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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FDA Proposes Change to Labeling Requirements for Food Sold in Vending Machines

July 11, 2018 |FDA

The Food and Drug Administration is proposing to amend its regulations to increase the type size of calorie declarations on packaging of food sold in vending machines. Under the proposed rule, type size for front of package calorie declarations on food sold from glass front vending machines would have to be at least 1.5 times size of the net weight declaration. The current requirement is 50% of the size of the largest printed matter on the label. FDA is proposing the change to “reduce regulatory burdens that the vending and packaged foods industries shared with us after the final rule implementing the vending machine labeling requirements” was issued in 2014. Comments are due Sept. 25.

New and Revised FDA Import Alerts for July 9

July 10, 2018 |FDA

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

FDA Announces New Online Database for Export Lists; Action Required by Exporters to China by June 2019

July 10, 2018 |FDA

The Food and Drug Administration on July 9 announced a new electronic database for exporters of certain food products seeking to be included on lists of eligible establishments required by some U.S. trading partners. The new Export Listing Module is an electronic portal for receiving and processing requests from FDA-regulated establishments that want to be put on export lists for dairy, infant formula, collagen, gelatin and seafood products. “This expanded module improves the FDA’s ability to efficiently process establishments’ requests to be added to the lists, monitor listed establishments, and generate updates for foreign regulatory agencies,” the agency said.

New and Revised FDA Import Alerts for July 6

July 9, 2018 |FDA

On July 6 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 July 5

July 6, 2018 |FDA

On July 5 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 July 3

July 5, 2018 |FDA

On July 3 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 July 4

July 5, 2018 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for July 4 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 29

July 2, 2018 |FDA

On June 29 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 28

June 29, 2018 |FDA

On June 28 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 27

June 28, 2018 |FDA

On June 27 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of: