Christopher M. Lahiff
Subscribe to Christopher M. Lahiff's PostsChristopher (Chris) M. Lahiff advises clients on matters regarding the regulation of pesticides by the US Environmental Protection Agency as well as of food by the US Food and Drug Administration and the US Department of Agriculture. Read Chris Lahiff's full bio.
Florida Federal District Court Rules GRAS Regulation Preempts Florida Statute Criminalizing Ingredient
By Alva C. Mather and Christopher M. Lahiff on Mar 9, 2020
Posted In Food Safety and FDA, Legislation
In an important ruling dismissing a proposed class action, the US District Court for the Southern District of Florida ruled that the US Food and Drug Administration’s (FDA’s) generally recognized as safe (GRAS) regulation preempts a Florida statute that criminalized adding grains of paradise to liquor. More specifically, the Court in Marrache v. Bacardi USA,...
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What to Know About FDA’s Recent Statements on CBD
By Christopher M. Lahiff on Dec 4, 2019
Posted In Advertising and Marketing, Cannabis, Food Safety and FDA
Last week FDA issued a public release on CBD titled, “What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis derived Compounds, Including CBD.” The FDA document does not break much new ground, though it emphasizes again FDA’s concern with the safety of CBD, some of which...
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FDA Issues Guidance on Hops and Wine Grapes
By Christopher M. Lahiff on Apr 5, 2019
Posted In Food Safety and FDA
The FDA recently issued Guidance announcing its decision to exercise enforcement discretion with regard to the Produce Safety Rule for entities growing, harvesting, packing or holding hops and wine grapes, as well as almonds and pulse crops (dry, edible seeds in the legume family harvested solely in dried form). More specifically, while the FDA considers...
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FDA Extends Compliance Date for Updated Nutrition Facts Label
By Christopher M. Lahiff on May 4, 2018
Posted In Advertising and Marketing, Food Safety and FDA, Trade Practices
The Food and Drug Administration (FDA) is extending the compliance dates for updating the familiar Nutrition Facts labels, from July 26, 2018 to January 1, 2020, for manufacturers with $10 million or more in annual food sales. Manufacturers with less than $10 million in annual food sales will receive an extra year to comply –...
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FDA Releases Draft Guidance on Public Warnings and Notifications of Recalls
By Christopher M. Lahiff and McDermott Will & Emery on Jan 23, 2018
Posted In Distribution, Food Safety and FDA
The Food and Drug Administration (FDA) recently issued a draft guidance on the agency’s voluntary recall process and announced the agency’s intention to notify the public faster when a product is recalled. The guidance aims to assist and provide recommendations to industry and FDA staff regarding the use, content and circumstances for issuance of public...
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FDA Proposes to Extend Compliance Dates for Nutrition and Supplement Facts Labels and Serving Size
By Christopher M. Lahiff on Sep 29, 2017
Posted In Food Safety and FDA
On September 29, 2017, the US Food & Drug Administration (FDA) announced a proposal to extend the compliance dates for the Nutrition Facts and Supplement Facts label final rule and the Serving Size final rule. For manufacturers with $10 million or more in annual food sales, the date will change from July 26, 2018, to...
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FDA to Redefine “Healthy” Claim for Food Labeling
By Christopher M. Lahiff on Oct 3, 2016
Posted In Food Safety and FDA
The Food and Drug Administration (FDA) recently took two actions involving the use of the claim “healthy” on food labels. First, FDA opened a docket to solicit comments on whether, and if so how, to revise the criteria that must be meet in order for a food to bear the claim “healthy.” This reflects changes...
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FDA Issues Final Rule on Food Ingredients that May Be Generally Recognized as Safe (GRAS)
By Christopher M. Lahiff on Aug 17, 2016
Posted In Food Safety and FDA
The US Food and Drug Administration (FDA) has issued this final rule detailing the criteria for concluding that the use of a substance in human or animal food is “generally recognized as safe” (GRAS). By way of background, if an ingredient is GRAS, food additive petition is not required and FDA does not have to...
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FDA to Hold Public Workshops Addressing Menu Labeling Final Rule
By Christopher M. Lahiff on Jun 14, 2016
Posted In Food Safety and FDA
The US Food and Drug Administration (FDA) has announced a series of public workshops about menu labeling to help the industry comply with requirements to provide calorie and other nutrition information to consumers. The workshops will address the menu labeling final rule, which require certain chain restaurants and similar retail food establishments to give consumers...
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FDA Releases Final Guidance Regarding the Food Labeling Term “Evaporated Cane Juice”
By Christopher M. Lahiff on May 31, 2016
Posted In Food Safety and FDA
The US Food and Drug Administration (FDA) has released final guidance stating its view that sweeteners derived from sugar cane should not be declared in the statement of ingredients as “evaporated cane juice.” FDA’s view is that the term “evaporated cane juice” is false or misleading because it suggests that the sweetener is fruit or...
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