Ep. 176. Sarah Brew: What Does the Overturning of the 1984 Chevron Ruling Mean for Food Safety?

Food Safety Matters

Sarah L. Brew, J.D. leads Faegre Drinker LLP's nationally recognized food litigation and regulatory practice. She is one of the country's leading food lawyers, representing food industry companies in a variety of complex cases, including many of the highest-profile and most media-scrutinized outbreaks and recalls over the past two decades. She also counsels clients on regulatory compliance, guiding them through U.S. Food and Drug Administration (FDA) inspections, recalls, warning letters, and enforcement actions; and advises on food safety, labeling, and marketing regulations and risk management issues. As a leading voice in food law, Sarah speaks nationally at food law conferences and before industry groups.

In this episode of Food Safety Matters, we speak with Sarah [33:43] about:

• The June 28, 2024 Supreme Court ruling on Loper Bright Enterprises v. Raimondo, which overturned the Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. decision of 1984, and the new ruling’s regulatory implications for the food industry
• How the Loper Bright decision could open up an avenue for industry to challenge important FDA or U.S. Department of Agriculture (USDA) decisions, and the difficulties plaintiffs would face in actually challenging such decisions
• Ways in which the Loper Bright ruling might influence FDA and USDA rulemaking processes to prevent decisions from being challenged and ruled “unreasonable” in the future
• The potential for inconsistent application of food regulations arising from court rulings made under the new Loper Bright standard
• In general, the potential impacts that the Loper Bright ruling could have on food industry regulations and food safety.

News and Resources

Consumer Reports Raises Alarm Over Rocket Fuel Chemical in Kids’ Foods [4:18]FDA: Limited Scientific Evidence Does Not Show Microplastics in Food, Packaging Pose Health Risk [11:14]Experts Recommend Codifying Food Safety Culture After Major STEC Outbreak at Calgary Childcare Facilities [18:55] FDA to Hold Public Meeting on Development of Postmarket Food Chemical Assessment Process [26:16] FDA Human Foods Program (and CFSAN) Career Opportunities [26:49] USDA-FSIS Publishes Final Regulatory Framework for Salmonella in Raw Poultry [27:47]EPA Immediately Suspends Use of Herbicide Dacthal With Emergency Order [28:36]

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