On July 12, 2023, the U.S. Food and Drug Administration (FDA) released a public inventory of certain food ingredients that the agency has determined are unsafe because they are unapproved food additives that are not Generally Recognized as Safe (GRAS) when used as intended. FDA developed this inventory as part of its post-market surveillance of food ingredients. Notable ingredients included in the inventory are cannabidiol (CBD), melatonin, Delta-8-tetrahydrocannabinol (Delta-8-THC), and caffeinated alcoholic beverages. Concurrently, FDA also released lists of select chemicals in the food supply—including food ingredients, food contact substances, and contaminants under agency review.

For more details, read the Perkins Coie Update.

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Photo of Brian P. Sylvester Brian P. Sylvester

Brian Sylvester, a partner in the firm’s Washington, D.C., office, focuses his practice on food and beverage regulatory matters before the U.S. Food and Drug Administration (FDA), the U.S. Department of Agriculture (USDA), and analogous state regulatory bodies.

Photo of Tommy Tobin Tommy Tobin

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false…

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false advertising claims and consumer protection claims for well-known international corporations.