As the COVID-19 pandemic continues, many businesses are manufacturing essential public health and/or medical supplies that are now in high demand. Companies around the world—from global luxury brands like Dior and Givenchy to local distilleries throughout the United States—have been switching their alcohol-based product lines from the manufacturing of products such as perfume and spirits … Continue Reading
The UK Environment Secretary Michael Gove announced on June 25, 2019 that food labeling laws will be changed to introduce full ingredient labelling (including allergens) for foods which are packed for direct sale. The new requirements will come fully into force in 2021. Our colleague Nicola Smith prepared an article last August which details the options the UK government was … Continue Reading
Voluntary recalls are a key tool that the Food and Drug Administration (“FDA”), and FDA-regulated companies, use to protect public health. Voluntary recalls are also a corporate nightmare, and can be extremely taxing on supply chain relationships. For industries and products where recalls are common – such as food and drugs – supply chain partners … Continue Reading
US beef companies shipping to Japan likely will have to pay higher tariffs beginning in May due to the United States’ rejection of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). To protect its own beef industry, Japan increases tariffs on frozen beef imports if import volumes pass a certain threshold, which Japan is … Continue Reading
Our colleague, Nicola Smith, recently published an article covering “Food Labeling Issues and Trends in Europe: Lessons for US and European Practitioners from Recent Allergen Recalls”, which is now available for download here. Click below to read more about further examples of recalls due to safety or allergen information. The continuing trend of recalls for allergens and … Continue Reading
Our colleague, Nicola A. Smith, brings you the most recent edition of our quarterly food and drink sector newsletter for the UK, Legal NewsBITE. The newsletter includes coverage of a recent focus in the UK on meat processing standards and inspections by the Food Standards Agency, which has had a knock on effect on trade … Continue Reading
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
The seventh and final component of the FDA Food Safety Modernization Act was finalized and published on May 27, 2016. The Intentional Adulteration Final Rule requires food companies to identify vulnerabilities within their food process with a goal of preventing intentional contamination of the food supply that would lead to wide-scale harm.… Continue Reading
We’re always pleased when someone takes the time to review our work. Recently, we were honored to have Buyers Meeting Point editor Kelly Barner review our book, Legal Blacksmith: How to Avoid and Defend Supply Chain Disputes. … Continue Reading
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
The Food and Drug Administration has finalized six of the seven major rules that implement the core of Food Safety Modernization Act. (See previous posts here and here.) Finalized on April 5, 2016, the Sanitary Transportation of Human and Animal Food rule builds on the previous five rules: (1) preventive controls rules for human food; (2) … Continue Reading
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
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
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
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
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 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
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
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
As we have discussed in a previous post, recalls are part of life for many manufacturers, and the trend is for more frequent, and more geographically broad, product recalls.… Continue Reading
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
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
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
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