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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

FDA ENFORCEMENT

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FDA Announces Continued Kratom Safety Concerns and Issues Warning Letters to Kratom Marketers

Posted on September 12, 2018
  • In a press announcement released on September 11, 2018, FDA Commissioner Scott Gottlieb, M.D., emphasized the Agency’s continuing concerns about kratom products. Our readers may remember our previous posts about

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Continue Reading FDA Announces Continued Kratom Safety Concerns and Issues Warning Letters to Kratom Marketers

FDA Releases Q&A for Preventive Controls for Animal Foods

Posted on August 16, 2018
  • In light of the approaching September 17, 2018 compliance date for small animal food businesses (i.e., those with less than 500 full-time equivalent employees) to comply with Hazard

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Continue Reading FDA Releases Q&A for Preventive Controls for Animal Foods

Senators Urge FDA to Get Tough on Flavored Vaping Products

Posted on July 26, 2018
  • Fourteen senators, including Senate Minority Whip Dick Durbin (D-IL), have sent a letter to FDA criticizing the agency for what it characterizes as lax enforcement that has allowed children to

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Continue Reading Senators Urge FDA to Get Tough on Flavored Vaping Products

FDA to Issue a Guidance Document Limiting Use of Milk in Plant-Based Beverages

Posted on July 20, 2018
  • In the 2018 POLITICO Pro Summit, FDA Commissioner Scott Gottlieb signaled that FDA will begin collecting comments regarding enforcement of standard of identity for “milk”.  As noted in our

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Continue Reading FDA to Issue a Guidance Document Limiting Use of Milk in Plant-Based Beverages

FDA Warns Companies Illegally Marketing Dietary Supplements as Sunscreen

Posted on May 23, 2018
  • On May 22, 2018, FDA sent warning letters to companies illegally marketing dietary supplements that make unproven drug claims about sun protection without meeting FDA’s standards for safety and effectiveness.

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Continue Reading FDA Warns Companies Illegally Marketing Dietary Supplements as Sunscreen

FDA and FTC Take Enforcement Action on E-Liquids That Resemble Foods

Posted on May 3, 2018
  • FDA has joined the Federal Trade Commission (FTC) in issuing warning letters to 13 companies that market nicotine-containing e-liquids in packaging that has the appearance of being foods that appeal

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Continue Reading FDA and FTC Take Enforcement Action on E-Liquids That Resemble Foods

FDA Targets Highly Concentrated Caffeine in Dietary Supplements

Posted on April 17, 2018
  • As previously reported on this blog in 2015, FDA warned that it intended to “aggressively monitor the marketplace for pure powdered caffeine products and take action as appropriate.” The Agency

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Continue Reading FDA Targets Highly Concentrated Caffeine in Dietary Supplements

FDA Issues First Warning Letter Based on “Serious Violations” of Part 117 CGMP Regulations

Posted on March 30, 2018
  • On March 16, 2018, FDA issued a warning letter to Bhavani Fruits and Vegetables LLC in Maspeth, New York for “serious violations” of Current Good Manufacturing Practice (CGMP) requirements under

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Continue Reading FDA Issues First Warning Letter Based on “Serious Violations” of Part 117 CGMP Regulations

FDA oversees destruction and recall of kratom products

Posted on February 22, 2018
  • On February 21, FDA issued a press release announcing the voluntary destruction and recall of a large volume of kratom-containing dietary supplements manufactured and distributed nationwide under the brand names

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Continue Reading FDA oversees destruction and recall of kratom products

E-Commerce Enforcement

Posted on June 13, 2016

FDA takes significant action to stop illegal drug sales online.

  • FDA has broad regulatory authority over the marketing of food, drugs, medical devices, and cosmetics in the U.S.  Although many

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Continue Reading E-Commerce Enforcement

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Recent Updates

  • Senator Reintroduces Dietary Supplement Legislation
  • Lawsuit Brought Against Kratom (Derivative) Products; FDA Suggests Relaxed Enforcement Against Kratom Products  
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Keller and Heckman, founded in 1962, has a broad practice in the areas of regulatory law, public policy, and litigation, serving both domestic and international clients. Our firm is a pioneer in the use of interdisciplinary approaches to problem-solving. Since 1971, we have had an in-house scientific staff that works closely with the firm’s attorneys on matters of technical complexity. Many of our attorneys also have government experience and expertise in multiple areas of the law.

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