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FDA Recommends Social Distancing in Food Facilities to Prevent the Spread of COVID-19

Client Alert | 1 min read | 04.08.20

Continuing its efforts to ensure a continuous and safe supply of food during the COVID-19 Public Health Emergency, on April 5, 2020, the U.S. Food and Drug Administration (FDA) updated its Questions & Answers for Industry on food safety and COVID-19 to address social distancing in food production/processing facilities and retail food establishments where employees typically work in close proximity.

In light of the Centers for Disease Control and Prevention’s (CDC’s) recommendation that individuals should maintain a distance of 6 feet from others, FDA suggests that food production/processing facilities and retail food establishments should evaluate their operations and determine if changes can be made to increase employee separation. However, FDA recognizes that in many facilities, maintaining a minimum 6-foot distance between employees is not possible.

To address this issue, FDA recommends that food production/processing facilities and retail food establishments ensure proper hygiene practices, including frequent and proper handwashing, regular cleaning of all surfaces, and wearing face coverings under appropriate circumstances. FDA further urges collaboration with state and local officials to ensure an appropriate response to the COVID-19 pandemic.

Finally, FDA encourages sick employees to comply with CDC guidelines, which urges sick individuals to stay at home, except to get medical care. With increased reports of workers in both manufacturing and retail facilities falling ill, we expect FDA will continue to make best practice recommendations to keep critical food supply chains open.

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Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....