Archives: Food & Drug

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Food Safety Modernization Act’s First Major Compliance Date – What Food Importers Need to Know

Previously, we discussed the Food and Drug Administration’s (“FDA”) seven major food safety rules mandated by the Food Safety Modernization Act (“FSMA”).  (See previous posts here, here, and here.)  Of the seven, the rule for Foreign Supplier Verification Programs (“FSVP”) for Importers of Food for Humans and Animals will have the biggest impact on importers … Continue Reading

Vermont Leads Nation in Requiring GMO Labeling; How Has Industry Responded?

In July 2016, Vermont’s Act 120 will take effect, requiring food manufacturers that sell into the state to indicate on food labels whether their products are made using genetic engineering.  The new law, which was enacted in May 2014, was precipitated by a growing GMO labeling movement that now has gained traction in at least … Continue Reading

Case Study: Chipotle’s Supply Chain Difficulties

Chipotle has thrived in the fast-casual food industry by prioritizing sustainability in its supply chain.  The company’s “Food with Integrity” policy focuses on sourcing food from suppliers that meet its requirements for animal welfare, sustainability, and social accountability.  Pursuant to the California Transparency in Supply Chains Act of 2010, Chipotle publishes information on its website about … Continue Reading

The Problem with Palm Oil (Or, The Next Wave of Supply Chain Class Actions?)

In previous posts (here, here, and here), we discussed a litigation trend that began in September of this year: putative class action lawsuits against U.S. retailers based on alleged unethical practices in their supply chains.  The first lawsuits asserted the presence of trafficked labor in the Thai and Indonesian shrimp and fishing industries, with complaints … Continue Reading

Pending FDA Rule Governing Transportation of Human and Animal Food (Or, Keep it Cold) (Or, Greater Regulation of the Cold Chain Anticipated)

This week’s Global Squire Patton Boggs Global Supply Chain Law Blog will once again focus on emerging regulations that impact food and beverage supply chains.  One regulation, which is fairly sweeping, is the proposed rule governing Sanitary Transportation of Human and Animal Food.  Found at Federal Register Vol. 79, No. 24, the new rule is … Continue Reading

SPB Policy and Legal Developments in the EU Food and Beverage Sector

Today at Squire Patton Boggs’ Global Supply Chain Law Blog, we are featuring some recent work done by our Global Food and Beverage Practice, which actively monitors regulatory, policy, and case law developments in the food, beverage, and related sectors around the world.  Recently, the group has published an update on food and beverage law … Continue Reading

FDA Implements Three New Rules That Impact Food Supply Chains

On Friday, November 13, the Food and Drug Administration (FDA) finalized three new rules designed to increase food safety and prevent foodborne illnesses that will impact food supply chains. The first rule, called the Produce Safety Rule, establishes “science-based” minimum standards for safe growing, harvesting, packing, and handling of fruits and vegetables grown for human … Continue Reading

Food Supply Chain Issues in China (Or, China’s New Food Safety Act) (Or, Running the Gauntlet in China)

Food trade between the U.S. and China is on the rise.  According to the most recent statistics, China is the third largest exporter of food and agricultural products to the U.S., behind only Canada and Mexico.  And, the U.S. is China’s biggest source of foreign food and agricultural products.  Under the current state of trade, … Continue Reading

Can Supply Chains Be Completely Transparent?

In some earlier posts (here and here), we discussed the new litigation trend in which plaintiffs are filing putative consumer class actions against manufacturers and retailers for failing to fully abide by their California Transparency in Supply Chains disclosure statements or their internal supplier policies.  Well, as anyone following this story is likely aware, the … Continue Reading

The Future of Pharmaceutical Supply Chains (Or, Unpacking the Drug Quality and Security Act)

On November 27, 2013, President Obama signed into law the Drug Quality and Security Act (DQSA), HR 3204, legislation that will have broad-reaching effects on pharmaceutical supply chains.  The DQSA was enacted to help protect consumers from contaminated, counterfeit, and stolen pharmaceutical products, and was enacted as a response to a meningitis outbreak in 2012, … Continue Reading

California Asserts Its Transparency In Supply Chains Act (Or, Letters To Retailers And Manufacturers) (Or, Seeing Through Supply Chains)

It’s springtime, which apparently means… that the California Department of Justice has begun what looks like enforcement measures with respect to California’s 2010 Transparency in Supply Chains Act.  If you are a manufacturer or a retailer who has received a letter inquiring about your compliance with this (relatively) new legislation, don’t be surprised.  It is apparently … Continue Reading

More Legal Implications From The West Coast Ports Labor Dispute (Or, What To Do If Your Supply Chain Contract Does Not Address Disaster) (Or, Yet Another Goofy UCC Provision)

Last week, we discussed the legal fallout from the West Coast Ports dispute.  In particular, we talked about how a force majeure clause in a supply chain contract can help supply chain partners avoid disputes.  Force majeure clauses allocate which supply chain partner bears the risk – and the cost – in the event disaster … Continue Reading

Legal Fallout From The West Coast Ports Labor Dispute (Or, How To Take Risk Into Account In Supply Chain Contracts) (Or, We Like Meaty Meat)

Although the West Coast Ports labor dispute has more or less resolved, the consequences continue to be felt across supply chains both in the U.S. and internationally.  Especially hard hit have been the retail, automotive, and agricultural industries, with several companies (such as the Gap, Lululemon, and Williams-Sonoma) negatively revising their financial outlooks.  Honda took … Continue Reading

Supply Chain Law: 2014 – Year Of The Recall! (Or, Recalling Recalls) (Or, The Mother Of All Warranty Claims)

Earlier this month, the National Highway Traffic Safety Administration (“NHTSA”) , the federal agency responsible for overseeing automotive safety, released figures showing that 2014 involved a record number of automotive safety recalls – higher than 2011, 2012, and 2013 combined. In all, the industry recalled almost 64 million vehicles in 803 separate recall campaigns, 680 … Continue Reading

Closing the stable door before the horse has bolted….

Much has been written recently about “ethical” and “responsible” supply chain practices, certification and the need to safeguard provenance and quality of supply.  This is not least to ensure that businesses maintain high standards and integrity (including in their dealings with their own suppliers), as well as promoting values and practices that are aligned to … Continue Reading
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