EAPA Litigation

Under the Enforce and Protect Act, CBP investigates whether a company is evading particular antidumping and countervailing duty orders. Litigation on determinations made under the relatively new statute have centered on due process protections for respondents, CBP's evidentiary basis for its decisions and the interplay of decisions made on the scope of the applicable AD/CVD orders from both CBP and the Commerce Department. The Court of Appeals for the Federal Circuit issued a key decision for all EAPA cases in Royal Brush Manufacturing v. United States, when it found CBP to have violated a respondent's due process protections by failing to provide it with access to the business proprietary information used in the proceeding.

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First Importer Put on FDA Import Alert for FSVP Violations

October 21, 2019 |FDA

The first importer has been placed on a Food and Drug Administration import alert for Foreign Supplier Verification Program violations. Import Alert 99-41 now lists Brodt Zenatti Holdings as the first, and for now only, importer on its “Red List.” All imports of tahini (sesame seed paste) by the Florida company will now be refused entry. The import alert does not apply to other foods from the company, or to tahini from other importers, even if from the same supplier. Brodt Zenatti was also the subject of FDA’s first warning letter for FSVP violations (see 1908150017), after an FDA inspection conducted during a tahini-linked salmonella outbreak found the importer did not have an FSVP plan in place for the tahini it imported.

New and Revised FDA Import Alerts for Oct. 17

October 18, 2019 |FDA

On Oct. 17 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Enforcement Report on Recalls & Field Corrections for Oct. 16

October 18, 2019 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for Oct. 16 that lists the status of recalls and field corrections for food, cosmetics, tobacco products, drugs, biologics and devices. The report covers both domestic and foreign firms.

New and Revised FDA Import Alerts for Oct. 16

October 17, 2019 |FDA

On Oct. 16 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

New and Revised FDA Import Alerts for Oct. 11

October 15, 2019 |FDA

On Oct. 11 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

New and Revised FDA Import Alerts for Oct. 10

October 11, 2019 |FDA

On Oct. 10 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

New and Revised FDA Import Alerts for Oct. 9

October 10, 2019 |FDA

On Oct. 9 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Enforcement Report on Recalls & Field Corrections for Oct. 9

October 10, 2019 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for Oct. 9 that lists the status of recalls and field corrections for food, cosmetics, tobacco products, drugs, biologics and devices. The report covers both domestic and foreign firms.

New and Revised FDA Import Alerts for Oct. 8

October 9, 2019 |FDA

On Oct. 8 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Adds New Chapter on Recall Plans to Draft Guidance on Preventive Controls for Human Food

October 9, 2019 |FDA

The Food and Drug Administration is adding a new chapter to its draft guidance on hazard analysis and risk-based preventive controls regulations for human food. The new Chapter 14 on recall plans is meant to help food establishments establish and implement a written recall plan, as required under the preventive controls regulations. Comments must be submitted by Feb. 4, 2020, to ensure FDA sees them before starting work on its upcoming final guidance document, the agency said in a notice.