News & Analysis as of

Food Manufacturers Disclosure Requirements

Haynes Boone

Louisiana to Require Disclosures of Specified Food and Color Additives

Haynes Boone on

Now the law in Louisiana, Senate Bill 14 (S.B. 14) not only prohibits certain food ingredients in school-provided meals and beverages, but also requires food manufacturers to disclose the presence of certain food additives...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

Lowndes

New Fee Disclosure Requirements for Food Service Establishments

Lowndes on

Florida Senate Bill 606, signed into law on June 2, 2025, amends current Fl. St. 509.214 to provide several new operations fee disclosure requirements for food service establishments....more

Jackson Lewis P.C.

On the Menu: Florida SB 606 Serves Up More Rigid Requirements for Restaurants to Disclose Operations Charges

Jackson Lewis P.C. on

Amendments to Florida law on notification of automatic gratuity charges create more stringent requirements for how restaurants communicate operations charges to customers. Restaurant owners should review and update their...more

Kilpatrick

Ninth Circuit Narrows Path for Omission-Based Consumer Claims in Baby Food Class Actions

Kilpatrick on

We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New...more

Venable LLP

Virginia Enacts Baby Food Safety Law

Venable LLP on

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

Morgan Lewis - Well Done

Proposed Nutrition and Allergen Labeling Changes for Alcoholic Beverages: Key Takeaways

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has published a pair of proposed rules that if finalized could significantly reshape alcohol beverage labeling in the United States. In a move aimed at improving transparency...more

Jenner & Block

Microplastics Can Lead to Big Lawsuits

Jenner & Block on

Microplastics are small plastic particles released from plastic products as they break down over time, and they are present everywhere in the environment . Although there is not yet conclusive scientific evidence...more

Perkins Coie

Bioengineered Foods: USDA Solicits Comments on Potential Revisions to Digital Disclosure Option

Perkins Coie on

USDA’s Agricultural Marketing Service (USDA-AMS) recently published a Request for Information soliciting stakeholder input on the electronic or digital link disclosure option for bioengineered (BE) foods under the National...more

Hogan Lovells

USDA seeks information regarding revisions to digital disclosure option for bioengineered foods

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a Request for Information (RFI) asking interested parties to submit comments regarding potential revisions to the current...more

Hogan Lovells

USDA finalizes updates to List of Bioengineered Foods

Hogan Lovells on

The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has issued a final rule updating the List of Bioengineered Foods (the List) under the National Bioengineered Food Disclosure Standard (the...more

Hogan Lovells

Court invalidates text message option under Bioengineered Food Disclosure Standard

Hogan Lovells on

A court has invalidated the portion of the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service’s (AMS’s) final rule implementing the National Bioengineered Food Disclosure Standard (BE Rule) that allows...more

Eversheds Sutherland (US) LLP

USDA seeks comments on annual updates to list of bioengineered foods

On July 22, 2022, the US Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) opened up public comment on a proposed rule to make two changes to the List of Bioengineered Foods (the List). The National...more

Hogan Lovells

USDA releases proposed rule on tournament system

Hogan Lovells on

On May 26, 2022, the United States Department of Agriculture (USDA) announced a long-anticipated proposed rule on performance-based poultry grower compensation, commonly called the “tournament system.” The proposal would...more

K&L Gates LLP

Litigation Minute: New Bioengineered Food Disclosure Rules and Litigation Risks

K&L Gates LLP on

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As of 1 January 2022, certain retailers, manufacturers, and importers are required to disclose the presence of bioengineered food and food that contains bioengineered...more

Hogan Lovells

USDA makes filing in lawsuit on BE food disclosure

Hogan Lovells on

USDA has filed its opposition to summary judgement in the case filed by the Center for Food Safety (CFS) regarding the agency’s implementation of the National Bioengineered Food Disclosure Standard (“BE rule”). As you may...more

Morgan Lewis - Well Done

USDA Bioengineered Food Disclosure Rule Goes Into Effect on January 1, 2022

The US Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published a final rule on December 21, 2018, implementing the National Bioengineered Food Disclosure Standard (NBFDS). Beginning on January 1,...more

Morgan Lewis - Well Done

Sesame Becomes Newest Major Food Allergen

US President Joseph Biden signed into law the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) in April, establishing sesame as the ninth major food allergen under the Federal Food ...more

Alston & Bird

Bioengineered Foods in the Spotlight: Updating the BE Food List and a Challenge to the USDA’s NBFDS Rule

Alston & Bird on

The U.S. Department of Agriculture issued a request for comments on its recommendations to update the List of Bioengineered Foods and is facing a federal lawsuit challenging key aspects of the National Bioengineered Food...more

Hogan Lovells

AMS Requests Comments on Updates to List of Bioengineered Foods for National Bioengineered Food Disclosure Standard

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) is seeking comments on recommendations to update the List of Bioengineered Foods (List) under the National Bioengineered Food Disclosure...more

Beveridge & Diamond PC

USDA Issues Guidance to Facilitate Compliance with Bioengineered Food Disclosure Standard

Key Takeaways: What Happened: USDA published guidance describing two pathways for regulated parties to demonstrate that a product is exempt from federal bioengineered food labeling requirements....more

Alston & Bird

USDA AMS Issues Bioengineered Food Disclosure Testing and Validation Guidance

Alston & Bird on

The U.S. Department of Agriculture’s Agricultural Marketing Service released two final guidance documents on detectability testing and procedures to validate a refining process for use in evaluating whether a food or...more

Hogan Lovells

AMS Releases Draft Instructions on Testing Methods for the National Bioengineered Food Disclosure Standard

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has released Draft Instructions on Testing Methods (Draft Instructions) for use in compliance with the National Bioengineered Food Disclosure...more

Hogan Lovells

AMS Releases Draft Instructions on Validating a Refining Process for National Bioengineered Food Disclosure Standard

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) is seeking public comment on draft instructions to validate a refining process under the National Bioengineered Food Disclosure Standard...more

Hogan Lovells

FDA Issues Final Rule on Front-of-Pack Calorie Disclosures Used for Vending Machine Labeling Compliance

Hogan Lovells on

The Food and Drug Administration (FDA) issued a final rule to revise the type size requirements for front-of-pack (FOP) calorie declarations that are used to comply with the vending machine calorie labeling requirements. The...more

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