January 06, 2015

Proof Is in the Pudding: Sarah Brew in Law360 on the Role Food Companies Play to Keep Their Foreign Suppliers in FDA Compliance

In November 2014, The U.S. Food and Drug Administration issued final menu labeling rules that will require grocers, restaurants and convenience stores to list the calories contained in prepared foods. The rules are a result of the Affordable Care Act and the comprehensive health care reform law of 2010.

In Law360, Faegre Baker Daniels food litigation and regulatory partner Sarah Brew explained that restaurant chains have largely welcomed the expanded rules, as franchisors now have one set of guidelines rather than a patchwork of state regulations. However, the Dec. 1, 2015 deadline for compliance has resulted in newly affected industries looking for legal assistance. "Now we're getting calls from folks who thought this would never apply to them," Brew said.

Brew also talked about four new rules to be released by the FDA in 2015 surrounding the Food Safety and Modernization Act. She noted that the foreign supplier verification rule is making food companies anxious as they will be responsible for ensuring that their suppliers meet FDA requirements. "When you think about that, that's a huge thing to say," Brew said. "But that's basically what the FDA is requiring for importers and food producers in the U.S. using foreign products."

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