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FTC Settles Lax Data Security Charges with Software Seller DealerBuilt
The Federal Trade Commission (FTC) entered into a proposed settlement with LightYear Dealer Technologies, LLC (aka DealerBuilt) on June 12, 2019, over allegations of lax consumer privacy protections. While no fines were levied, the order is remarkable for its detailed and extensive requirements governing the company’s future data privacy practices and the FTC’s role in overseeing implementation. The terms include specific instructions for mandatory third-party assessments of the company’s data privacy program using an assessor…
FDA Reiterates That Scientific Data and Safety Information are Required to Support a Regulation or Formal Enforcement Discretion Policy on the Use of CBD in Foods
Many businesses are already capitalizing on a surge in the popularity of cannabidiol (CBD) products and are pressuring the Food and Drug Administration (FDA) for a regulatory path to enable the lawful use of CBD in foods and dietary supplements under the Federal Food, Drug, and Cosmetic Act (FD&C Act). Industry wants FDA to create an exception by regulation to the FD&C Act prohibition that currently makes it illegal to add CBD to a…
President Trump Issues Executive Order to Streamline Regulation of Genetically Modified Food
On June 11, President Trump issued an Executive Order Modernizing the Regulatory Framework for Agricultural Biotechnology Products. The purpose of the Executive Order (EO) is to employ a science-based regulatory system that evaluates products based on human health and safety and potential benefits and risks to the environment with an ultimate goal of facilitating innovation, ensuring coordination across regulatory agencies (the United States Department of Agriculture (USDA), Food and Drug Administration (FDA), and Environmental…
E-Vapor Industry Coalition Formally Opposes CPSC Novel Interpretation of CNPPA that Immediately Requires Flow-Restricted Packaging for E-Liquids
E-Vapor Industry Coalition Formally Opposes CPSC Novel Interpretation of CNPPA that Immediately Requires Flow-Restricted Packaging for E-Liquids
5G Small Cells and RF Health Concerns
In its September 2018 small cell order, the FCC sought to speed carrier deployment of 5G wireless facilities in public rights-of-way by removing “barriers to infrastructure investment.” As we noted in an earlier entry, the order greatly restricts the ability of state and local jurisdictions to manage their own rights-of-way or to receive more than costs for carrier use of municipal property. As expected, the order was appealed by numerous localities across the country…
FDA Releases Statement on PFAS in Food and Reveals Findings from Food Sample Tests
On June 11, Acting FDA Commissioner Ned Sharpless released a statement highlighting recent agency efforts to better understand the impact of per- and polyfluoroalkyl substances (PFAS) in food and providing findings from recent tests of food samples in the United States. In presenting the initial results of the testing, which focused on foods from specific geographic areas with known environmental contamination, Sharpless affirmed that FDA “does not have any indication that these substances are a…
FDA Updates Produce Safety FAQ
On June 11, 2019, FDA updated its Frequently Asked Questions (FAQ) on FSMA to include additional questions and answers related to the Produce Safety Rule that the Agency received through the FSMA Technical Assistance Network (TAN).
The FAQ covers a wide range of topics, from defined terms (e.g., “qualified end-use” and “retail food establishment”) to training of personnel requirements, health and hygiene, agricultural water requirements, and recordkeeping. For example, the FAQ clarifies the status of…
Deadlines Set for FDA to Establish Reporting Requirements for “High-Risk” Foods
The Food Safety Modernization Act (FSMA), enacted on January 4, 2011, set deadlines for the U.S. Food and Drug Administration (FDA) to (1) designate high-risk foods for which additional recordkeeping requirements are appropriate and necessary to protect the public health; and (2) publish a notice of proposed rulemaking to establish recordkeeping requirements for facilities that manufacture, process, pack, or hold such foods. The FSMA also required FDA to publish the list of foods designated as…