with new molecular structures in our diets, the European Union has decided to put in place a harmonized procedure to vet – or not – these “novel foods” before they are placed on the market. This procedure is set out in the recent EU-wide Regulation which will enter into force beginning 2018. “Novel food” is defined as any food product which was not generally consumed in the European Union before 1997 (the date of the first European legislation on this subject) or innovative food developed using new technologies.

Bryan Cave lawyers Kathie Claret and Raphael Roditi prepared this article on the new regulation, which will be of interest to food manufacturers and importers in the EU.

FDA Extends Comment Period for “Natural” Input

As many of you know, FDA has opened a docket to accept comments on whether and how it should define the term “natural” for food labeling purposes.  Today, FDA announced that it will be extending the comment period until May 10, 2016.   As outlined by FDA:

Although the FDA has not engaged in rulemaking to establish a formal definition for the term “natural,” we do have a longstanding policy concerning the use of “natural” in human food labeling. The FDA has considered the term “natural” to mean that nothing artificial or synthetic (including all color additives regardless of source) has been included in, or has been added to, a food that would not normally be expected to be in that food. However, this policy was not intended to address food production methods, such as the use of pesticides, nor did it explicitly address food processing or manufacturing methods,

What do FDA’s Preventive Controls Rules Actually Mean?

St. Louis Partner Brandon Neuschafer authored an article Nov. 10 in Refrigerated & Frozen Foods magazine concerning the FDA’s Preventive Controls Rules. Released on Sept. 10, the rules aim to shift the focus of U.S. food safety away from incident response and toward prevention. “FDA expects that many large facilities are already doing a vast majority of what is now being required,” Neuschafer wrote. “Those facilities may still need to develop additional documentation or tweak procedures. Interesting and complicated issues swirl around companies who are not themselves food facilities, but are technology and equipment providers to such facilities.” Click here to read his full article.

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