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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

FDA ENFORCEMENT

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Recalls Revisited

Posted on June 9, 2016

HHS OIG issues early alert criticizing FDA’s food recall procedures.

  • Under the FDA Food Safety Modernization Act (FSMA), FDA now has mandatory recall authority over conventional foods.  However, FDA has

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Continue Reading Recalls Revisited

Supplement Stimulant Spotlight

Posted on April 8, 2016

FDA warns companies marketing dietary supplements that contain methylsynephrine.

  • As previously covered on this blog, FDA has the authority to take enforcement action against unlawfully marketed and/or dangerous dietary ingredients

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Continue Reading Supplement Stimulant Spotlight

Roos Blues

Posted on January 25, 2016

Roos Foods pleads guilty to FD&C Act violation in connection with 2014 Listeria outbreak.

  • Thanks to the FDA Food Safety Modernization Act (FSMA), FDA now has the authority to suspend

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Continue Reading Roos Blues

Kratom Crackdown

Posted on January 8, 2016

FDA announces seizure of dietary supplements containing kratom.

  • FDA has many tools in its arsenal to protect the public from adulterated, misbranded, and/or dangerous food and dietary supplement products; these

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Continue Reading Kratom Crackdown

Cigarette Break

Posted on September 16, 2015

FDA issues order to stop further sale and distribution of four cigarette products.

  • As highlighted recently on this blog, FDA has the authority to regulate various tobacco products (cigarettes,

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Continue Reading Cigarette Break

Cough Up the Caffeine

Posted on September 2, 2015

FDA issues Warning Letters to five distributors of powdered caffeine alleging safety risks inherent to product use.

  • FDA regulates the marketing of dietary supplements.  Under Section 402(f)(1)(A)(i) of the Federal

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Continue Reading Cough Up the Caffeine

FDA Burns Tobacco

Posted on August 28, 2015

FDA issues Warning Letters to three tobacco manufacturers regarding “additive-free” and “natural” claims.

  • FDA has the authority to regulate various tobacco products (cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco)

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Continue Reading FDA Burns Tobacco

Understanding Untitled Letters

Posted on August 27, 2015

FDA responds to Congressional inquiry regarding the Agency’s policies on Untitled Letters.

  • As previously covered on this blog, the U.S. House Committee on Energy and Commerce requested information from

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Untitled

Posted on June 5, 2015

Congress questions FDA policy regarding the publication of Untitled Letters.

  • FDA has the authority to issue two types of letters to regulated entities:  Warning Letters and Untitled Letters.  FDA issues

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The Cost of an Outbreak

Posted on May 21, 2015

ConAgra to pay $11.2 million in connection with Salmonella outbreak.

  • In 2006-2007, Peter Pan peanut butter produced by ConAgra Foods, Inc. was recalled in connection with a nationwide Salmonella Tennessee

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Continue Reading The Cost of an Outbreak

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Recent Updates

  • Senator Reintroduces Dietary Supplement Legislation
  • Lawsuit Brought Against Kratom (Derivative) Products; FDA Suggests Relaxed Enforcement Against Kratom Products  
  • Protein Shake Maker Sued over Cadmium Contamination
  • FDA Releases Human Foods Program 2026 Priority Deliverables
  • US Grocers Request Extended Compliance Window for New SNAP Restrictions

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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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