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FDA Warns Consumers of Dangers Associated with Crackers Lacking Proper Allergy Warnings

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On April 5, 2012, the U.S. Food and Drug Administration (“FDA”) issued a press release warning consumers not to eat certain crackers because of the potential dangers for those with milk or nut allergies. TWI Foods Inc., the crackers’ manufacturer (called “Rusk” brand Crispy crackers), initiated a voluntary recall of its crackers and toast, because of the undeclared allergens in product labeling. Under the Food Allergen Labeling and Consumer Protection Act of 2004 and FDA regulations, manufacturers and/or distributers of finished food products are required to declare the presence of major food allergens in labeling. “Major food allergens” include the…
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FDA Enters Into Consent Decree of Permanent Injunction with Cheese Producer Due to Listeria Contamination

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On April 9, 2012, the U.S. Food and Drug Administration (“FDA”) announced it has entered into a consent decree with a Washington State cheese producer. The company, Del Bueno, which processes and distributes cheeses, and its owner Jesus Rodriguez, agreed to the terms of a consent decree recently entered by U.S. District Judge, Lonny Suko, in the Eastern District of Washington. As part of the consent decree, Del Bueno cannot sell or otherwise distribute any food products unless and until it first proves that its goods are safe for human consumption. To this end, Del Bueno must develop a control program…
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FDA Denies Petition to Ban BPA

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On March 30, 2012, the U.S. Food and Drug Administration (“FDA”) denied a request to ban the chemical bisphenol-A, commonly known as BPA, from food and drink packaging materials. The request, made by the Natural Resources Defense Council (“NRDC”), sought for the FDA to ban the controversial substance, citing the potential for serious adverse health effects. The NDRC Petition, filed on October 28, 2008, may be accessed here. Ultimately, the FDA concluded that there is insufficient evidence to demonstrate that BPA is harmful when used in food contact materials. More information about the FDA’s efforts in response to the request…
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FDA Proposes Reclassification of Tuberculosis Tests

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On March 16, 2012, the U.S. Food and Drug Administration (“FDA”) announced its issuance of a proposed rule intended to lower the regulatory classification for nucleic acid-based tuberculosis tests. These tests, which are currently classified as Class III medical devices, are used in the detection of tuberculosis (“TB”) from a patient’s mucus (sputum) sample. With this classification downgrade, device sponsors will be able to bring devices to the market with both greater ease and less expense. In addition to the proposed rule, the FDA issued a draft guidance to aid in the transition from Class III to Class II. The…
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FDA Approves Boniva Generics

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On March 19, 2012, the U.S. Food and Drug Administration (“FDA”) announced the approval of generic versions of the drug Boniva (ibandronate). Boniva, manufactured by Genentech Inc., is a once-monthly tablet used in the treatment and prevention of osteoporosis in women. These recent FDA approvals are the first allowing the sale of generic versions of Boniva. Generic drugs are approved by a process where a drug sponsor submits an Abbreviated New Drug Application (“ANDA”). In contrast to New Drug Applications (“NDAs”), an ANDA is considered “abbreviated” because the drug sponsor is typically not required to submit preclinical (animal) or clinical (human)…
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