Food Labeling

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On May 22, 2020, the U.S. Food and Drug Administration (FDA) announced two policies to provide temporary flexibility with respect to packaged foods formulation and labeling requirements during the COVID-19 pandemic. The agency’s guidance document is entitled “Temporary Policy Regarding Certain Labeling Requirements During the COVID-19 Public Health Emergency: Minor Formulation Changes and Vending Machines” …

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) announced it will temporarily exercise enforcement discretion for country of origin labeling (COOL) or method of production requirements to facilitate the redistribution of food products intended for foodservice to be sold in retail establishments. The temporary policy will take effect April 20, 2020 and will…

Today, FDA issued a new guidance document that provides retailers with some flexibility from labeling requirements for shell eggs in order to facilitate the distribution of eggs during the COVID-19 pandemic. This guidance provides a basis for retail food establishments to sell unlabeled cartons or flats of shell eggs during the public health emergency if…

This post summarizes recent actions the U.S. Food and Drug Administration (FDA) has taken in response to the COVID-19 outbreak. First, FDA has issued a temporary policy to provide flexibility to chain restaurants and similar retail food establishments currently required to provide nutrition information on menus and menu boards. In light of the need for…

In response to two petitions, the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced that intends to conduct rulemaking to change its policy toward “Product of USA” claims for meat and poultry products, with an apparent objective of limiting the scope of products eligible for the claim.

Recently, FSIS announced…

This post summarizes recent actions the federal government has taken in response to the COVID-19 outbreak. First, the Department of Homeland Security’s (DHS’s) Cybersecurity & Infrastructure Security Agency (CISA) has updated its guidance identifying the types of food and agriculture sector workers who the agency suggests should be exempt from state and local shelter in…

The U.S. Food and Drug Administration (FDA) announced yesterday two policies to provide flexibility with respect to nutrition labeling requirements during the COVID-19 pandemic. First, the agency committed to work cooperatively with all manufacturers for the remainder of the year regarding the use of updated Nutrition and Supplement Facts labels and will not focus on…

A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers who participate but decline to be bound by an NAD Decision can expect to be referred to the Federal Trade Commission (FTC). The NAD recently announced that it referred advertising claims made by dietary supplement…

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a revised compliance guideline for substantiating animal raising claims on labels for meat and poultry products. This updated guideline expands and, in some cases, modifies FSIS’s written policies on animal raising claims made on meat and poultry products. The guideline addresses…