FDA's Reportable Food Registry Makes a Profound Impact

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Stoel Rives food liability attorney Ken Odza reports on lively discussions over the litigation impacts of the federal Reportable Food Registry ("RFR") at the American Bar Association's recent Food & Supplements CLE at Coca-Cola World Headquarters in Atlanta. The RFR was created by Congress as part of the Food and Drug Administration ("FDA") Amendments Act of 2007 and requires that a company submit a report to the FDA within 24 hours of discovering reportable adulterated food.

Odza said two hot button issues discussed at the ABA CLE were whether the FDA (1) intends to use the RFR as an enforcement as well as informational tool, and (2) will move towards the concept of "control" and away from "possession" in interpreting one of the key exceptions to the reporting requirement. Odza added that the FDA's expected amendments to its draft RFR guidance document should help clarify these issues and should be closely monitored by the food industry.

"FDA's Reportable Food Registry Profoundly Impact Litigation and Food Industry" was posted by the ABA Section of Litigation (Products Liability), April 19, 2011.

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