The Daily Intake

Legal and Regulatory updates for the food and supplement industry

As discussed in this blog two and three weeks ago, the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) have been investigating a multistate outbreak of E. coli O157:H7 illnesses that were likely linked to romaine lettuce.  On November 20, CDC advised consumers, retailers, and restaurants not to eat, sell, or serve any romaine lettuce until the source of the outbreak was better understood. On November 26, FDA announced that…
Media outlets are reporting that a Farm Bill provision removing industrial hemp (Cannabis sativa L.) from Schedule I of the Controlled Substances Act will change the FDA status of cannabidiol (CBD) in foods.  However, the relevant provisions under Subtitle G (“Hemp Production”) affect only the Drug Enforcement Administration’s (DEA’s) authority over hemp farming and allow states to exercise authority over industrial hemp production. The  2018 Farm Bill, which passed the Senate on December 11 and…
The United States Court of Appeals for the Second Circuit held that a New York district court erred in ruling that labeling Kellogg’s Cheez-It crackers as “whole grain” was not misleading, despite the fact that the snacks were primarily made from enriched white flour.  Thus, the Second Circuit vacated the decision and remanded the case for further proceedings. In 2016, Kristen Mantikas and two co-plaintiffs filed a lawsuit against Cheez-It manufacturer Kellogg Co., alleging the…
As previously posted on this blog on November 30, 2017, the U.S. Department of Agriculture (USDA) announced temporary exemptions to some of the rigid nutrition standards for school meals established by the Healthy, Hunger-Free Kids Act in 2010 and published an interim final rule, titled the “School Meal Flexibility Rule,” that would make some of those changes permanent. USDA announced that it will publish a final rule in the Federal Register tomorrow, December 12, that…
As reported here, Missouri and twelve other states asked the U.S. Supreme Court on December 4, 2018 to hear their challenge to provisions of the California Prevention of Farm Animal Cruelty Act that require any eggs sold in the state to come from hens that have space to stretch out in their cages. The plaintiffs allege that California’s egg law violates the U.S. Constitution’s Commerce Clause and is preempted by the Egg Products Inspection…
The United States Department of Agriculture (USDA) Food Safety Inspection Service (FSIS) today issued a final rule establishing January 1, 2022 “as the uniform compliance date for new meat and poultry product labeling regulations that will be issued between January 1, 2019, and December 31, 2020.”  Any rules published during this two year timeframe will specify the January 1, 2022 compliance date and “products introduced into commerce on or after January 1, 2022” will need…
After years of delay, New York City’s ban on single use expanded polystyrene (EPS) will go into effect on January 1, 2019.  EPS is defined in the rule as “blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).”  Rigid…
On December 3, FDA issued an alert to pet owners and veterinary professionals about the recalls of several dry dog foods with potentially toxic levels of Vitamin D. Thus far, FDA believes the affected dog food has been produced by one contract manufacturer who makes dry dog food for several national brands. However, the name of the contract manufacturer has not yet been released. In order to ensure all affected dry dog food brands are…
The U.S. Food and Drug Administration (FDA) announced the availability of an online educational and training module that explains the types of establishments and foods that are covered by the menu labeling regulations. The Agency also recently published two fact sheets for industry on menu labeling and declaring calories. By way of background, FDA issued a final rule on Nutritional Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments on Dec.…
The European Food Safety Authority’s (EFSA) Panel on Contaminants in the Food Chain (CONTAM) has opened a public consultation into a draft opinion on the health risks of cyanogenic glycosides in foods other than raw apricot kernels. Cyanogenic glycosides contain chemically bound cyanide and are present in foods such as apricot kernels, almonds, linseed, or cassava. When the plant cells are damaged, by for example grinding or chewing, cyanogenic glycosides and their degrading enzymes are…