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Proposed Federal Bill Would Prevent States, FDA, And Anyone Else From Informing Consumers Whether Food Is Bioengineered

  By Eric Awerbuch In April, 2014, five members of Congress introduced a bill, H.R. 4432 (hereinafter “the Bill”) seeking to regulate, among other things, the labeling of bio-engineered food products.[i]  The Bill, also known as the “Safe and Accurate Food Labeling Act of 2014,” is remarkable in that it:  1) prohibits the States from […]

Attorney Peter Arhangelsky Comments on Upcoming POM v. Coke Decision

In a recent article appearing in Foodnavigator-USA.com, Emord & Associates’ principal Peter A. Arhangelsky predicts that a broad decision from the Supreme Court this year could limit food and dietary supplement manufacturers’ exposure to consumer suits in plaintiff-friendly states like California.  To get there, however, the Court must hold that the FDA is the exclusive […]

Congressman Pompeo Introduces Bill to Block State GMO Labeling Laws

Representative Mike Pompeo (R-KS) introduced legislation last Wednesday that would preempt state laws that require mandatory labeling of genetically modified foods.  Currently, Maine and Connecticut have passed GMO labeling laws that are contingent upon other states approving such laws, but many other states are considering enacting GMO labeling laws. Pompeo’s bill, named the Safe and […]

FDA’s Expansion of IND Regulations Impose Yet Another Major Regulatory Hurdle for Medical Food Companies

On September 10, 2013, FDA published a new guidance document restricting the scope of research permitted for dietary supplements and medical foods without first submitting an Investigational New Drug application (“IND”).  The document titled, “Guidance for Clinical Investigators, Sponsors, and IRBs:  Investigational New Drug Applications (INDs) – Determining Whether Human Research Studies Can Be Conducted […]

FDA Proposes Rules Concerning Foreign Supplier Verification Programs (FSVP) Under the Food Safety Modernization Act (FSMA)

In July the FDA proposed two rules under the Food Safety Modernization Act (FSMA).  One rule concerns Foreign Supplier Verification Programs (FSVP).  The other concerns Accreditation of Third Party Auditors.  Under the FSVP rule, FDA plans to have importers verify that their suppliers meet the same U.S. safety standards required of domestic food producers.  The […]


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