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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New and Revised FDA Import Alerts for June 21

June 24, 2019 |FDA

On June 21 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 June 20

June 21, 2019 |FDA

On June 20 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 June 19

June 20, 2019 |FDA

On June 19 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Issues Guidance on Small Business Definition for Food Preventive Controls Rules

June 20, 2019 |FDA

The Food and Drug Administration finalized a guidance document on the definition of “small business” under Food Safety Modernization Act regulations on preventive controls for human food and animal food. Under those regulations, small businesses are defined as any businesses, including subsidiaries and affiliates, that employ fewer than 500 full-time-equivalent employees at all facilities. Small businesses have later compliance dates for the preventive controls regulations, and in some cases may be exempt if they meet the definition of “farm mixed-type facilities.” The guidance details how to determine a company’s number of full-time-equivalent employees, including at affiliates and other facilities, and how small businesses are affected by the preventive controls regulations.

FDA to Allow Modified 'Added Sugars' Claims on Cranberry Products, Honey and Maple Syrup

June 19, 2019 |FDA

The Food and Drug Administration will allow modified “added sugars” claims on nutrition facts labels for cranberry juice and dried cranberries, pure honey and maple syrup, it said in a final guidance document issued June 18. For dried cranberries and cranberry juice, FDA will “exercise our enforcement discretion to allow a footnote next to the amount of added sugars that says the sugars are added to improve the palatability of naturally tart cranberries” and do not bring the overall levels of sugar above those in similar juice products. For single-ingredient packages and containers of pure honey, pure maple syrup, and other pure sugars, FDA will allow the label to say there are zero added sugars as long as a footnote is added that includes a description of the gram amount of sugar added to the diet by one serving of the product and its contribution to the percent daily value for added sugars in the diet when used as a sweetener. FDA also said it will hold off on enforcement of all aspects of new nutrition facts labeling requirements for cranberry juice and dried cranberries, pure honey and maple syrup until July 1, 2021.

New and Revised FDA Import Alerts for June 17

June 18, 2019 |FDA

On June 17 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 June 14

June 17, 2019 |FDA

On June 14 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 June 13

June 14, 2019 |FDA

On June 13 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 June 12

June 13, 2019 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for June 12 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 June 11

June 12, 2019 |FDA

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