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Class Action Defense Pick-Off Strategy Shot Down by SCOTUS

February 5, 2016 | Blog | By Lyzzette Bullock

Our colleagues Michael Arnold and Gauri Punjabi recently discussed the U.S. Supreme Court’s rejection of the Federal Rule 68 "pick off" strategy on Mintz Levin’s Employment Matters Blog.
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FDA Places Ban on Import of GE Salmon

February 4, 2016 | Blog | By Katherine Fox

Reversing course from the end of 2015, FDA recently announced an import ban on genetically engineered (GE) salmon until such a time as comprehensive labeling guidelines are introduced.
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Back in September we blogged about the Warning Letter that FDA issued to Hampton Creek Foods, Inc. for its vegan food dressing and sandwich spread, “Just Mayo” and a similar product, “Just Mayo Sriracha.” 
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On Tuesday, the Senate Health, Education, Labor, and Pensions (HELP) Committee unanimously approved the President's nomination of Dr. Robert Califf as the next commissioner of food and drugs.
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Last year, we wrote about a growing trend of local jurisdictions regulating children’s products, primarily toys and apparel. One such jurisdiction, Albany County, NY, enacted a far-reaching ordinance, “Local Law J of 2014,” that prohibited the sale of children’s products containing seven chemicals of “high concern” (see previous blog post here).
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Has your business experienced difficulty identifying on the CPSC’s website which product safety regulations are potentially applicable to your products?
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The first round goes to the industry: on December 9, 2015, the Central District of California dismissed the complaint in Barber v. Nestle USA, a key bellwether case in a new wave of class action litigation related to California’s Transparency in Supply Chains Act.
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The $1.1 trillion 2016 omnibus spending bill passed by Congress and signed into law by President Obama last week includes many legislative provisions, often called policy “riders,” that  will affect a wide array of issues ranging from repealing food labeling laws to allowing children to sled on Capitol Hill.
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The 2016 Omnibus Spending Bill recently passed by both houses of Congress ushers in important developments in the food safety, labeling, and nutrition spaces.  Following House and Senate votes December 18, it now goes to President Obama for his signature.
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Over recent weeks, national media outlets have reported extensively on multiple claims from consumers that hoverboards—self-balancing scooters growing immensely in popularity, particularly over the holiday period—have caught fire.  Much of the focus of these claims has been related to the overheating of the hoverboards’ lithium ion batteries.
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On December 2, 2015, the Grocery Manufacturers Association announced SmartLabel, a pioneering technology initiative that gives manufacturers and retailers an important new channel for disclosing information about their products directly to consumers.
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Settlement Looms for "Made in USA" Jeans Suit

December 9, 2015 | Blog | By Daniel Herling

A courtroom battle concerning a manufacturer’s alleged false marketing of allegedly foreign-produced products as “Made in USA” is potentially nearing a resolution. 
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The Continuing Conundrum of the California Food Fight

December 7, 2015 | Blog | By Mina Nasseri

We have blogged regularly about the plethora of litigation, largely centered in California, focused on the labeling of food, beverage, cosmetics, and consumer goods. Nationwide, consumers are demanding more information from manufacturers and retailers of these goods, and companies in the relevant industries seem ready, willing, and able to provide that information.
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Over the past few months, numerous national media outlets have published stories about the potential health risks of a material commonly used on playground surfaces—crumb rubber.  Crumb rubber is a granule material typically made from recycled scrap tires that is used to provide a soft play surface for playgrounds (and infill for artificial turf fields). 
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Last week will undoubtedly be marked in the annals of Food and Drug Administration history as an important milestone for the Agency.
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Three More FSMA Rules Finalized As the Year Comes to a Close

November 16, 2015 | Blog | By Joanne Hawana

Although not quite meeting the deadline of October 31 established in a legal settlement last year, FDA has released a set of three more “foundational” Final Rules mandated by the Food Safety Modernization Act (FSMA or the Act).
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Passed in 2010, the California Transparency in Supply Chains Act has a worthy aim: requiring retailers and manufacturers doing big business in California to disclose what measures, if any, they are taking to ensure their suppliers comply with human rights standards.
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FDA Requests Input on Use of the Term “Natural” for Foods

November 11, 2015 | Blog | By Joanne Hawana

On November 12, 2015, FDA is scheduled to publish a notice in the Federal Register announcing a request for public comments on the use of the term “natural” in food labeling.
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FDA to Host First Public Meeting on Biotech Regulation Overhaul

October 15, 2015 | Blog | By Joanne Hawana

Today the Food and Drug Administration (FDA) posted notice of a public meeting to be held on Friday October 30th, in order to clarify the current roles and responsibilities described in the Coordinated Framework for the Regulation of Biotechnology and to develop a long-term strategy for the regulation of the products of biotechnology.
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Earlier this week, the U.S. Department of Justice (“DOJ”)—at the behest of the CPSC—filed suit in California federal court against two companies and three individuals for importing products that violate the Federal Hazardous Substances Act (“FHSA”) and Consumer Product Safety Act (“CPSA”).
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