On April 17, 2025, FDA Commissioner Martin Makary announced a policy directive to limit industry representatives, who are employed by companies regulated by FDA from serving as official members on FDA advisory committees. FDA advisory committees have historically been used by FDA to obtain independent expert advice and recommendations on scientific and technical policy decisions.

FDA’s news release states: “Today’s action will not preclude employees of regulated companies from attending or presenting their views at advisory committee meetings or serving as ...

On April 22, 2025, the  U.S. Department of Health and Human Services (“HHS”) and U.S. Food and Drug Administration (“FDA”) announced new measures to phase out all petroleum-based synthetic dyes from the U.S. food supply.

FDA actions include:

• Establishing a national standard and timeline for the food industry to transition from petrochemical-based dyes to natural alternatives.
• Initiating the process to revoke authorization for two synthetic food colorings—Citrus Red No. 2 and Orange B—within the coming months.
• Working with industry to eliminate six remaining ...

On April 10, 2025, the FDA held a public webinar on the updated criteria for companies to use the “healthy” nutrient content claim. This webinar tracked the final rule issued on December 27, 2024.

The updated criteria for a “healthy” nutrient content claim requires that a food product: (1) contain a certain amount of food from at least one of the food groups or subgroups recommended by the Dietary Guidelines for Americans (fruit, vegetables, grains, fat-free and low-fat dairy and protein foods), and (2) meet specific limits for added sugars, saturated fat and sodium.

The ...

Less than a year ago, the California Supreme Court in Ramirez v. Charter Communications, Inc. opined, in the context of employment arbitration agreements, that there is no bright line rule that requires a court to refuse enforcement if a contract has more than one unconscionable term.  Rather, the appropriate inquiry is qualitative.  “At the outset, a court should ask whether the central purpose of the contract is tainted with illegality. [Citations]. If so, the contract cannot be cured, and the court should refuse to enforce it.”  This ruling gave lower courts the power to ...

The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments. 

The Second District Court of Appeals in California in Leeper v. Shipt, Inc. recently decided that all Private Attorney General Act (“PAGA”) actions necessarily have “individual” and “representative” components, regardless of whether individual claims are pleaded.  This holding was significant because employers could then compel arbitration of the otherwise absent individual PAGA claims ...