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Food and Drug Law Articles by Eric F. Greenberg

RECENT ARTICLE
by Eric F. Greenberg

Dude! Gluten rules!

Gluten rules, as the surfers might say, but not in the way they might mean it. It rules the lives of those who have to avoid it for health reasons, and even some who avoid it for the wrong reasons.

Meanwhile, gluten rules, in the sense of FDA’s new rules defining what it means for a food to be “gluten-free” and say so in its labeling, became effective in early August. The framework these rules set up is unique, perhaps because the issue of gluten in food presents some unique challenges.

Gluten’s not a major allergen, but the legal provisions leading to rules about it were included in the same law as the one for major allergens, the Food Allergen Labeling and Consumer Protection Act (FALCPA) of 2004. That law also set up new requirements for label statements about those 8 major allergens, namely milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans.

The problems gluten presents are somewhat like those presented by major allergens: it creates health conditions in some people that can’t be cured, so those people affected by it just have to avoid it.

But gluten is unlike allergens in that lots of consumers avoid gluten in their diet, even though gluten’s not a health problem for many of them, though it’s a very serious problem for some of them.

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Eric F. Greenberg P.C. - Law Firm Practicing: Food & Drug Law, Packing Law, and Commercial Litigation

We represent business clients at every level of the food and drug development, production, distribution, and packaging industries. Our Chicago, Illinois-based lawyers have extensive experience advising and representing food and drug producers, cosmetics and medical device manufacturers, and packaging manufacturers, converters and designers nationwide on issues involving:

  • FDA Requirements
  • Food Contact Notifications; GRAS Notices and Analyses
  • USDA Requirements
  • Labeling Requirements
  • Defense Against Allegations of FDA Violations
  • Preparation For Government Inspections

Our attorneys regularly provide advice and guidance on compliance with FDA regulations, including developing plans for compliance, implementation of compliance strategies, evaluation of current plans, and identification of weaknesses in current processes. We work closely with you to help you achieve complete adherence to rules and regulations.

We have considerable experience in analyzing and evaluating products and components to determine applicability of FDA jurisdiction, and successfully guiding companies through the FDA approval process, and in defending companies accused of regulatory violations.

Whether you seek to get FDA approval for your product, insure compliance with FDA regulations, or you are facing allegations of FDA violations, our team will work for you.

As experienced litigators with a thriving commercial litigation practice, we provide aggressive, effective representation in matters involving a broad range of commercial disputes.

Our firm is a proud member of the International Network of Boutique Law Firms, a select organization with members throughout the United States and the world.

International Network of Boutique Law Firms (INBLF)

Visit our Firm Overview and Practice Areas sections to learn more about us or contact us to speak with an experienced lawyer about how your company can benefit from our services.

Eric Greenberg Publishes Guide To Packaging Law, 2d Edition

See Eric Greenberg's article summarizing the FSMA in the American Bar Association's Antitrust Section's
"Agriculture and Food Committee e-Bulletin,"
Winter 2012, page 19. Click here.


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