A group of environmental and consumer organizations, led by the International Center for Technology Assessment, has filed a complaint in the US District Court for the Northern District of California which seeks to compel FDA to act on a 2006 Petition regarding the affirmative regulation of nanotechnology by FDA. Because of the increasing use of nanotechnology in foods and food contact materials, we follow this issue closely in both the US and the European Union.

We note that FDA has published, in June 2011, a Draft Guidance titled "Considering Whether an FDA-Regulated Product Involves the Application of Nanotechnology".

Posted below are: (1) the complaint filed on December 21; (2) the 2006 Petition; and (3) the FDA Draft Guidance of June 2011.