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FDA and USDA Call for a Definition of Ultra-Processed Foods

On July 23, 2025, the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) announced a joint Request for Information (RFI) to gather information and data to help establish a federally recognized...more

Operation Stork Speed Update: FDA Issues RFI for Infant Formula Nutrition Review

On May 14, as part of Operation Stork Speed (the Operation), the U.S. Food and Drug Administration (FDA) issued a request for information (RFI) to begin its review of infant formula nutrition requirements. FDA’s last...more

Virginia Enacts Baby Food Safety Law

On May 2, Governor Youngkin signed the Baby Food Protection Act. The law is very similar to Maryland's Rudy's Law, which we wrote about last year. The Virginia law will become effective January 1, 2026 and will not apply to...more

Compliance and Safety: Look to Both When Evaluating the Compositions of Your FDA-Regulated Products

The composition of FDA-regulated products is coming under increasing scrutiny from FDA, state governments, consumer watchdog groups, and the plaintiff’s bar. ...more

FDA Launches Operation Stork Speed to Make Infant Formula Healthy Again

On March 18, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) announced the launch of Operation Stork Speed “to enhance [FDA’s] efforts to ensure the ongoing quality, safety,...more

FDA to Phase Out Eight Artificial Dyes by 2026

On April 22, 2025, the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration announced a series of new measures to quickly phase out all petroleum-based synthetic dyes from the nation’s food...more

Food Industry Braces Itself as FDA Announces Plan to Ban Artificial Dyes

On April 21, 2025, it was reported that the U.S. Department of Health and Human Services (HHS) has released a media advisory describing the Food and Drug Administration’s (FDA) intention to remove petroleum-based synthetic...more

Healthy or Not? FDA Explains New Standards in Latest Webinar

On April 10, 2025, the Food and Drug Administration (FDA) released a pre-recorded webinar outlining the updated "healthy" nutrient content claim rule. As we previously discussed, the rule will go into effect on April 28,...more

West Virginia Enacts Newest Artificial Food Dye Ban

As we previewed, West Virginia is the latest state to regulate food dyes. On Monday, Governor Patrick Morrisey signed HB2354, deeming the following food additives unsafe and prohibiting their use, with some limited...more

[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more

Red Dye No. 3 Ban at FDA and What's Next

On January 15, 2025, the Food and Drug Administration (FDA or Agency) issued an order to revoke the authorization for the use of FD&C Red No. 3 (Red No. 3) in food and ingested drugs in response to a 2022 color additive...more

FDA Issues Final Rule Updating the Criteria for Use of the "Healthy" Nutrient Content Claim

On December 19, 2024, the Food and Drug Administration (FDA) announced a final rule updating the definition of the term "healthy" as used in food labeling. Under the rule, manufacturers may use the term "healthy" and similar...more

Update: California Enacts Color Additive Ban

Last Friday, California Governor Gavin Newsom signed the California School Food Safety Act (AB2316). The new law will prohibit California's public schools from serving school meals containing any of the following synthetic...more

Update: A Proposed California Color Additive Ban and a BVO Class Action Lawsuit

We previously covered California's landmark Food Safety Act, the legislative proposals inspired by it, and the FDA's final rule revoking the authorization of brominated vegetable oil (BVO) in food products. Since then, there...more

Food and Color Additives - Is the Patchwork Here?

State legislatures are actively pursuing bans on food and color additives.  California’s landmark Food Safety Act (Act), effective January 2027, bans the manufacture and sale of products containing brominated vegetable oil...more

Maryland Requires Baby Food Manufacturers to Test for Toxic Heavy Metals

We want to inform you of a new law in Maryland, effective January 1, 2025, that mandates baby food manufacturers to test for toxic heavy metals, excluding infant formula. Known as Rudy’s Law, this legislation was inspired by...more

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