Since 2004, 25 states have passed Commonsense Consumption Acts (CCAs) to shield the food industry from civil liability for claims arising from obesity-related health harms. These laws continue to b...read more

Biotechnology has evolved beyond the realm of child’s guess-and-check to a precise science, and now promises to help solve some of the globe’s most pressing challenges, including food i...read more

FDA warning letters are considered non-final agency actions and thus are not subject to judicial review under the Administrative Procedure Act (APA). The Supreme Court’s analysis in Sackett v...read more

R.J. Reynolds Tobacco Co. v. Food & Drug Admin. discussed whether the FDA’s promulgation of graphic images violated tobacco companies’ First Amendment rights. While the tobacco comp...read more

This article explores whether private regulation of food safety may fill in the gaps of statutory food reforms such as the Food Modernization Safety Act. The relatively new economic school of thoug...read more

Your Business in Court and at Federal Agencies: 2011-2012, 68 Food and Drug Law Journal, 1‑52 (2013).

Posted on March 2013 by John B. Reiss, Dawn Crowder, Brittany McCabe, Marisa DeFeo, Marta Rifin and Meghan Talbot

FDA transparency effort continued, including the Secretary’s adopting eight measures to improve access to Agency information and activities. A continuing problem was shortages of prescription...read more

Most international health-related standards are voluntary per se. However, the incorporation of international standard-making into WTO agreements like the SPS Agreement has drastically changed the ...read more

Structural Precaution: The Application of Premarket Approval Schemes in EU Food Legislation, 67 Food and Drug Law Journal, 453-473 (2012).

Posted on December 2012 by Bernd M.J. van der Meulen, Harry J. Bremmers, Jo H.M. Wijnands and Krijn J. Poppe,

Structural precaution refers to legal requirements by which food products (whether as ingredients, additives, genetically modified or innovative in some other form) are only admitted to the market ...read more

This paper explains the processes for getting greens to market, and the safety issues they pose. The analysis explains marketing by large handlers of greens compared to smaller, local and organic p...read more

Your Business in Court and at Federal Agencies: 2010-2011, 67 Food and Drug Law Journal, 243-292 (2012).

Posted on June 2012 by John B. Reiss, Dawn Crowder, Brian Simons, Igor Pleskov, Tiffany Davis and Patrick Nugent

This year the government aggressively pursued Manufacturers under the enhanced provisions of the False Claims Act (FCA), as well as under the provisions of the Food, Drug and Cosmetics Act (FDCA...read more