News & Analysis as of

Food Safety Regulatory Agenda

DLA Piper

Food and Beverage News and Trends - May 2025 #2

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FDA approves three color additives derived from natural sources. In order to “expand the palette of available colors from natural sources for manufacturers to safely use in food,” the FDA announced on May 9 that it has...more

Ervin Cohen & Jessup LLP

FDA and HHS to Phase Out Petroleum-Based Synthetic Dyes in Food

On April 22, 2025, the  U.S. Department of Health and Human Services (“HHS”) and U.S. Food and Drug Administration (“FDA”) announced new measures to phase out all petroleum-based synthetic dyes from the U.S. food supply....more

Skadden, Arps, Slate, Meagher & Flom LLP

FDA at the Start of the Trump Administration: A Cheat Sheet

There has been a flurry of activity at the Food and Drug Administration (FDA) since the start of the Trump administration. Day-to-day operations at FDA are already significantly altered, and we expect the trickle-down effects...more

Morgan Lewis - Well Done

The Future of Artificial Colors in the US Food Supply Is Not So Bright

Only weeks after being confirmed, the Department of Health and Human Services (HHS) secretary has advised food companies to remove artificial colors from their food products. He recently met with several major food brand...more

Akin Gump Strauss Hauer & Feld LLP

HHS, FDA Announce Multiple Initiatives on Food Safety, Quality and Compliance Fronts

In the past week, the U.S. Food and Drug Administration (FDA), in collaboration with the Department of Health and Human Services (HHS) announced three new initiatives related to food safety and food supply chain transparency....more

ArentFox Schiff

Five Key Topics for Beverage and Food Companies in 2025

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2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the...more

Holland & Knight LLP

HHS Explores Stronger FDA Oversight for Food Ingredients

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U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. announced on March 10, 2025, that he directed the acting commissioner of the U.S. Food and Drug Administration (FDA) to explore potential...more

Kelley Drye & Warren LLP

Maine Lawmakers Introduce First-Ever Bill to Limit PFAS in Food

While several states, including Minnesota, Rhode Island, and Maine, have moved to ban per- and polyfluoroalkyl substances (PFAS) in cookware products, no state has yet established specific limits for PFAS levels in food. This...more

DLA Piper

Food and Beverage News and Trends - February 2025 #2

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. Jim Jones, Deputy Commissioner for Human Foods at the US Food and Drug...more

Foley & Lardner LLP

Make Food “Healthy” Again: FDA’s Resolution for a Healthier 2025

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The U.S. Food and Drug Administration (FDA) began 2025 with a resolution to make food “healthy” again by announcing a trio of new final and proposed rules that are intended to make it easier for consumers to identify healthy...more

Davis Wright Tremaine LLP

New Administration Outlook: Four Food Industry Insights, From RFK to FDA and SNAP to Tariffs

With the confirmation of Robert F. Kennedy Jr. as secretary of Health and Human Services, as well as Brooke Rollins as secretary of the Department of Agriculture, key leadership impacting the nation's food supply is changing...more

Perkins Coie

President Trump Creates “Make America Healthy Again” Commission

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On February 13, 2025, immediately following Robert F. Kennedy Jr.’s confirmation and swearing in as secretary for the U.S. Department of Health and Human Services (HHS), President Donald Trump signed an executive order (EO)...more

McDermott+

McDermott+ Check-Up: January 31, 2025

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Senate Finance, HELP Committees Hold RFK Jr. Nomination Hearings. RFK Jr., nominated for Secretary of Health and Human Services (HHS), testified before the Senate Finance Committee on January 29 and before the Senate Health,...more

Husch Blackwell LLP

FDA Bans the Use of Red No. 3 in Food and Ingested Drugs

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On January 16, the U.S. Food and Drug Administration (FDA) announced that it is revoking the authorization for use of FD&C Red No. 3 in food (including dietary supplements) and ingested drugs. The dye is commonly used in...more

DLA Piper

FDA Issues Proposed Rule on Front-of-Package Nutrition Labeling

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The US Food and Drug Administration (FDA) has released its proposed rule on front-of-package (FOP) nutrition labeling. Announced on January 14, 2025, the proposed rule would add a requirement to include an informational box...more

Perkins Coie

FDA Releases Draft Guidance on the Labeling of Plant-Based Foods

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The U.S. Food and Drug Administration (FDA) recently published draft guidance on the Labeling of Plant-Based Alternatives to Animal-Derived Foods (Draft Guidance). The Draft Guidance recommends best practices for naming...more

Hogan Lovells

FDA issues Guidance on Interim Animal Food Ingredient Consultation (AFIC) Process

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On January 6, 2025, the U.S. Food and Drug Administration’s (FDA) Center for Veterinary Medicine (CVM) issued its final guidance on the interim Animal Food Ingredient Consultation (AFIC) process, which FDA positions as a...more

Akin Gump Strauss Hauer & Feld LLP

FDA Issues RFI on PFAS in Seafood

On November 19, 2024, FDA issued a request for information (RFI) on per-and polyfluoroalkyl substances (PFAS) in seafood. Specifically, the agency is seeking scientific data and information from the seafood industry and other...more

Holland & Knight LLP

Podcast - 2024 Election Impacts on Food and Agriculture Policy

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In this special Eyes on Washington miniseries, Public Policy & Regulation Group members Peter Tabor, Liz Craddock, Kayla Gebeck Carroll, Isabel Lane and Chris DeLacy explore the potential effects of the upcoming November...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - October 2024 #2

The Animal Legal Defense Fund (ALDF) and a coalition of 16 other organizations and individuals have submitted a petition for rulemaking calling on the U.S. Food and Drug Administration (FDA) to require that products...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - September 2024

The U.S. Department of Agriculture’s (USDA's) Food Safety and Inspection Service (FSIS) has issued updated guidance on substantiating animal-raising and environment-related labeling claims on meat and poultry products. In the...more

Jones Day

New York's Recipe for Food Marketing: Next Course of Restrictive State Actions?

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A New York Senate bill seeks to amend multiple state laws impacting food and beverage advertising to expand the scope of factors to be considered in determining whether an advertisement is false or misleading....more

Perkins Coie

FDA: Grease-Proofing Substances Containing PFAS No Longer Being Sold

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On February 28, 2024, the U.S. Food and Drug Administration (FDA) announced that grease-proofing substances containing per- and polyfluoroalkyl substances (PFAS) are no longer being sold by manufacturers for food contact use...more

Hogan Lovells

OMB releases Fall 2023 Unified Agenda of Regulatory Actions

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The White House Office of Management and Budget (OMB) recently released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions, which outlines the rulemaking actions currently under development by each federal...more

Perkins Coie

Food Allergen Programs and Acidified Foods: FDA Adds Two New Chapters to its Draft Guidance on Preventive Controls for Human Food

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On September 26, 2023, the U.S. Food & Drug Administration (FDA) added two new chapters to the agency’s draft guidance (the Draft Guidance): Chapter 11: Food Allergen Program and Chapter 16: Acidified Foods. These additions...more

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