The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued an updated Labeling Guideline on Statements That Bioengineered or Genetically-Modified Ingredients or Animal Feed Were Not Used in Meat, Poultry, Or Egg Products (Guideline). The updated Guideline clarifies that FSIS will approve negative claims verified under a third-party certifying organization the same way it approves other special statements or claims and will not limit claims to those consistent with the Agricultural Marketing Service’s (AMS’s) definition of “bioengineering.” FSIS also added information about labeling for certified organic products. This memorandum provides background on the Guideline and summarizes the changes FSIS made in response to comments received after the initial Guideline was released in August 2016.

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Photo of Steve Steinborn Steve Steinborn

Partner, Washington, D.C.

Steven Steinborn literally wrote the book on food labeling as a principal author of the U.S. Department of Agriculture’s (USDA) labeling guide. On top of that, he offers clients 28 years of experience in guiding informed business decisions, taking into…

Partner, Washington, D.C.

Steven Steinborn literally wrote the book on food labeling as a principal author of the U.S. Department of Agriculture’s (USDA) labeling guide. On top of that, he offers clients 28 years of experience in guiding informed business decisions, taking into account food laws and other regulations, as well as the environment in which companies operate. Representing food processors, restaurant chains, foodservice operators, ingredient suppliers, and trade associations, Steven focuses on advertising, labeling, and food safety. He is also a strong advocate in enforcement matters brought by the Federal Trade Commission, the Food and Drug Administration, the USDA, and state regulators as well.

From small start-ups to established international brands, Steven understands the dynamics of the food industry. He brings this knowledge to bear on cutting-edge issues ranging from claim substantiation to potential food safety situations. He is also regularly consulted in bringing and defending competitor challenges, and represents companies before the Better Business Bureau’s National Advertising Division. Keenly aware of the current litigation climate, Steven works closely with marketers in exploring all avenues to reach important business objectives.

Beyond the food industry, Steven routinely advises consumer product companies on reporting and potential recall situations arising under the jurisdiction of the Consumer Product Safety Commission. His practice covers a diverse range of industries, including children’s toys, household appliances, infant products, gas grills, furnaces, consumer electronics, computers, printers, handheld devices, and child-resistant packaging.

Steven is a frequent speaker on innovation and legal compliance and has authored numerous articles on a range of subjects, from the latest developments in the regulation of genetically engineered foods to important developments that impact food advertising.

Photo of Leigh Barcham Leigh Barcham

Senior Associate, Washington, D.C.

Leigh Barcham provides business-oriented legal and policy solutions to food and agriculture companies and trade associations. She advises clients on state and federal regulatory issues that may arise throughout the entire food production line from farm to table. Leigh…

Senior Associate, Washington, D.C.

Leigh Barcham provides business-oriented legal and policy solutions to food and agriculture companies and trade associations. She advises clients on state and federal regulatory issues that may arise throughout the entire food production line from farm to table. Leigh also guides clients in consumer products industries as they navigate federal advertising laws and regulations.
When she joined Hogan Lovells, Leigh brought with her more than five years of public policy experience. A part-time student by night and a law clerk by day, Leigh worked throughout law school at a firm in Washington, D.C., focusing on legislation and federal regulation affecting the energy industry. Before law school she served as a policy analyst for international affairs and climate change at the White House Council on Environmental Quality.