Navigating Key Regulatory Agencies for the Food Industry: Comprehending the Jurisdiction, Function, Organization and Interplay of the FDA, USDA, FTC and Local Health Agencies

July 17, 2024 8:30am

Brandon Neuschafer
Partner
Bryan Cave

Alan Pryor
Partner
Alston & Bird LLP

  • Understanding how the responsibilities and jurisdiction of FDA, USDA, FTC and local health agencies intersect and overlap
  • Deciphering the organizational structure of each agency and their respective roles in food regulation
    • DHHS: FDA – CFSAN (Center for Food Safety and Applied Nutrition); (ODSP) Office of Dietary Supplement Programs; CDC (Center for Disease Control)
    • USDA – FSIS (Food Safety Inspection Service), AMS (Agriculture Marketing Service), APHIA (Animal Plant Health Inspection Service)
    • FTC – Bureau of Consumer Protection
    • State and local health agencies
  • Defining the scope of each agency’s jurisdiction and authority
    • labeling
    • marketing, promotion and advertising
    • product recalls
  • Examining how each agency exercises its jurisdiction and regulatory authority
    • rule making
    • product decisions
    • enforcement
  • Exploring proposed changes at FDA for the Human Food program
  • Addressing preemption challenges between state and local authorities
    • understanding when federal laws preempt state regulation
    • examining how state authorities exercise their authority despite preemption