Coronavirus (COVID-19)

U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the maintenance deadline. The COVID-19 crisis has disrupted businesses and some owners may have had to shut their doors or stop selling products. How do trademark owners maintain their trademark registrations if their businesses have been disrupted?

Continue Reading How to Maintain Trademark Registrations in a Pandemic

Despite the best of intentions to comply with the myriad of laws, orders and recommendations and to “do right” by employees while dealing with the current pandemic and recession, employers remain vulnerable to a whole host of potential COVID-19-related claims. Husch Blackwell’s Labor & Employment team is closely following the ever-changing guidance and return-to-work orders

Recently, the Centers for Disease Control (CDC) and Occupational Safety and Health Administration (OSHA) jointly issued an interim guidance to meat and poultry processing companies to facilitate continued operations and mitigate the risk of spreading COVID-19.  This interim guidance document marks the first time the federal government has issued comprehensive recommendations to a specific industry on safe operation of a facility during the COVID-19 public health emergency.
Continue Reading CDC issues Guidance for Meat and Poultry Processors with OSHA, President Issues Executive Order to Reopen Facilities

The U.S. Food and Drug Administration (FDA) announced updated plans for conducting routine inspections of domestic and foreign inspections during the COVID-19 public health emergency.  In March, FDA announced that it was temporarily suspending routine inspections of domestic and foreign facilities, except “mission critical” inspections, as well as conducting remote inspections of food importers subject to the Foreign Supplier Verification Programs.  FDA intends to continue suspending routine inspections for the time being and states that it will resume those inspections when local, national, and international conditions warrant.
Continue Reading FDA Provides Updated Plan on Inspections During COVID-19

The  issued Industry Circular 2020–3 on May 8, 2020 which clarifies the applicability of the trade practice provisions of the Federal Alcohol Administration (FAA) Act and TTB regulations during the COVID-19 public health emergency.  The guidance is in effect only from March 1, 2020 through September 30, 2020.
Continue Reading TTB Relaxes Certain Trade Practice Rules During COVID-19

The U.S. Food and Drug Administration (FDA) and Alcohol and Tobacco Tax and Trade Bureau (TTB) have issued new and updated guidance documents in addition to those previously published in order to address the decreased market supply of hand sanitizer products resulting from the rapid spread of the COVID-19 pandemic.
Continue Reading FDA and TTB Issue Additional Guidance on Hand Sanitizer Manufacturing, CARES Act Provides Tax Relief

Over the last several days, the U.S. Food and Drug Administration (FDA) has updated its recommendations for food manufacturers and food retailers during the COVID-19 public health emergency.  While FDA continues to underscore that there is no evidence of food or food packaging being associated with the transmission of COVID-19, FDA as updated its recommendations based upon updated guidance provided by the Centers for Disease Control and Prevention (CDC).
Continue Reading FDA Updates Recommendations on Social Distancing and Use of PPE for Food Companies

The U.S. Food and Drug Administration (FDA) announced a new policy to provide flexibility for restaurants and food manufacturers that have products on hand that are not labeled for retail sale (i.e. labeled for foodservice). To facilitate food distribution during the COVID019 pandemic, FDA released a guidance document, Guidance for Industry: Temporary Policy Regarding Nutrition Labeling of Certain Packaged Food During the COVID-19 Public Health Emergency, which allows restaurants and food manufactures to sell food products without nutrition labeling under certain circumstances. FSIS provided similar flexibility for FSIS regulated products last week.
Continue Reading Following FSIS Lead, FDA Announces Flexibility on Nutrition Labeling Requirements for Foodservice Products Diverted to Retail