News & Analysis as of

Food Manufacturers Comment Period

ArentFox Schiff

FDA and USDA Seek Public Input to Help Define ‘Ultra-Processed Foods’ as Part of MAHA Campaign

ArentFox Schiff on

On July 23, the US Food and Drug Administration (FDA) and US Department of Agriculture (USDA) announced a coordinated initiative to address health risks associated with so-called “ultra-processed foods.”...more

Morrison & Foerster LLP

FDA Publishes Post-Market Assessment Tool to Rank Chemicals in Food Supply

On June 18, 2025, FDA published a proposed “Post-Market Assessment Prioritization Tool” to guide how the agency plans to rank and prioritize food chemicals under its enhanced post-market review process. FDA’s unveiling of...more

Beveridge & Diamond PC

FDA to Overhaul Post-Market Chemical Review Program for Food Chemicals

Beveridge & Diamond PC on

Key Takeaways - What Happened: The U.S. Food and Drug Administration (FDA) announced plans to update its food safety post-market chemical review program over the next few months to increase transparency and accelerate its...more

Venable LLP

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

Venable LLP on

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

Holland & Knight LLP

USDA Announces Proposed Rule Under Salmonella Framework for Raw Poultry Products

Holland & Knight LLP on

The U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) (collectively, the Agency) on Aug. 7, 2024, issued a proposed rule aimed at reducing Salmonella contamination in raw poultry products...more

Jones Day

FDA on Board With Continuing Remote Inspections

Jones Day on

The Food and Drug Administration ("FDA") recently issued revised draft guidance on remote regulatory assessments ("RRAs")—voluntary or mandatory examinations of food, drug, device, and tobacco establishments and/or their...more

Kelley Drye & Warren LLP

Maine Seeks Feedback on Types of Food Packaging Subject to PFAS Prohibition and Availability of “Safer Alternatives” (Comments...

After years of back-and-forth, the Maine Department of the Environment (“MDEP”) is seeking comment (by this coming Monday) on a “concept draft” regulation identifying the types of food packaging that would fall under a 2019...more

Ervin Cohen & Jessup LLP

FDA Revokes Uses of Partially Hydrogenated Oils in Food

On August 9, 2023, the Food and Drug Administration (“FDA”) announced a direct final rule revoking certain uses of partially hydrogenated oils (“PHOs”) in food. The rule will go into effect on December 22, 2023. Any comments...more

Ervin Cohen & Jessup LLP

FDA Announces Updated Foods Program Priorities

On July 6, 2023, the U.S. Food and Drug Administration (“FDA”) released an updated list of draft and final topics that the agency anticipates publishing guidance documents for by the end of December 2023....more

Morgan Lewis - Well Done

Salt-Shaking it Up: FDA Issues Proposed Rule to Allow Salt Substitutes in Standardized Foods

FDA has consistently pursued its aim of encouraging US consumers to eat less salt. As we have previously written, FDA issued a Voluntary Sodium Reduction guidance in October 2021 to support the reduction of average sodium...more

Hogan Lovells

FDA Invites Comment on Petition Seeking to Repeal Color Additive Listing for Titanium Dioxide in Food

Hogan Lovells on

On April 14, 2023, the U.S. Food and Drug Administration filed a petition submitted by the Environmental Defense Fund (EDF) and several other NGOs requesting that the agency repeal its regulation authorizing the use of...more

Bergeson & Campbell, P.C.

FDA Seeks Comment on Request to Revoke the Color Additive Listing for Use of Titanium Dioxide in Food

The U.S. Food and Drug Administration (FDA) announced on May 3, 2023, that it has filed a color additive petition (CAP 3C0325), submitted by the Environmental Defense Fund (EDF), the Center for Environmental Health (CEH), the...more

Hogan Lovells

FDA seeks comment on food labeling information in e-commerce

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) is requesting comment on the availability of nutrition, ingredient, and allergen information online for packaged foods sold through online grocery shopping platforms.  FDA explains...more

Hogan Lovells

FDA advances nutrition initiatives: dietary guidance statements and salt substitutes in standardized foods

Hogan Lovells on

FDA recently issued two nutrition-related initiatives regarding dietary guidance statements and the use of salt substitutes in standardized foods. The first initiative, a draft guidance, contains agency recommendations on the...more

Hogan Lovells

FTC seeks public comment on possible updates to Green Guides

Hogan Lovells on

The Federal Trade Commission (FTC or the “Commission”) recently announced it will accept public comment on proposed updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides”). In particular, the FTC...more

Arnall Golden Gregory LLP

What is “Healthy Food”? FDA May Know the Answer

On September 28, 2022, the U.S. Food and Drug Administration issued a Proposed Rule to revise the criteria for when foods can be labeled with the nutrient content claim “healthy.” Since 1994, FDA has recognized that when a...more

Foster Garvey PC

Proposed Rule on “Healthy” Labeling

Foster Garvey PC on

Here is what you need to know about the FDA's recent proposed rule on "healthy" labeling. - On September 29, 2022, FDA proposed an amendment to the existing regulation (21 CFR § 101.65) on when “healthy” or similar terms...more

BakerHostetler

FDA Issues Proposed Rule Updating "Healthy" Food Claim Definition

BakerHostetler on

Key Takeaways - ..On September 28, 2022, the FDA issued a proposed rule to update the criteria for which foods can be labeled as “healthy” to align the definition with current nutrition science. ..For the first time,...more

Morrison & Foerster LLP - Class Dismissed

Water Is In, White Bread Is Out: “Healthy” Gets A New Look In 2023

For decades, health-conscious consumers have argued about what it really means for a food to be “healthy.” Is dark chocolate “healthy”? How about breakfast cereal, coffee, or fruit gummies?...more

Hogan Lovells

FDA issues draft guidance on remote regulatory assessments

Hogan Lovells on

DA recently released Draft Guidance on the Agency’s expanded use of remote regulatory assessments (RRAs) to review regulated establishments and / or their records. FDA outlines how it intends this tool to be incorporated...more

Bennett Jones LLP

Stakeholder Consultation on Food Labeling

Bennett Jones LLP on

Health Canada and the Canadian Food Inspection Agency (CFIA) are currently seeking feedback on the development of voluntary guidance for providing information for foods that are sold to consumers through e-commerce. While the...more

Womble Bond Dickinson

Focus on Food Safety: How Proposed Amendments to the Agricultural Water Rule Will Impact Farmers

Womble Bond Dickinson on

When you go to the grocery store or farmer’s market and buy produce (I prefer the latter), do you consider how safe the produce is?  If you are anything like me, perhaps you have wondered about the regulatory requirements...more

Ervin Cohen & Jessup LLP

FDA Foods Program Releases Guidance Topics

On June 29, 2021, the U.S. Food and Drug Administration’s (“FDA”) Center for Food Safety and Applied Nutrition and Office of Food Policy and Response released a list of draft and final guidance topics that are a priority for...more

Hogan Lovells

Reminder: Opportunity to comment on draft “healthy” symbols for FDA’s planned consumer research

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) has released draft options for a new voluntary “healthy” symbol for packaged foods to depict the nutrient content claim. As previously noted, on 7 May 2021 the FDA issued a notice...more

Hogan Lovells

FDA to test voluntary “healthy” symbols through consumer research

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) has recently signaled its continued interest in developing a voluntary “healthy” symbol for packaged foods as a representation of the nutrient content claim....more

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