Articles

2024

September	Packaging Chemicals—After Being OK’d for Use—Get Another Look
January	The Long Reach of FDA Accusations

2023

September	Day and Temp Labor Agencies, And Their Clients, Face Legal Changes
August	Losing Agency
February	Sustaining the Effort to Update Green Guides
January	Other Shoe Finally Drops on Cosmetics Regulation

2022

December	More Attention (Controversy?) for Food Packaging
October	Oh, Those Wacky Food Labels
September	On Contracts with Contract Packagers and Manufacturers
August	Noodling on How to Arrange Regulator
July	Single-use Plastics are Public Enemy #1 in California (Canada, too)
June	GRAS Goes to Congress
May	Contracts etc.
April	A Healthy Try at Simplifying Food Labels?
March	Changing Landscape
February	Cannabis and CBD: Still. Holding. Breath.
January	Cannabis and CBD: Still. Holding. Breath.

2021

December	Here Come USDA’s “Bioengineered” Food Labels (or Maybe Not)
November	One New Regulator, and Thoughts About All of Them
October	Another Instructive Court Case, This One A Victory For Food Packagers
September	What One Court Case Can Teach
August	New Food Safety Blueprint: Threat or Opportunity?
July	Pandemic’s Effects on Food Manufacturing, for Better or Worse, Could Linger
May	Short But Important New Allergen Law
April	Recycling on Everyone’s Radar
March	A Chain of Changes
February	Cannabis, CBD Sagas About to Get Real
January	Import Tariffs Apply to One Thing or Another
January	Food Fraud is Frequent, but Help Flourishes

2020

November	Let’s Play Pundit
October	Easier Said Than Regulated
October	What do PFAS Actions Tell us About State Regulatory Officials?
September	What Do PFAS Actions Tell Us About Food Contact Substances Industry?
July	Why Would FDA’s Emergency Actions Stick Around After the Emergency is Over?
May	We’re All Apart, and All Together
April	Tales From the Front: Packaging Environment a Hotbed of Activity
March	Updating the Nutrition Facts Panel: Easier Said Than Done, for Packagers and FDA
February	Feds Say Not Legal, But Still It’s Not Rare: Why’s CBD for Sale Everywhere?
January	You Are Wrong About Nutraceuticals, Functional Foods, and Dietary Supplements. But I Will Explain.

2019

December	Laws and Norms Both Shape Policy A 30-Year Development
November	Caution: Environmental Pressures on Packaging Persist
October	Food’s Identity Crises, Part II: Standard Stuff Gets Reconsidered
September	Food’s Identity Crises
August	Make Your Lawyer Happy: Plan Ahead
July	Engineering a Mess
June	Companies stay alert as there’s no obvious slowing at FDA
May	Extended EPR may point directly at packaging
April	Simple advice takes a complex regulatory path
April	Packaging as team player
February	‘Meat’ the regulators who tackle the tough questions
January	Packaging as cargo: out the door, but not out of mind

2018

December	Despite lots of recall advice, companies often left wondering
November	California’s Proposition 65: still weird after all these years
October	How to vouch for products from here or there
September	Undeclared allergens make foods misbranded and unsafe
August	The ground has shifted, in a bad way
July	On “bioengineered” disclosure specs, USDA proposes some, asks about others
June	Regulators coordinate to protect kids from controversial products
May	Food Fraud a Factor
April	They’re Trying to Make Stewardship More Efficient
March	When Regulators Turn to You For Help
February	Late news is good news
January	Surprise: cosmetics regulation may increase

2017

December	How and why to revoke a reg
November	Usually packages are filled that way for good, and lawful, reasons
October	How packaging leaves its mark
September	No, the message is the message
August	To read FDA, see numbers, sure, but also new commissioner
July	NGO actions may have real consequences
June	States burdening packagers, while feds move toward burdening regulators
May	What does a packager mean by sell by, use by, or best by?
April	California’s Proposition 65 says ‘jump’ again, companies work through how high
March	Radical regulatory reform a reality?
February	I’d rather be wrong
January	Here comes sugar, packagers

2016

December	When government screws up, sorry, you usually can’t sue them
November	Do as I Guide, Do as I Regulate
October	Proposal Pounds Packaging and Would Pulverize Present Program
September	GMO tail wags dog, then dog bites tail – but what’s next?
August	Cracks in the foundation of FDA enforcement?
July	Thinking behind the box
June	The future, and present, of packaging substance regulation
May	Vermont’s tail (state GMO law) might wag the national dog
April	You’re the new head of FDA? Um, congratulations
March	All foodborne illness is local – or much of it, anyway
February	FDA un-regulates pizza packaging products: A good example or a bad one?
January	SmartLabels™ link technologies, and controversies

2015

December	It’s natural to want a clearer definition
November	So, I guess some drug ads are, like, totally regulated, whatever
October	Food safety regulations are a growth industry
September	Animal product regulation is a complex creature
August	Trim the fat, cut the GRAS?
July	Pot marketers eating up opportunities, shaping regulation
June	GMO foods and labels: many angles, many squabbles
May	Updating nanotech a little
April	Regulators have a range of approaches
March	BPA good news doesn’t end the story
February	Sunscreens: follow FDA specs or get burned
January	A rose by any other name would still be regulated by FDA

2014

December	Packaging and its partners
November	An interesting rulemaking, if you like that sort of thing
October	Eye-opening developments in chemical safety
September	Dude! Gluten rules!
August	Poison packaging is an ongoing process
July	Pondering packaging possibilities for pot products
June	Food reports still here, getting tougher
May	OTC drug packagers: FDA mulls changes to unique program
April	Food Label Changes Invoke Nutrition, Health, History
March	Food fraud (and related issues) to the forefront
February	FDA wants trans fats out of food, but what else?
January	Off-label uses: some can talk about them, some cannot, and somethings gotta give

2013

December	Rules are rules and are a lot of work
November	Food label needs both simplification and more detailed rules, some say
October	Industry wins a Proposition 65 battle but more ahead
September	BPA: Is it a complex story? Oh baby
August	Are cosmetics regs getting a makeover?
July	Cant avoid thinking globally
June	Keep staring at the stats until they tell you something
May	Generally recognized as controversial
March	When Peanuts Are Tea Leaves
February	New Pom decision plays different tune
January	Food safety regulation shoes keep dropping

2012

December	Election Day 2012 is over, but a couple of questions remain
November	Green package, product guides attempt to be current
October	Polishing the image of processed food and its packaging
September	OSHA oversight also plagues packagers
August	Whether freptovin or GMOs, controversies follow patterns
July	News from the town square
June	Food safety powers you might have forgotten about
May	Cosmetics legal changes on the way?
April	Read ’em and wonder: FDA enforcement stats are here

2011

December	Nano policies still emerging there and here
November	Proudly proclaiming packaging’s praises pushes public policy
October	BPA gets into court, too
September	Why is gluten like BPA?
August	When packagers go international, compliance comes along
July	Nano Steps
June	Combination products challenge categories
May	FDA enforcement stats and your job
April	Everyone’s looking at you, kid
March	Food safety law is here, and so are some of its effects
February	Food safety law makes one wonder

2010

December	Green Guides for packaging and products get an update but still have gaps
November	Why BPA signs still point in different directions
October	Tense trends tend to send messages to packaging makers
September	California chemicals law still causing headaches
August	Imported food still largely undiscovered territory
June	Slack fill complaint leads to empty feeling
May	Warnings show food labels are a new FDA priority
March	HACCP advice for packaging makers

2009

November	Chemical burdens tightening: Here comes EPA
October	When packaging and labeling help fight drug counterfeits
September	New Duty to report dangerous foods
August	Surprise! Tobacco products get their butts kicked
July	When regulators are active, will they be intelligent
June	Economic adulteration for a new era
May	New FDA leadership signals a new day for the agency and industry
April	Checking in on FDA enforcement stats
March	Nanotech taken up by Swiss group
February	EU’s REACH chemicals law has arrived
January	FDA official analyzes current and future food safety efforts
2008
December	What’s new and what might be in the food realm
November	Hey, do eat that, you know where it’s been
October	New law tries to wake up sleepy commission
September	Possible PVC packaging ban is latest California trend
August	How can they get away with that? (Well, maybe they can’t.)
July	Small particles may present big regulatory issues
June	Does new bill hold future of EDA?
May	Many sources of advice on enhancing supplier reliability
April	Medical device civil suits are preempted, but for how long, and are drugs next?
March	Drug Pedigree Requirements Come and Go, And Likely Will Com Again
February	Food contact chemistry guidance document gets adjustments
January	Action plan, food protection plan now lead the pack
2007
December	Healthy prognosis for healthcare packaging
December	Cosmetics safety storm brewing, or hadn’t you heard?
November	New food reporting requirement hidden in drug law
October	Label symbols make nutrition choices simpler, but never simple
September	Lessons from China are for your quality program
August	Sometimes the best things in life, and law, are the intangibles
July	EU’s new REACH law on chemicals reaches you
June	Irradiation again, labeling this time
May	Food-contact notifications threatened again
May	Fresh produce rules, uhh, guidelines, aim to improve safety
May	Top 10 FDA developments
April	Proposed rules on gluten finish the thought on food allergens law
March	And just like that, packaging for irradiation is broadened
February	OTC drugs and dietary supplements get new reporting burden
January	Coalition’s diversity as dramatic as its message
2006
December	All signs are pointing to a fruitful 2007
December	Checking up on healthcare packaging
December	Crisis planning takes exercise
November	Pharmaceutical Packaging Forum taking shape
November	Water, water is everywhere, perhaps not what you think
October	Protecting food from terrorists
September	FDA enforcement stats tell a story, but what is it?
August	No more delays for drug pedigree requirement
July	Divining qualified health claims policy by reading the tea leaves
June	It’s time for packaging professionals to do some lobbying
June	FDA still has no confirmed, permanent commissioner
June	Packaging plays a role in combating obesity?
May	Will PFOA issue stick to packaging?
March	The Food Contact Notification program must be saved
February	Preparing for threats takes practice for governments, too
January	Will the road get bumpy for counterfeiters? And for you?

2005

December	Claims, not chemistry, often make for product problems
November	Taking FDA’s temperature in multiple ways
October	New coalition advocates sustainability in packaging
September	Don’t wait for government to address bioterror
August	Doctors want borders between drugs and supplements
July	Recalls, and plans for them, are key crisis tools
June	Food labels must now name allergens, even from packaging
May	Ephedrine saga: News reports can be of little help
April	Cosmetic safety challenged
March	Packaging to play a bigger role in the FDA budget
February	Dietary advice affects packaging
January	Three recent Rs of packaging

2004

December	Dietary supplements: take slowly
November	FDA strives for more efficient drug regulation
October	Heavy new activity in toxic metals in packaging
September	Post-9/11, USDA is active too
August	Who turns on the RFID faucet, and does it matter?
July	FDA gives food detention
June	FDA to plant new crop of food GMPs
May	Acrylamide saga continues, but how will it end?
April	FDA counterfeiting report points to RFID, other technologies
March	‘Low-carb’ inspires label rules
February	What FDA’s planned ban on ephedra means
January	How to make FDA drug regulation obsolete

2003

December	A device guidance is a guidance device
November	FDA strategies on drug counterfeits point to packaging
October	Packaging, drug safety, terror and counterfeits
September	Should labels reflect everything that’s on our minds?
August	Tough as they wanna be?
July	Unit-dose goes to court
June	More FDA bioterror food rules also include packaging
May	Codes can bar drug errors: FDA
April	At long last, dietary supplement GMPs
March	FDA proposes: Packaging companies register, give notice of imports
February	Dramatic shift in food health claims
January	Program targets cancer-causers

2002

December	New pressures await new FDA commissioner
November	Food front roundup: Acrylamide, organic rules and obesity lawsuit
October	FDA wants more ‘current’ Good Manufacturing Practices
September	Surprise! You have the right to free speech
August	Patent holders get help
July	New bioterror law boosts FDA’s power
June	Standardized over-the-counter labels are not all-over-the-map
May	Today’s joke might be tomorrow’s law
April	Tampering threats inspire packaging innovations
March	HACCP here, and growing in several directions
February	Food security guidances add weapons to anti-terror arsenal
January	Happy New Year for FDA

2001

December	Counterfeiting of drugs is just one side of product security
November	Food safety in a new America
October	Labels and the public’s trust
September	Some want more food ingredient information on labels
August	Do we need a single federal agency for food safety?
July	Food allergies trigger voluntary industry action
June	Packaging as antidote to medication errors
May	Product liability prospects
April	When labels speak (freely), people listen
March	New administration: what’s next?
February	Biotech and organic rules related
January	December brings drug labeling developments, prescription and OTC

*The following articles are not available electronically, but if you would like a copy of any of the articles below, please contact the firm at 312-977-4647.

2000

December	OSHA targets injuries with headache
November	Irradiation a material issue
October	Machinery guidance is designed to increase safety, decrease liability
September	Courts sorting tough drug vs. supplement issues
August	Food packaging developments on the label and in the material
July	Meat and poultry scene a hotbed of legal changes
June	Bioengineered foods: breeding controversy
May	New case means product knock-offs harder to stop
April	FDA enforcement data, and hints of new approach
March	Early warning on extended producer policies
February	Label this dietary supplement rule “controversial”
January	Food contact substances get new approval program

1999

December	Packaging law developments at the end of the you-know-what
October	Measuring value: a crucial corporate chore
September	More free speech for off-label uses
August	Heat on modernization, irradiation
July	Food packaging changes part of revolutionary trend
June	Understanding – and avoiding – a swirl of liability
May	Why packaging laws really matter
April	OTC drug labeling rules will change packages
March	Air can hurt you, too
February	FDA’s enforcement scorecard
January	Solid waste rushes in

1998

December	Year-end legal topic-o-rama
November	Solid waste: the once & future issue
October	The tale of possible “endocrine disruptors” may just be beginning
September	Drug compliance still a problem packaging can address
August	Ranting about EDF’s “labeling”
July	EAS keeps an eye on packages
June	Green guides still blooming
May	New climate for irradiation and packaging, too
April	Preemption as a useful device
March	Feds watching feds on behalf of small business
February	A cautionary tale of law for “responsible” corporate officials
January	Ninety-eight topics for ’98

1997

December	FDA reform in time for the holidays
November	Dietary supplement labeling rules a further step to the frontier
October	Flow controls throw out packaging freedom
September	Milk study draws attention to packaging
August	FDA reform back on the barbecue
July	U.S. environment quiet for packagers for now
June	It’s springtime, and the GRAS is growing
May	WARNING
April	OTC drug labeling format proposals are helpful but inflexible
March	Air pollution controls could get tougher for package printers
February	Target adjustment in lawsuit reform: Over-litigation
January	FDA at crossroads with Kessler departure

1996

December	A year-end review of January ’96 predictions
November	Minor environmental revisions: Music to packagers’ ears?
October	“Packaging law” emerges from obscurity
September	When N.Y. Times recycles old information, packaging wins
July	Are food label changes healthy?
June	Congress wants FDA reform: OK, now’s the time to make a decision
May	Can you (anti) trust a packaging columnist?
April	Beer label complaints brewing
March	ISO 14000 to change business environment
February	FDA to loosen grip on food claims
January	FDA says it’s changed its ways, but some still not convinced

1995

December	Just your standard issue
November	The exchange of recyclables grows up
October	Packages meet shrinkage challenge
September	FDA carries packaging across threshold
August	A peek into the possible future of OTC labeling
July	Pack taxes in all shapes and sizes
June	New shades of trademarking
May	Mirth or dearth on Earth Day birthday?
April	Good intentions that got lost in translation
March	Of contracts, regulations, and the future
February	Packaging borders on the international
January	Packages now have alternate route to trucking qualification

1994

December	Analyzing trade dress doctrine
November	Environmental claims perils continue
October	Machinery must earn EU’s stamp of approval
September	Safety and packaging are in-laws
August	Regulators playing whole new ballgame
July	Plastics makers chasing arrows and cooperation
June	Patent decision panics packagers
May	The states of the environment
April	Label clashes are heavyweight bouts
March	It’s a small world after all
February	FDA takes daily supplements of controversy
January	Has the FDA really been revitalized?

1993

December	FDA at threshold of new approval approach
November	Beware of un-American foreign ideas
October	USDA turns up heat on meat labeling
September	Drug packaging spurs regulatory, industry action
August	West Coasting through enviro-issues
July	Supermarkets carry assortment of legal issues
June	Revered and reviled, plastics continue environmental battle
May	When does competition cross the line?
April	ISO 9000: ISO What?
March	A few observations on the first 30 days
February	’93 view of EC ’92 isn’t 20/20
January	End of the beginning for food label changes

1992

December	For packagers, what comes ‘afta’ NAFTA
November	Environmental laws: Options won’t be very optional
October	FTC guidelines promise greener – but ‘cleaner’ landscape
September	When it comes to packaging laws: Predictions are precarious
August	Legal update on drug packaging
June	FDA issues guidelines on using recycled plastic for food packages
May	Corrugated industry still edgy over ECT
April	From Maine to California: It’s packagers’ day in court
March	Bush tries new attack on regulatory monster
February	EC ’92; where are you?
January	Food label proposals weigh in on packagers

1991

December	Drug verdict raises costly questions of labeling and law
November	Life cycle assessment: Big picture or big headache? October Recycled, fine. But for packaging food, yikes!
September	Environmental claims get federal attention
August	Summer thoughts on recycling, reform, rearmament
July	Tylenol trial-that-wasn’t still sends messages
June	Accounting for package design costs: Which way to go?
May	Not all consumers are created equal
April	Quartet of quandaries: An update
March	Are packages telling ‘little green lies’?
February	More exalted status for FDA?
January	Some uneven chinks in food labeling ‘uniformity’

1990

November	To overlook this deadline could be hazardous
October	Four developments to keep an eye on
September	Packagers face ‘new’ kids on legal block
September	Food labels caught in tug of war
August	What it says, not what it does
July	Food technology rules to target microbes, limit packaging
June	Chasing arrows chase plastics recycling uniformity
May	FDA enforcement diagnosis
April	Look! Up in the sky! It’s legislative change!
March	EC ’92 harmony could be atonal
February	When the news isn’t good: Some advice
January	No rest for the weary food packager

1989

November	Food labels to get an overhaul
September	Strong winds from the West
July	Twin cities law: On solid ground or shaky landfill?
May	Food irradiation: Legal but unloved
March	EPA’s Agenda for Action means business
January	Refrigerated foods: Handle with care

March

The Food Contact Notification program must be saved

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Packaging Chemicals—After Being OK’d for Use—Get Another Look

By Eric F. Greenberg, Attorney-at-law

FDA will hold a September 25 public meeting about an “enhanced systematic process” for “post-market assessment of chemicals in food.” The agency made clear that food contact substances, such as those from food packaging, are part of the project, as are ingredients considered Generally Recognized As Safe (GRAS), food additives, color additives, and contaminants.

This new FDA effort may end up placing new obligations on packagers, though if your work involves food packaging, you are well familiar with the various efforts you and others already apply to assuring their safety.

You have questions, We have answers. Request a consult.

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