Recent FDA Developments Handbook

I authored “Recent Developments in Food and Drug Law, 2012 Edition” which was just published by Thomas Reuters.  It is part of a series called “Inside the Minds” written by attorney thought-leaders in food and drug law from the top law firms across the United States.  It analyzes the latest food and drug laws, regulations and policies that affect food and drug companies.  It also focuses on violations by persons and companies, and how to successfully defend any investigation by the U.S. Food and Drug Administration (FDA) without having to go to court.

The full title  of the 408 page publication is “Recent Developments in Food and Drug Law, 2012 Ed.: Leading Lawyers on Dealing with Increased Enforcement, Keeping Up-To-Date with FDA Requirements, and Developing Compliance Practices”.  The book is written for C-level executives to learn the very latest trends about food and drug law enforcement and compliance requirements by the FDA.    According to the press release

This Aspatore legal title provides an authoritative, insider’s perspective on complying with FDA regulations and staying up-to-date on the latest trends in food and drug law.

The Food Safety Modernization Act (FSMA) gave the FDA recall authority, so companies must know how and when to do a voluntary recall and when a product is safe and effective or, alternatively, defective.  The book will precisely explain the labeling requirements acceptable to the FDA and when the statements about the use of a product may be false and misleading so that the product is considered to […]

By |2015-12-01T06:49:05-05:00January 22, 2012|FDA Issues, Food|0 Comments

How to Comply with International Inconsistencies in FDA Cosmetic Labeling Requirements

The U.S. Food and Drug Administration (“FDA”) has strict labeling requirements for cosmetic products.  One area that consistently causes confusion among companies that distribute cosmetic products to countries on different continents is the area of labeling. Different products have different labeling requirements depending on the application of the product, the type of ingredient being labeled, the size of the product, and the country to which the product will be shipped. For example, the rules regarding how to describe color additives for products entering the U.S. are different than those for Canada and Europe.

Fortunately, it is possible to comply with the labeling requirements for the U.S. as well as Canada and Europe using only one label. In fact, it can even be accomplished with a product bearing a label as small as that of mascara. Accomplishing this is greatly beneficial to these companies because they can take advantage of economies of scale and taper production costs by merely having one label printed to be distributed to several countries.  However, this is a delicate maneuver that, if not done properly, will likely result in seizure and detention by the FDA or a foreign country’s equivalent agency. This will cause delays in the shipments, and may cause civil penalties and forfeiture of the products.

To avoid this common mistake and take advantage of the fact that one label may be used throughout the U.S., Canada, and Europe, you should contact an attorney well versed in the FDA regulations. Taking this precautionary measure is an […]

By |2022-07-06T13:32:16-04:00October 11, 2011|Cosmetics, FDA Issues, Import|0 Comments

Food Import Workshop in Miami on September 7

The annual seminar “Practical Tools for Trade in the Food Industry” takes place at the Miami Seaport on September 7, 2011 from 8:30 a.m. to 12:30 p.m.  Sponsored by the Miami-Dade County Office of Economic Development & International Trade, and supported by the Port of Miami, this year we will again focus on what importers need to know about both U.S. Customs and Border Protection and U.S. Food and Drug Administration requirements.  There will  be special emphasis on the new Food Safety Modernization Act of 2011.

The seminar takes place at the beautiful Port of Miami Conference Room, 1015 N. America Way, Miami.  Registration may be done on-line.   Questions regarding REGISTRATION may be directed to Adam Peters, Trade Development Specialist at (305) 375-5420 or apeters@miamidade.gov.  Question regarding content of the seminar may be directed to Jennifer Diaz, Senior Attorney, Customs and International Trade Department, Becker & Poliakoff law firm (305) 260-1053.

By |2015-12-01T06:42:10-05:00August 17, 2011|FDA Issues, Food, Import|0 Comments

Reconditioning Imported Food Refused by the FDA

The U.S. Food and Drug Administration is increasingly stopping and examining imported shipments of food attempting to enter the United States.  Often, the FDA does not allow the food to enter the United States by declaring it to be misbranded or adulterated by filth or decomposition.  Virtually always, refused food is then either destroyed or exported from the United States. There is a little known, but valuable, option called “reconditioning”.

Once reconditioned, food that was originally rejected by the FDA may legally enter the commerce of the United States.  How, when, and why to recondition food is the subject of a webinar on May 25, 2011, sponsored by the Journal of Commerce.

John Verbeten is the Director of Operations and Policy Branch, Division of Import Operations and Policy, at FDA Headquarters.  The discussion will cover detention without physical examination (DWPE), the Food Safety Modernization Act, the FDA Regulatory Procedures Manual, and the practical use of FDA Form 766.

Registration for the webinar is done on-line at the Journal of Commerce website.

Separately, a seminar for importers, customs brokers, and other persons involved in international trade is taking place in Tampa, Florida, on June 1, 2011. This will be a practical “how to” regarding the Food Safety Modernization Act of 2011, FDA’s Detention Without Physical Examination (DWPE) and Notice of Refusal procedures, FDA Import Alerts, and U.S. Customs and Border Protection issuance of Liquidated Damages for failure to redelivery FDA refused merchandise.

By |2015-12-28T14:20:49-05:00August 13, 2011|FDA Issues, Food|0 Comments

Gluten Free Labeling is Coming – But, First, FDA Wants to Hear From YOU!!!!

Imagine a world where a manufacturer’s claims that their products are “gluten free” could be trusted by U.S. consumers.  Imagine a world where U.S. consumers were promised a definition of “gluten free” by the U.S. Food and Drug Administration (FDA), and the FDA held all manufacturers and importers to the same stringent standard….
Good news, we’re getting close!!
As of August 2, 2011, FDA has re-opened the comment period so that they can hear from YOU.  Yes, YOU!  FDA wants to hear from Celiacs, gluten sensitive consumers, et al. in the U.S.  Why, you ask?  Well, the FDA is firming up their definition of “gluten free”; and wants to know that the gluten free community is satisfied with the FDA’s finalized definition.  So, let’s make sure we tell the FDA what’s important to us.  FDA has proposed a definition of “gluten free” in order for the term to be used on labeling of food products.
FDA’s proposed rule defines “gluten free” as products that do not contain:
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