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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.

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Chicago, IL 60602-4224

Phone: 312-977-4647
Fax: 312-977-4405
e-mail: greenberg@efg-law.com

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

Kerry Toth Rost 
Chicago, Illinois
Associate
phone (708) 288-1569
fax (312) 977-4405
email Email Me

Bar Admissions:
Illinois, 2002
U.S. District Court Northern District of Illinois, 2003
Education:
Illinois Institute of Technology Chicago-Kent College of Law, Chicago, Illinois
J.D.
Honors: Summa Cum Laude
Honors: Order of Coif
Law Review: Chicago-Kent Law Review, 1999 - 2001


Dr. William M. Scholl College of Podiatric Medicine, Chicago, Illinois
B.S.
Honors: Summa Cum Laude
Major:  Biomedical Sciences


Dr. William M. Scholl College of Podiatric Medicine, Chicago, Illinois
D.P.M., Doctor of Podiatric Medicine
Major:  Podiatric Medicine


Creighton University, Omaha, Nebraska
B.A.
Honors: Dean's List
Major:  Psychology


Published Works:
What You Don't Know Can Hurt You: Why Managed Care Organizations have a Legal Duty to Disclose the Use of Financial Incentives to Limit Medical Care, 35 J. Hlth. L. 145, 2002


Policing the 'Wild West' World of Internet Pharmacies, 55 Food & Drug L. J. 619, 2000


Policing the 'Wild West' World of Internet Pharmacies, 76 Chi.-Kent L. Rev. 1333, 2001


Diagnosis and Treatment of Plantar Fasciitis Langer Biomechanics in Step, 1997


Honors and Awards:
1st Place, American Health Lawyer's Association Writing Competition, 2001 - Present


3rd Place, Food and Drug Law Institute's H. Thomas Austern Writing Awards Competition, 1999 - 2000


1st Place, Langer Biomechanics National Research & Writing Competition, 1997


2nd Place, Langer Biomechanics National Research & Writing Competition, 1996


American College of Foot & Ankle Orthopedics & Medicine Outstanding Student in Medicine Award, 1997


Professional Associations and Memberships:
Illinois Podiatric Medical Students Association, 1995 - 1996
President


Fraternities/Sororities:
Delta Zeta


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