On February 28, 2024, the U.S. Food and Drug Administration announced that grease-proofing substances containing Per- and Polyfluoroalkyl Substances are no longer being sold by manufacturers for food contact use in the U.S. market.

The FDA recently launched an updated dietary supplement ingredient directory titled "Information on Select Dietary Supplement Ingredients and Other Substances," replacing FDA’s "Dietary Supplement Ingredient Directory," released March 2023.

The U.S. Food & Drug Administration recently published revisions to its multichapter draft guidance for industry on Hazard Analysis and Risk-Based Preventive Controls for Human Food. More specifically, FDA revised the draft Introduction, as well as draft Appendix 1, to address stakeholder comments submitted on prior drafts made available in 2016.

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review.

The U.S. Food and Drug Administration recently released an updated list of guidance documents that the agency plans to publish in draft or final form throughout 2024.

Perkins Coie is pleased to publish its Q4 Food and CPG Legal Trends Report.

On The Persuasion Occasion this week, we’re excited to talk to Dr. Rick Fuentes, nationally recognized trial consultant, about how to be more persuasive with the new generation of jurors.

Brian Sylvester and Tommy Tobin authored a Food Safety Magazine article titled "Cultivated Meat: How FDA and USDA are Addressing Food Safety" detailing what cultivated meat is, who is in charge of regulating it, the current landscape of the industry, and key takeaways for food safety professionals.

This week on The Persuasion Occasion, Jasmine and David communicate (they don’t just talk) with Abbie Maroño, Ph.D., a body language expert, about how we transmit signals with body language, facial expressions, and other visual cues.

On November 30, 2023, FDA announced the availability of new resources for stakeholders to facilitate compliance with the Food Traceability Rule.

On November 1, 2023, the U.S. Food and Drug Administration (FDA) published a proposed rule to amend Prior Notice requirements for imported human and animal food.

The U.S. Courts of Appeal for the Second and Ninth Circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss cases over labeling claims where no reasonable consumer could plausibly be misled.

Perkins Coie is pleased to publish its Q3 Food and CPG Legal Trends Report.

The U.S. Environmental Protection Agency published a final reporting rule under the Toxic Substances Control Act on October 11, 2023, which requires manufacturers of per- and polyfluoroalkyl substances and PFAS-containing products to report information on PFAS dating back to 2011.

In the beauty, cosmetics, and personal care world, companies are preparing to comply with upcoming Modernization of Cosmetics Regulation Act provisions of the Federal Food, Drug and Cosmetic Act, which is going into effect on December 29, 2023.

Hosted by Perkins Coie Consumer Products and Service litigators David Biderman and Jasmine Wetherell, each episode features a conversation with noted professionals about achieving success in disputes and negotiations. The discussions are not limited to the legal realm, as success demands incorporating teachings from a breadth of perspectives. 

On September 26, 2023, the U.S. Food & Drug Administration added two new chapters to the agency’s draft guidance: Chapter 11: Food Allergen Program and Chapter 16: Acidified Foods.

Jeffrey Hunter and Kaela Shiigi's update as part of the Summer Sustainability Series was republished by Westlaw Today. The article outlines the current extended producer responsibility packaging laws in the United States, highlights proposed litigation, and identifies key compliance responsibilities for which products manufacturers should prepare.

Extended producer responsibility (EPR) laws impose liability on producers for the lifecycle of their products. Many U.S. states already impose requirements on producers of e-waste and batteries, but the latest spate of EPR laws has focused on packaging materials, paper and plastic products, and food service ware.

Perkins Coie is pleased to announce the launch of our first midyear Food and Consumer Packaged Goods (CPG) Legal Trends Report.

The U.S. Food and Drug Administration (FDA) issued guidance on August 7, 2023, clarifying new requirements for cosmetic facility registrations and product listings under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).

In June 2023, the U.S. Department of Agriculture Food Safety and Inspection Service (USDA-FSIS) issued new Directives and a Notice regarding the regulation of cell cultured food products derived from cell lines of USDA-amenable species.

On July 12, 2023, the U.S. Food and Drug Administration released a public inventory of certain food ingredients that the agency has determined are unsafe because they are unapproved food additives that are not Generally Recognized as Safe when used as intended. Concurrently, FDA also released lists of select chemicals in the food supply—including food ingredients, food contact substances, and contaminants under agency review.

Cell-cultured meat and poultry products have crossed an important milestone on their way to the market. The U.S. Department of Agriculture’s Food Safety and Inspection Service has issued new directives designed to implement the 2019 Formal Agreement between USDA-FSIS and FDA regulating cell-cultured meat.

Governor Jay Inslee signed Washington state’s Toxic-Free Cosmetic Act into law on May 15, 2023. The Act sets stringent standards for companies operating within the state, aiming to eliminate the use of toxic ingredients in cosmetics and personal care products.

Two recent developments at the federal level are intended to encourage more food donations. First, President Biden signed the Food Donation Improvement Act, which expands Good Samaritan liability protections. Second, the U.S. Food and Drug Administration announced its 2022 Food Code.

Perkins Coie is pleased to announce the launch of our seventh annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2022 report are infographics that highlight key litigation outcomes, filing data, and industry trends.

The U.S. Department of Agriculture announced that it has issued a new final rule entitled Strengthening Organic Enforcement. This Update discusses the new regulation and its implications for enforcement. 

In the absence of comprehensive federal legislation, states have started to regulate per- and polyfluoroalkyl substances in food packaging. This Update provides an overview of the current regulatory landscape.

The U.S. Food and Drug Administration recently updated its FDA Food Code, requiring new obligations for disclosing major food allergens.

Buried within the thousands of pages of the Consolidated Appropriations Act of 2023 is the most significant statutory expansion over cosmetics to the U.S. Food and Drug Administration’s authority since 1938. Among the spending bill’s many provisions is the Modernization of Cosmetics Regulation Act of 2022, which will have lasting effects on the cosmetics industry. Among other measures, MOCRA will provide FDA authority to conduct mandatory cosmetics recalls, create adverse event reporting and recordkeeping requirements, and establish good manufacturing practices.

The U.S. Food and Drug Administration published a final rule creating additional recordkeeping requirements for foods listed on the Food Traceability List.

The U.S. Food and Drug Administration has approved the use of titanium dioxide as a color additive in food, drugs, and cosmetics, including drugs and cosmetics intended for use around the eyes. Despite TiO2’s green light from the FDA, consumers nevertheless have begun bringing putative class actions challenging the presence of the compound in consumer products, alleging that its presence makes the products unsafe.

The PFAS Strategic Roadmap was released in 2021 by the United States Environmental Protection Agency (EPA) and outlines the various approaches that the EPA will use to address per- and polyfluoroalkyl substances (PFAS).

Perkins Coie is pleased to present the third edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.

Perkins Coie is pleased to announce the launch of our sixth annual Food Litigation Year in Review. In recognition of the firm’s practice expansion, this year-in-review report has been broadened to the Food & Consumer Packaged Goods Litigation Year in Review.

Brian Sylvester contributed to and edited a first-of-its-kind peer reviewed white paper on food safety considerations for a novel alternative protein product, from a regulator lens, the sole law firm team to do so in a sea of food industry scientists and start-ups.

In this issue of the Perkins Coie Summer Sustainability Series, we discuss how regenerative agriculture practices affect the farming and food distribution industries, as well as some of the novel legal issues that may arise.

Offers attorneys of all stripes an introduction to how different areas of law and legal practice intersect with food. Ranging from intellectual property to food policy and food regulation, this guide aims to whet the appetite for individuals looking to engage with the unique needs of clients in the food and beverage industry.

The Modern Agriculture Foundation is Israel's leading non-profit organization, working to promote the fields of Alternative Protein research, entrepreneurship, and commercial scale manufacturing.

On April 23, President Joe Biden signed into law the Food Allergy Safety, Treatment, Education and Research, or FASTER, Act, S. 578, making sesame the ninth major food allergen under the Federal Food, Drug and Cosmetic Act.

Recent SBA guidance and a sample application form suggest that the SBA will soon open its system for Restaurant Revitalization Fund grants. This would provide welcome relief for restaurants and other businesses that have been hard-hit by the COVID-19 pandemic and provide sources of funding for amounts they owe to landlords, suppliers, and others. The SBA guidance and sample application form clarify certain aspects of the grant application process but leaves other questions unanswered, including the question of when funding will actually be available.

Families in New York are still struggling to secure adequate food during the pandemic. The unemployment rate statewide this February was 8.9%, more than double the rate a year ago.

As the economic consequences of the COVID-19 pandemic continue to reverberate across the country, the U.S. Department of Agriculture has taken steps to expand food stamp eligibility for those most at risk of hunger. 

On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect the warning requirements for products that cause exposure to cannabis smoke and/or delta-9-tetrahydrocannabinol (THC).

Meat grown outside an animal is no longer simply science fiction, and the market is poised for introduction of a variety of so-called cell-based meat products.

Policyholders with COVID-19 insurance claims may not be aware that insurance policies limit  the time they have to bring a lawsuit against their insurance company.

On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use short-form Proposition 65 warnings.

Perkins Coie is pleased to present the second edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.

In a global first, in recent days, Singapore greenlighted the marketing of a cell-based meat product for human consumption.

Proposition 65 warning requirements announced last year are set to be enforced starting January 3, 2021; if your business is selling cannabis products in California, now is the time to ensure that your labeling complies with state requirements. 

The global pandemic related to the novel coronavirus has altered daily life for food producers and consumers. These changes have affected not only how individuals work but also the way producers supply food, how consumers shop, and how regulators approach the food system during the pandemic. Months into the public health emergency, the story is still being written.

On July 15, 2020, a California state court made an important ruling upholding the validity and application of regulations exempting coffee from Proposition 65 warnings.

Brands continue to build their sustainability and environmental marketing programs in response to consumer demand.  

The U.S. Food and Drug Administration (FDA) submitted a report to Congress on July 8, 2020, providing an analysis of the cannabidiol (CBD) marketplace.

In the wake of the COVID-19 crisis, food production and meatpacking plants have been the subject of much discussion regarding the risk of community transmission of the virus. Coronavirus infections and deaths among those who work in the industry have spurred a slew of lawsuits against employers.

As Washington businesses continue to operate under Governor Jay Inslee’s “Stay Home, Stay Healthy” order in the wake of the global COVID-19 pandemic, workers’ compensation may not be of primary concern.

Los Angeles Mayor Eric Garcetti issued a Worker Protection Order on April 7, 2020, which can be found here.

There are many ways that companies can cooperate with each other to combat COVID-19 without running afoul of antitrust laws. But companies considering cooperating with competitors should be aware of and assess potential antitrust risks before they do so.

Recently, the U.S. Department of Justice Antitrust Division and Federal Trade Commission issued a joint statement regarding COVID-19.

During the public health emergency brought on by the 2019 novel coronavirus (COVID-19), food processors and manufacturers must continue to be vigilant in protecting the health and safety of their workers and the foods they produce and distribute.

The federal Food and Drug Administration (FDA) just released a report to Congress regarding the agency’s progress toward comprehensive regulation of hemp-derived cannabidiol (CBD).

California’s Office of Environmental Health Hazard Assessment (OEHHA) added Δ9‑tetrahydrocannabinol, better known as “THC,” to the list of chemicals requiring specific labeling for retail sale in California. 

In 2019, the White House proposed changes to the food safety net that could drastically affect whether Americans who are at risk of hunger will go without food. Over the coming year, many of these changes will go into effect and will lead to millions of individuals losing eligibility for food assistance.

California’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020 to California’s Safe Drinking Water and Toxic Enforcement Act of 1986.

The absence of clear federal guidance regarding food and beverages that contain cannabidiol (CBD) has led to a patchwork of state-level regulatory actions across the country. Without uniform guidelines, states have adopted varying and often conflicting approaches.

Lawmakers are back at work in the nation’s capital for a new session of Congress following the holiday break, and it’s clear that the political winds in Washington, D.C., are shifting in favor of the cannabis industry.

A flurry of recent class action lawsuits against manufacturers of CBD products involving a range of claims—from marketing to stock pricing to CBD content—should put the industry on alert. Perkins Coie attorneys look at the recent spate of class actions, what the FDA is doing, and offer mitigating steps for CBD suppliers and manufacturers.

On the heels of the U.S. Food and Drug Administration’s (FDA) recent declarations regarding the safety of products containing cannabidiol (CBD), several companies have been hit with class action lawsuits alleging that the company’s CBD-containing products are mislabeled and falsely advertised in violation of state law.

On November 25, 2019, the U.S. Food and Drug Administration (FDA) took several significant actions regarding sellers of products containing cannabidiol (CBD).

Since late February 2019, the U.S. Department of Agriculture (USDA) has been promising to publish guidelines regarding hemp production.

As businesses gear up for the busy holiday shopping season and prepare product lines for the new year, manufacturers and distributors of consumer products must be ready to manage new risks that are likely to appear in the new year. 

The U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) sent a joint warning letter on Tuesday, October 22, 2019, to Rooted Apothecary, LLC, alleging that the Florida-based company has been making egregious advertising claims.

Following the recent public hearing held by the Food and Drug Administration (FDA) regarding the safety and efficacy of cannabidiol (CBD), many in the food and beverage industry asked how long it will take for the agency to establish a regulatory pathway for approval of CBD as a food additive.

Making money in the food business usually goes hand in hand with scaling production. Partnering with the right co-packer can be an effective way to add production capacity, but doing it right can be tricky. Here are three tips for food producers that will set the stage for a successful co-packing relationship.   

The Food and Drug Administration held its first public hearing on May 31, 2019 concerning products containing cannabis or cannabis-derived compounds (in particular, cannabidiol (CBD), a popular additive to food, beverages and supplements).

California’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings earlier this month.

On May 31, 2019, the Food and Drug Administration (FDA) held its first public hearing concerning products containing cannabis or cannabis-derived compounds (in particular, cannabidiol (CBD), a popular additive to food, beverages and supplements).

The legal Canadian cannabis industry is booming, and U.S. companies can benefit from the prospering cross-border industry by partnering with Canadian companies.

The USDA issued rules on December 20, 2018 requiring the disclosure of the presence of bioengineered foods and ingredients in food products, called the National Bioengineered Food Disclosure Standard.

President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law on December 20, 2018.

What is the current state of federal enforcement as to cannabis? Are there ways that companies not directly involved in the cannabis industry may still do business with companies in the industry, while minimizing potential exposure to federal criminal penalties under the CSA?

A version of this article was originally published by Bloomberg BNA White Collar Crime Report on April 18, 2018.

Design patents have long been an underutilized form of IP protection, assumed to be useless and overshadowed by utility patents. In the food and beverage industry, design patents can be a vital element of intellectual property protection.

Perkins Coie is pleased to present its second annual Food Litigation Year In Review, an overview of filings, key court decisions and regulatory developments in litigation affecting the food and beverage industry.

Perkins Coie’s Food Litigation group has published its first Food Litigation Year in Review, covering key developments and trends in food litigation for calendar year 2016.

In a game-changing event, on February 23, 2016, the U.S. Court of Appeals for the Ninth Circuit in a 2-1 decision ruled that it is a violation of federal law for an employer to use a tip-pooling arrangement that shares tips with normally non-tipped employees, such as kitchen workers or supervisors, even when the employer does not take advantage of the minimum wage “tip credit” permitted by the federal Fair Labor Standards Act (FLSA).

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

The Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as “organic.”  In a unanimous opinion, the court reversed a lower court’s ruling that the plaintiff’s claims were preempted by the federal Organic Foods Production Act (Organic Foods Act).

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

On Tuesday, November 10, 2015, the United States Food and Drug Administration (FDA) announced that it will accept public information and comment on the term “natural” in the labeling of food products, including foods that are genetically modified or contain genetically modified organisms (GMOs).

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

On November 25, 2014, the U.S. Food and Drug Administration (FDA) announced its long-awaited final rule requiring calorie information to be listed on menus and menu boards in chain restaurants and similar retail food establishments.  

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. 

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. 

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. 

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.

On October 16, 2013, new rules promulgated by the Federal Communications Commission on June 11, 2012 implementing the Telephone Consumer Protection Act of 1991 go into effect regarding the requirements for prior written consent necessary to send text/sms marketing messages.

A recent $8.1 million verdict in a trademark and trade dress infringement action is an emphatic reminder that businesses of all sizes should protect their trade dress as well as their trademarks. 

On January 4, 2013, the Food and Drug Administration (FDA) issued two long-awaited proposed rules implementing important aspects of the 2011 Food Safety Modernization Act (FSMA). These rules are intended to help prevent foodborne illnesses by ensuring stricter and more effective preventive and protective measures in key areas of the food supply chain. On January 9, 2013, the FDA issued fact sheets providing summaries, background and highlights of the proposed rules.

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David Biderman, Kristine Kruger, and Jasmine Wetherell provided a review of the past year’s key litigation outcomes, regulatory developments, and industry trends.

Dax Hansen presented "Regenerative Agriculture Crypto Acceleration Luncheon Roundtable" during the Consensus 2022 Roundtable Sessions in the Austin office.

Dax Hansen spoke about leveraging his blockchain expertise to bring transparency to the food supply chain on The Modern Acre podcast.

This premier event brings together leaders in the food and beverage industry to discuss the latest trends in consumer product litigation.

A presentation featuring a Plaintiff’s attorney’s insights into the mindset of his colleagues when they file CPG industry class action lawsuits, with a focus on particularly frivolous claims against food and beverage products. 

Perkins Coie Partner Jason Howell talks about how to optimize your marketing efforts without exposing your company to litigation.

This panel addresses best practices for in-house and outside counsel to work together to develop strategies for preventing lawsuits that implicate a company’s food and supplement products.

Charles spoke on the topic "The Changing Class Action Landscape: What are the national trends, best practices and developing claims."

Topics discussed include understanding brand value, navigating state and federal law, and the value of M&A as a finance tool in the alcohol industry.