Matthew S. Poliner*

Latest Articles

Marketers of consumer products, including foods, beverages, dietary supplements, OTC drugs, and cosmetics, should be evaluating their products, including product packaging, for the presence of bisphenol A (BPA) without delay. On May 12, 2016, the one-year grace period permitted by California’s Office of Environmental Health Hazard Assessment (OEHHA) ends, and companies whose products expose California consumers to BPA must provide a Proposition 65 (Prop 65) reproductive toxicity warning to those consumers. Importantly, California has not yet…
The debate over the use of trans fats has been ongoing for years.  Despite claims that trans fats are unhealthy, the Food and Drug Administration historically considered them safe for use in food.  Many of our favorite foods contain the ingredient, including Popeyes fried chicken and Betty Crocker frosting and cake mix. On June 16, 2015, FDA banned the use of partially hydrogenated oils (“PHOs”), the primary source of artificial trans fat, unless and until…
Companies doing business in California must now complete a comprehensive “survey” if selling particular products to consumers within the state.  However, this is not your typical consumer satisfaction survey, but rather a submission of detailed information for each product meeting the requirements discussed below.  The detailed submission must include include information on product formulas and unit sales, and a product label must also be submitted. Specifically, every company whose name appears on the label of a…
“How Much is that Doughnut in the Window?” America has a thoroughly documented problem of too many overweight and obese people, with consequences for them and their health, the overall health of the nation, and the cost of health care.  The premise of the requirement in the Affordable Care Act that the Food and Drug Administration (FDA) adopt regulations requiring the disclosure of calories of food purchased in certain restaurants and from vending machines is…