Jill Mahoney

Latest Articles

A class action lawsuit filed by Lenora Rice in Cook County, Illinois alleges that LaCroix manufacturer, National Beverage Corp, falsely markets its popular flavored sparkling water as “all natural.” The complaint states that LaCroix sparkling waters are “manufactured using non-natural flavorings and synthetic compounds,” but are labeled as “all natural” and “always 100% natural.” Specifically, LaCroix is alleged to contain ethyl butanoate, limonene, linalool, and linalool propionate.  According to FoodNavigator  the substances named in the …
A citizen petition filed on September 24, 2018 by the Information Technology & Innovation Foundation (ITIF) asked FDA to prohibit “non-GMO” food labeling claims, including the Non-GMO Project butterfly logo and label. ITIF argues in the petition that such claims mislead and deceive consumers about foods, food ingredients, and their characteristics related to health and safety. Thus, ITIF states that use of “non-GMO” claims constitute misbranding under the Federal Food, Drug, and Cosmetic Act. ITIF…
California Governor Jerry Brown signed a bill into law on September 18, 2018 which will allow Californians to sell food they make themselves, a practice that was previously outlawed due to health concerns.  Assembly Bill 626, also known as the Homemade Food Operations Act, amends California’s Health and Safety Code to establish strict guidelines for “microenterprise home kitchen operations” (MHKs) and goes into effect on January 1, 2019. The legislation limits MHKs to $50,000…
In a press announcement released on September 11, 2018, FDA Commissioner Scott Gottlieb, M.D., emphasized the Agency’s continuing concerns about kratom products. Our readers may remember our previous posts about kratom, also known as Mitragyna speciosa, which is a plant that grows naturally in Thailand, Malaysia, Indonesia, and Papua New Guinea. According to FDA, there is evidence that certain substances found in kratom are opioids and out of concern for the public health, FDA has…
The Food Safety Modernization Act (FSMA) established the Accredited Third-Party Certification Program, which is a voluntary program that allows “accreditation bodies” to apply for recognition by FDA. Recognized accreditation bodies have the authority to accredit third-party “certification bodies,” otherwise known as third-party auditors. In turn, the certification bodies (1) conduct consultative and/or regulatory food safety audits and (2) issue certifications to eligible entities that produce food for humans and animals. As previously mentioned on this…
In another effort to limit consumption of sugary drinks, California passed Senate Bill 1192, the nation’s first statewide kids’ meal bill. The bill requires that water, sparkling water, flavored water, unflavored milk, or a nondairy milk alternative are the default beverage in kids’ meals, instead of soda or other sugar sweetened beverages. The bill does not prohibit the sale of other drinks (e.g., soda), but only requires that the default beverage offered with the…
On August 17, 2018, a California federal judge certified three classes of consumers who allege that Kellogg falsely advertises its Raisin Bran, Frosted Mini-Wheats, and Smart Start cereals as healthy. The 51-page order granting the motion for class certification found claims that Kellogg misled consumers about the sugar contents of its cereals can be resolved on a class-wide basis. However, the judge refused to certify a similar class of consumers who bought Nutri-Grain breakfast bars…
On August 14, 2018, FDA released a constituent update regarding the upcoming compliance dates for the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals final rule under the Food Safety Modernization Act (FSMA). By September 17, 2018, both large and small animal food facilities must comply with preventive controls requirements mandated by FSMA. Large businesses are those with 500 or more full-time equivalent employees, and small businesses are those…
On July 31 and August 1, 2018, the U.S. Food and Drug Administration (FDA) participated in a meeting of the Leafy Greens Food Safety Task Force that was formed in response to the outbreak of E. coli O157:H7 associated with romaine lettuce from Yuma, Arizona that occurred earlier this year. During the meeting, FDA shared preliminary hypotheses about possible outbreak causes and the actions necessary to prevent a future occurrence. FDA has previously mentioned that…
On July 26, 2018, FDA posted its first Warning Letter citing Kerry, Inc. for alleged violations of the Hazard Analysis and Risk-Based Preventive Controls (HARPC) and Current Good Manufacturing Practice (CGMPs) provisions at 21 CFR Part 117. While FDA has cited violations of the revised CGMP regulations in prior Warning Letters, this appears to be the first Warning Letter that addresses violations of the HARPC requirements. Based on the results of the inspection and analytical…