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FDA Issues Proposed Rule Extending Compliance Date for Food Traceability Rule

The United States Food and Drug Administration (“FDA”) recently issued a proposed rule to extend the compliance date for the final rule “Requirements for Additional Traceability Records for Certain Foods” (the “Traceability...more

FDA Proposes Revoking Standards of Identity for 52 Food Products

On July 16, 2025, the U.S. Food and Drug Administration (FDA) announced plans to revoke the standards of identity for 52 food products the agency characterizes as obsolete. To do this, FDA has issued three proposed rules and...more

MAHA Commission Releases Make Our Children Healthy Again Assessment

Yesterday, the Make America Healthy Again (“MAHA”) Commission released its highly anticipated Make Our Children Healthy Again Assessment (“Assessment”), which aims to examine “the root causes of deteriorating child health.”...more

FDA Announces Plans for Post-Market Chemical Review Program

The U.S. Food and Drug Administration (FDA) recently announced plans to update its post-market food chemical review program. In its announcement, FDA explained that its forthcoming plans will take a proactive approach to...more

White House Issues Executive Order Limiting Criminal Enforcement of Regulatory Offenses

On May 9, 2025, the White House issued an Executive Order, “Fighting Overcriminalization in Federal Regulations,” that seeks to place limits on the criminal enforcement of regulatory offenses, particularly those that impose...more

FDA announces expanded use of unannounced inspections at foreign manufacturing facilities

On May 6, 2025, the U.S. Food and Drug Administration (FDA) announced that it intends to expand its use of unannounced inspections at foreign manufacturing facilities. This announcement applies to facilities that produce...more

HHS Secretary Directs FDA to Explore Rulemaking to Eliminate Self-GRAS Pathway

The Secretary of the U.S. Department of Health and Human Services (HHS), Robert F. Kennedy, Jr., recently issued a press release directing the Food and Drug Administration (FDA) to take steps to explore possible rulemaking to...more

Trump Administration Issues Two Executive Orders Affecting Agency Regulations and Workforce

President Donald Trump recently issued two executive orders furthering his policy to reduce the number of federal regulations and the size of the federal workforce, both of which will affect the food and agriculture...more

Dietary Guidelines Advisory Committee Releases Scientific Report for 2025-2030 Dietary Guidelines for Americans

The Dietary Guidelines Advisory Committee (DGAC) recently released its Scientific Report, which will serve as the basis of the recommendations in the 2025-2030 Dietary Guidelines for Americans. Several of the Report’s key...more

OMB releases Spring 2024 Unified Agenda of Regulatory Actions

The White House Office of Management and Budget (OMB) recently released the Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions, which outlines the rulemaking actions currently under development by each federal...more

USDA issues final rule updating school nutrition standards

The U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service (FNS) recently issued a final rule to update its school nutrition standards, requiring changes to school meal programs starting in the 2025-2026 school...more

FDA Releases Revised Appendix 1 and Introduction to Hazard Analysis and Preventive Controls Draft Guidance

The U.S. Food and Drug Administration (FDA) recently released an update of its multi-chapter draft guidance, “Hazard Analysis and Risk-Based Preventive Controls for Human Food: Draft Guidance for Industry” (PCHF Draft...more

Food Law Preview - Key issues affecting the food industry in 2024

2024 is poised to be a big year for food regulation, particularly as federal agencies work to implement their regulatory agendas in preparation for a possible change in administration after the 2024 election. Here are the key...more

OMB releases Fall 2023 Unified Agenda of Regulatory Actions

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

FDA releases draft guidance on food allergen programs under the Preventive Controls rule

The U.S. Food and Drug Administration (FDA) recently issued a new food allergen-focused chapter of its Hazard Analysis and Risk-Based Preventive Controls for Human Food draft guidance. The new chapter addresses allergen...more

California’s Attorney General Issues Enforcement Advisory Letter Regarding PFAS in Food Packaging

On October 17, California Attorney General (AG) Rob Bonta released an enforcement advisory letter, reportedly sent to 140 food packaging manufacturers, reminding manufacturers, distributors, and sellers of food packaging of...more

FDA releases Draft Compliance Policy Guide for Major Food Allergen Labeling and Cross-contact

On May 16, 2023, the U.S. Food and Drug Administration (FDA) released a draft Compliance Policy Guide (CPG) for FDA staff regarding major food allergen labeling and cross-contact. The draft CPG would replace the existing...more

A Seat at the Table | Hogan Lovells Monthly Food Digest - March 2023

Welcome to A Seat at the Table, Hogan Lovells Monthly Food Digest, where we share our thoughts and insights about some of the past month’s more notable developments when it comes to food regulation....more

FDA issues draft guidance on labeling of plant-based milk alternatives

On February 22, 2023, the U.S. Food and Drug Administration (FDA) issued a draft guidance document recommending that plant-based alternative milks that use “milk” in the name (e.g., “soy milk”, “almond milk,” “oat milk”), and...more

USDA issues proposed rule to update school nutrition standards

The U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service (FNS) recently issued a proposed rule to update its school nutrition standards. The rule proposes long-term standards, starting in the 2024-2025 school...more

FDA to test front of pack nutrition labeling schemes through consumer research

The U.S. Food and Drug Administration (FDA) continues to explore the development of a standardized front of package (FOP) nutrition labeling scheme by conducting consumer research....more

U.S. Food Law Preview - Key issues affecting the food industry in 2023

We’re a few weeks into 2023, and while some new year’s resolutions may have already fallen to the wayside, there are plenty of food law issues that will take us through 2023 and beyond. Here are key issues the Hogan Lovells...more

Maine DEP reverses course and clarifies food packaging containing PFAS need not be reported

The Maine Department of Environmental Protection (DEP) made important updates to its website last week, stating that product packaging, including food packaging, that contains intentionally added per- and poly-fluoroalkyl...more

FDA issues final and draft guidance on allergen labeling requirements

On November 29, the U.S. Food and Drug Administration (FDA) issued two guidance documents about food allergen labeling requirements. First, FDA issued a draft guidance titled Questions and Answers Regarding Food Allergens,...more

FDA issues notable new round of warning letters involving foods with added CBD

On November 16, 2022, the United States Food and Drug Administration (FDA) issued Warning Letters to five companies that market food and beverage products containing cannabidiol (CBD). FDA takes the position that the...more

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