Washington Legal Foundation

Those guidance documents the Food and Drug Administration hands out to food manufacturers and others don’t mean as much as they once did. The Department of Justice has changed its policy so government lawyers will no longer rely on guidance documents to establish civil law infractions.

The policy change was not a surprise. Attorney General…

The Food and Drug Administration’s penchant for “guidance” documents as opposed to formal rulemaking needs to end, according to a business-oriented public interest legal foundation.

“FDA’s turn away from notice-and-comment rulemaking has an obvious motive: Formal rulemaking can be quite cumbersome, and FDA would prefer where possible to avoid the time and expense involved,” says…

The Acting Solicitor General of the United States has filed “the brief of respondent United States in opposition” to any further Supreme Court review of terms of imprisonment for two egg producers under the so-called “responsible corporate officer” (RCO) doctrine—which is said to be a rare instance of strict supervisory liability in the criminal law.…

After a string of successful prosecutions of food industry managers and executives, the defense bar is getting ready to bite back. The teeth are showing in the title of an upcoming web seminar: “Do Criminal Prosecutions Make Food Safer? The Problem with Regulating Food Safety Through Criminalization.” The seminar is being organized by the Washington…