ArticleAnd You Thought Tariff Based Trade Barriers Were a Curse: The Precautionary Principle at WorkUnited StatesFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleFederal Appeals Court Upholds USDA Decision Not To Ban "Organic" Label For HydroponicsAs previously covered on this blog, the U.S. District Court for the Northern District of California ruled on March 18, 2021 against a group of traditional organic farmers and the Center for Food Safety (CFS) that challenged the U.S. Department of Agriculture's (USDA) denial of their 2019 petition.United StatesFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleTarget Argues Consumer Deception Is Implausible For Bright Red, Zero-Calorie, Water EnhancerA federal class action complaint, filed June 22, 2022, alleges the words "Natural Flavor With Other Natural Flavor" directly below "Fruit Punch" render the omission of "artificially flavored" deceptive on Target Corporation's label ...United StatesFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleOverview Of The FCC's Broadband Data Collection Bulk Fabric Challenge ProcessThe Federal Communications Commission ("FCC" or "Commission") completed its first Broadband Data Collection ("BDC") on September 1, 2022. The Commission is now accepting and evaluating bulk...United StatesMedia, Telecoms, IT, EntertainmentKeller & Heckman
ArticleFDA Issues Final Guidance On Refusal Of Inspection By A Foreign Food Establishment Or Foreign GovernmentOn October 20, FDA issued final guidance that describes the actions, behaviors, and statements by a foreign food establishment or foreign government that the FDA considers...United StatesFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleCalifornia Votes "Yes" On Proposition 31 Banning The Retail Sale Non-Tobacco Flavored Tobacco Products; Keller And Heckman Files Supreme Court Amicus Brief In Case Challenging Los Angeles County Flavor BanA tobacco retailer is a person who engages in this state in the sale of tobacco products directly to the public from a retail location.United StatesFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleNetChoice Challenges Constitutionality Of California Age-Appropriate Design Code ActWhen the California legislature passed the California Age-Appropriate Design Code Act (CAADCA or Act) AB 2273 in September of this year, it generated considerable controversy.United StatesPrivacyKeller & Heckman
ArticleWith Billions Of Dollars Of Broadband Funding At Stake, The Timing Of The Challenge Process To The FCC's Broadband Map Under Increasing ScrutinyJust over a month ago, the FCC released its pre-production draft of its new Broadband Maps. The initial map is based on service availability data collected from broadband providers...United StatesMedia, Telecoms, IT, EntertainmentKeller & Heckman
ArticleCourt Rebuffs CPSC Database Disclosure Decision In Important Administrative Law RulingCompany Doe, which was not identified and whose product was also not identified, had contested the CPSC's decision to publish a "report of harm" identifying its product.United StatesConsumer ProtectionKeller & Heckman
ArticleFDA Seeks Comments On The Meaning Of "Natural"As food industry stakeholders are well aware, the use of the term "natural" in food labeling and advertising is fraught with ambiguity and risk of challenge. United StatesFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleCalifornia Proposes New Amendments To Proposition 65 Warning RegulationsAccording to the agency, it is troubled by the widespread adoption of the short form warning by businesses.United StatesFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleManufacturing E-Cigarettes In China: How To Obtain The Manufacturer LicenseFollowing China's new GB standard on e-cigarettes that we summarized in early May 2022, the State Tobacco Monopoly Administration (STMA) has now published a rule outlining the process...United StatesFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleFTC Issues Advance Notice Of Proposed Rulemaking On Commercial Surveillance And Data SecurityAt a press conference on August 11, 2022, the Federal Trade Commission (FTC or Commission) announced an Advance Notice of Proposed Rulemaking (ANPR), which was published, along with a fact sheet...United StatesPrivacyKeller & Heckman
ArticleEU Cyber Resilience Act: Cybersecurity Obligations For Connectable Hardware And Software Products Including IoTThe Internet of Things (IoT) segment has grown, and with it have come many examples of vulnerable products, from babycams whose feeds could be viewed by strangers online to hackable implantable cardiac devices.GlobalTechnologyKeller & Heckman
ArticleA Closer Look At China's New E-Cigarette RegulationsWith the implementation of the Management Rules of E-cigarettes and the forthcoming effective date for the GB Standard on E-cigarettes (October 1, 2022), China has been regularly updating its e-cigarette regulations.GlobalFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleFederal Court Rules That FDA Was Arbitrary And Capricious In Deeming Premium Cigars Subject To The Tobacco Control ActSince it became effective in 2016, the cigar industry has mounted several challenges to the U.S. Food and Drug Administration's ("FDA") "Deeming Rule," which extended the Agency's tobacco product...United StatesFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleKH Broadband Digest: July 13, 2022MassTech issues RFP "to solicit responses from broadband network operators to operate, manage, market, maintain, and extend the 1,200 mile MassBroadband 123 Network"...United StatesMedia, Telecoms, IT, EntertainmentKeller & Heckman
ArticleCPSC To Hold Workshop On Beta Testing Of EFiling Compliance Data For Imported Consumer ProductsIn a notice published in the Federal Register on August 8, 2022, U.S. Consumer Product Safety Commission (CPSC) staff announced that the CPSC will hold a workshop on October 13, 2022, ...United StatesConsumer ProtectionKeller & Heckman
ArticleCell-Cultured Protein: Regulatory Considerations And OpportunitiesAt the forefront of current food innovation and technology is the "cell-cultured protein" sector (also described as "cultured," "cell-based," "cultivated," "lab-grown," and "in vitro").United StatesFood, Drugs, Healthcare, Life SciencesKeller & Heckman
ArticleKH Broadband Digest: July 06, 2022Cleveland issues RFP for first phase of $20 million broadband project.United StatesMedia, Telecoms, IT, EntertainmentKeller & Heckman