Author - Annie Amann

1
Does your Marketplace need to be “INFORM-ed” by June 27th?
2
K&L Gates’ Verticals Predictions for 2023: Top Trends, Opportunities and Pitfalls
3
Breakthrough FDA Decision: Agency Completes Its First Pre-Market Consultation for Human Food Made From Cultured Animal Cells
4
FTC and NLRB Enter into an Information Sharing Agreement as a Likely Precursor to New Enforcement Activity
5
FDA Proposes Updates to Regulatory Definition of “Healthy” for the First Time Since 1994

Does your Marketplace need to be “INFORM-ed” by June 27th?

The New INFORM Consumers Act Could Significantly Impact Online Marketplace Operations

By:  John ReVeal, Judie Rinearson and Katie Staba

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act” or “Act”) (https://www.congress.gov/117/bills/s936/BILLS-117s936is.pdf ) which passed on December 29, 2022 will come into effect on June 27, 2023.  Originally intended to address increasing consumer complaints about online marketplace purchases of counterfeit or defective products from third party sellers, the Act requires both collection, verification and, in certain cases, disclosure of third party seller information to combat this perceived marketplace unaccountability.

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K&L Gates’ Verticals Predictions for 2023: Top Trends, Opportunities and Pitfalls

By: Gabriela da CostaJennifer P.M. MarshDr. Annette Mutschler-Siebert, M. Jur. (Oxon)Francesco CarloniMichal KoconNikolaos Peristerakis

It has now been six months since the new vertical distribution laws came into effect in the European Union (EU) and United Kingdom (UK). With many consumer brands starting 2023 looking for ways to shore up their resilience and profitability in a challenging market, our EU and UK Antitrust and Competition Law team has jotted down our thoughts on the trends that have gained the most traction under the new rules, big opportunities up for grabs, and lessons learned on pitfalls to avoid.

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Breakthrough FDA Decision: Agency Completes Its First Pre-Market Consultation for Human Food Made From Cultured Animal Cells

By: Natalie Rainer, Alexa Sengupta

On 16 November 2022, the U.S. Food and Drug Administration (FDA) announced that it had completed its first pre-market consultation for “human food made from cultured cells,” also known as “cell-based” foods.[1] “Human food made from cultured animal cells” refers to growing animal cells  in a controlled environment to produce food without sacrificing animals.[2] 

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FTC and NLRB Enter into an Information Sharing Agreement as a Likely Precursor to New Enforcement Activity

By: Gene Ryu, Katie Staba & Jonathan Rue

In light of the NLRB’s recent change to independent contractor rules, recent midterm elections and a focus on workers’ rights on many ballots, this article revisits an agreement between agencies that went largely unnoticed earlier this year. 

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FDA Proposes Updates to Regulatory Definition of “Healthy” for the First Time Since 1994

By: Natalie Rainer, Alexa Sengupta          

 The U.S. Food and Drug Administration (FDA) has issued a proposed rule (“Proposed Rule”)[1] that updates the definition of the “healthy” nutrient content claim under 21 C.F.R. § 101.65(d) for the first time since its issuance in 1994. The Proposed Rule, published on September 29, 2022, notes that “nutrition science has evolved since the 1990s” and that the proposed changes are intended to make the regulation “consistent with current nutrition science and Federal dietary guidance.”[2]

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