Sessions clears way for food companies to ignore FDA guidance

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 Jeff Sessions called out the practice on Nov. 16, 2017, in a memorandum that said: “the department has in the past published guidance documents — or similar instruments of future effect by other names, such as a letter to regulated entities — that effectively bind private parties without undergoing the rulemaking process.”

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