Photo of Emily Lyons

Emily grew up on a northern Illinois dairy farm, and now helps clients bridge the gap from farm to fork. She guides clients on complex regulatory issues as they bring dairy products, beverages, fruits and vegetables, processed foods and other agricultural goods to market. At the intersection of agriculture, food and environment, Emily handles compliance matters such as labeling, marketing, permitting and agency inquiries including the Food Safety Modernization Act, Pasteurized Milk Ordinance, USDA National Organic Program and bioengineered food disclosure standard, Generally Recognized as Safe status for food additives and food contact substances, and the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).

On May 26, 2022, the U.S. Food and Drug Administration (FDA) issued Warning Letters to four companies[1] concerning the illegal sale of unapproved animal drugs containing cannabidiol (CBD) intended for use in food-producing animals. These Warning Letters demonstrate the first time the FDA chose to focus on marketing CBD-containing products for use in food-producing animals, as opposed to pets, and the specific concerns related to such use. Food-producing animals, as defined by the FDA, include cattle (veal calves, beef cattle, and dairy cattle), swine, chickens, turkeys, and others (such as lambs).
Continue Reading FDA Issues Warning Letters to Companies Whose Products Are Intended for Use with Food-Producing Animals

Earlier this month, the U.S. Food and Drug Administration (“FDA”) completed guidance to help companies remove violative products from the market in a swift and effective manner. The guidance describes the precautionary steps companies should take to develop recall policies and procedures that include training, planning, and recordkeeping to reduce the amount of time a recalled product is exposed to the public.
Continue Reading FDA Issues Final Guidance for Voluntary Recalls

As part of the PetFood Industry Webinar Series, HB Partners Ryann Glenn and Emily Lyons will be hosting a free webinar about managing FSMA (Food Safety Modernization Act) requirements and pet food product recalls on January 20, 2022.

This presentation will provide an update on how domestic and foreign pet food manufacturers are managing

The meat processing sector has been in the crosshairs of the federal government over that last several years due to increased consumer prices for meat products and complaints from farmers and ranchers. These complaints have rallied the Biden Administration to review and consider addressing these issues which are perceived to be caused by consolidation among meatpackers. Specifically, the Department of Justice (DOJ) and the U.S. Department of Agriculture (USDA) announced on January 3, 2022 their shared principles and commitments to use the Packers and Stockyards Act (P&S Act) and federal competition laws to address complaints regarding alleged anti-competitive behavior within the meatpacking industry. This announcement is in response to  President Biden’s July 9, 2021 Executive Order on Promoting Competition in the American Economy, particularly in the meat and poultry processing sector, as well as USDA’s announcement in July 2021 to begin work to strengthen enforcement of the Packers and Stockyards Act (P&S Act).
Continue Reading DOJ and USDA Agree to Work Together on Enforcement of Meat and Poultry Processing Sector

The Federal Trade Commission (FTC) has launched an inquiry into the ongoing supply chain disruptions affecting a broad array of goods across the economy. Using a compulsory process to investigate the competitive impact of supply chain disruptions in consumer goods, under Section 6(b) of the Federal Trade Commission Act, 15 U.S.C. § 46(b), the FTC is requiring nine large retailers, wholesalers, and consumer good suppliers to supply information on the causes for the disruptions and the ongoing impact for consumers and competition. Additionally, the FTC is requesting comments from the public, including retailers, suppliers, wholesalers, consumers, and other interested parties.

The FTC intends to understand the disruptions better and “examine whether supply chain disruptions are leading to specific bottlenecks, shortages, anticompetitive practices, or contributing to rising consumer prices.”
Continue Reading FTC Investigates Supply Chain Issues and Impact on Consumers

Husch Blackwell Partner Michael Annis and Senior Associate Emily Lyons are slated to provide five On-Demand Webinar Sessions at this year’s Digital Animal Health Summit hosted by the KC Animal Health Corridor on August 24, 2021.

The Digital Animal Health Summit features 1:1 business partnering, on-demand webinars, emerging company presentations and live stream programming with industry leaders. The Summit brings together organizations from within the Kansas City Animal Health Corridor, which is home to more than 300 animal health companies, representing the largest concentration in the world.
Continue Reading Lyons & Annis to speak at Digital Animal Health Summit

Aside from the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I post on COLAs, brewers should consider protecting the trademarks featured on their beer labels.

Trademarks

Since every brewer has a brand, consumers most commonly encounter brewers’ trademarks in the form of a brand name or logo.  Trademarks serve as source identifiers to distinguish the origin of goods and services and avoid consumer confusion.  Typically, a trademark may be a word, phrase, design, or a combination of such items, though trademarks may also protect sounds, colors, and smells under certain conditions.  For a beer label, trademark law is best suited to protect the brewery name, sub-brand or inventive beer name, and any slogans or logos.
Continue Reading Anatomy of a Beer Label: Part II

A beer label tells consumers more than just what the bottle or can contains (e.g., brewed hops, grain, yeast, and water).  Labels inform consumers of important facts like the alcohol content by volume (ABV) and the net contents of the container, and may also provide insight on the flavor profile of the beer or the ethos of the brewery.  Some beer labels may even constitute works of art.  However, brewers should be aware that certain regulatory requirements apply to beer labels in the United States, and that certain forms of intellectual property can protect different aspects of beer labels.  This post is part of a three-part series, with Part I describing the regulatory requirements for a brewer’s beer label and the authorizations and protections those regulatory requirements confer.
Continue Reading Anatomy of a Beer Label: Part I

The U.S. Department of Agriculture (“USDA”) announced late last month that it will be taking measures to support the enforcement of the Packers and Stockyards Act (“P&S Act”), a 100-year-old law designed to protect “poultry farmers, hog farmers, and cattle ranchers from unfair, deceptive and anti-competitive practices within the meat markets.” The proposed revisions involve additional changes to the unlawful conduct provisions of Title II of the P&S Act as well as a menu of grant and loan programs to address problems throughout the food supply chain.
Continue Reading USDA to Begin Work to Strengthen Enforcement of the Packers and Stockyards Act