Category: Policy and Regulatory

1
K&L Gates’ Verticals Predictions for 2023: Top Trends, Opportunities and Pitfalls
2
Breakthrough FDA Decision: Agency Completes Its First Pre-Market Consultation for Human Food Made From Cultured Animal Cells
3
FTC and NLRB Enter into an Information Sharing Agreement as a Likely Precursor to New Enforcement Activity
4
FDA Updates Regulatory Definition of “Healthy” for the First Time Since 1994
5
QR Code and Text Messaging Alone Are Insufficient to Disclose Bioengineered Food Ingredients

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 Updates 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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QR Code and Text Messaging Alone Are Insufficient to Disclose Bioengineered Food Ingredients

By: Natalie E. Rainer and Amy Wong

Due to a recent decision in the Northern District of California, the U.S. Department of Agriculture (USDA) will be required to revise current electronic and text message disclosure options under its Bioengineered (BE) Food Labeling Rules, also known as the National Bioengineered Food Disclosure Standard (NBFDS or Standard). Plaintiffs successfully argued that these methods of disclosure did not meet Congress’s requirement that these methods be adequately accessible to consumers.

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