News & Analysis as of

Food and Drug Administration (FDA) State and Local Government Food Safety

Kelley Drye & Warren LLP

MAHA Movement Continues to Invite Significant Change for Food Regulation at Federal and State Levels

Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has...more

Holland & Knight LLP

Food For Thought: Texas Enacts Food Product Warning Labels for 44 Chemical Ingredients

Holland & Knight LLP on

Texas Gov. Greg Abbott on June 22, 2025, signed Senate Bill 25 (SB 25), a law that, among other provisions, requires the following consumer warning labeling on foods containing any of 44 ingredients: "WARNING: This product...more

Morrison & Foerster LLP

Newly Enacted Food Ingredient Disclosure Laws: Texas and Louisiana Reshape Food Labeling Compliance Landscape

In June 2025, Texas and Louisiana each enacted legislation mandating new label disclosures for foods containing a number of food and color additives, raising federal preemption and First Amendment questions. Both states have...more

Mayer Brown

HHS and FDA Announce Plans to Phase out Synthetic Food Dyes

Mayer Brown on

On April 22, 2025, the US Food and Drug Administration (FDA) and the US Department of Health and Human Services (HHS) announced a series of steps intended to eliminate all petroleum-based synthetic dyes from the US food...more

K&L Gates LLP

Litigation Minute: Tough to Swallow: Increased State Regulation of and Attention on Contaminants in Food

K&L Gates LLP on

What You Need to Know in a Minute or Less - Until recently, state regulators largely deferred to the US Food and Drug Administration (FDA) to scrutinize and regulate contaminants in food, such as heavy metals. In the past...more

Morrison & Foerster LLP

FDA Seeks to Phase Out Synthetic Color Additives

On April 22, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) announced a major initiative to voluntarily phase out “petroleum-based synthetic dyes” (i.e., synthetic...more

McGuireWoods LLP

West Virginia Joins Growing List of States to Ban Food Dyes

McGuireWoods LLP on

On March 24, 2025, West Virginia Gov. Patrick Morrisey signed House Bill 2354 into law, prohibiting the sale and distribution of food products with certain artificial food dyes and chemicals. The signing of HB 2354 means West...more

Jones Day

Proposed California Legislation Aims to Phase Out Ultra-Processed Foods From School Meals

Jones Day on

California Assembly Bill 1264 reflects continued state interest in restrictive legislation directed at the food and beverage industry and, in particular, food additives. ...more

Venable LLP

West Virginia Enacts Newest Artificial Food Dye Ban

Venable LLP on

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Closing the GRAS Loophole: Secretary Kennedy’s Plan To Enhance FDA Food Safety Regulations

On March 10, 2025, Health Secretary Robert F. Kennedy Jr. initiated a significant shift in the regulation of ultra-processed foods by directing the Food and Drug Administration (FDA) to revise the GRAS (Generally Recognized...more

Womble Bond Dickinson

FDA Sets Action Levels For Lead

Womble Bond Dickinson on

A year ago, the FDA issued draft guidance for lead levels in baby foods. In the year since the FDA issued its draft guidance for lead levels in baby food, two states, California and Maryland, have adopted laws which require...more

Perkins Coie

Federal Changes To Encourage Food Donations

Perkins Coie on

Two recent developments at the federal level are intended to encourage more food donations. First, President Biden signed the Food Donation Improvement Act (FDIA), which expands Good Samaritan liability protections. Second,...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Illinois Adds Sesame to Allergen-Labeling Regulations - Illinois has passed a law requiring businesses to indicate on food labels whether a product contains sesame. The amended law...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2018 #3

LEGISLATION, REGULATIONS & STANDARDS - California Passes Cage-Free Eggs Mandate - California residents voted to pass a measure that will require by 2022 that all eggs sold in the state come from cage-free hens. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | September 2018 #1

LEGISLATION, REGULATIONS & STANDARDS - FDA Provides Update on Added Sugar Labeling for Honey and Maple Syrup - U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb issued a statement providing an update...more

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