Word on the street is that a big law went into effect last Tuesday.  President Obama’s healthcare law, you say?  Okay, fine, that answer is technically correct, but it’s not the only landmark legislation that took effect.  Moreover, the law we’re referencing did not trigger a massive government shutdown (much to the chagrin of various cosmetic and OTC drug manufacturers). California’s groundbreaking Safer Consumer Products (“Green Chemistry”) Regulations officially became effective October 1, 2013.   As…

On August 13th, the Food and Drug Administration (FDA) released a second version of its draft guidance on medical foods.  The draft guidance, “Frequently Asked Questions About Medical Foods; Second Edition,” amends and expands upon the original draft guidance published in 2007 by incorporating 15 new questions and answers. Specifically, the FDA addresses medical food labeling, physician supervision, and the scope of permissible diseases or conditions that medical foods may be labeled or…

On April 2, 2013, USDA released Draft Guidance here, here, and here addressing an issue that has plagued the National Organic Standards Board (NOSB”) for years: how to determine whether a substance is agricultural or non-agricultural and synthetic or non-synthetic. These determinations are paramount when considering whether a substance may be used in “organic” or “made with organic…” processed foods, as only specifically listed natural or synthetic nonagricultural substances that are included in the…

A ban on sugary drinks in NYC that was set to take effect today was put on hold by Justice Milton A. Tingling Jr. of State Supreme Court in Manhattan yesterday. The much discussed and debated law would have put a 16-ounce cap on sweetened bottled drinks and fountain beverages sold at city restaurants, delis, movie theaters, sports venues and street carts. The size limit applies to beverages that have more than 25 calories per…

This week, FDA finally published a December 2012 warning letter on its website, showcasing its first-ever enforcement action based on a company’s social media activity.  In the letter, FDA interprets a dietary supplement company “liking” a consumer testimonial posted to its Facebook website as an implied endorsement of the underlying claim content. The offending post, FDA observed, made an impermissible drug claim by implying that the company’s product was intended for use in the diagnosis,…