News & Analysis as of

Food Manufacturers Regulatory Agenda

McDermott Will & Schulte

Bye-bye, bright dyes: Strategies for responding to FDA’s synthetic food dye phase-out

On April 22, 2025, the US Food and Drug Administration (FDA) and the US Department of Health and Human Services (HHS) announced a plan to phase out petroleum-based synthetic dyes from the US food supply by the end of 2026,...more

Holland & Knight LLP

Recent FDA Actions Pose Big Changes and Questions for Health and Food Industries

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Over the first weeks of July 2025, the U.S. Food and Drug Administration (FDA) has issued several announcements heralding new policies and proposed regulatory changes that could dramatically impact the drug, biologics and...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

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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

Hogan Lovells

HHS, FDA Issue RFI on Deregulatory Plan to Lower Costs and Empower Providers

Hogan Lovells on

Earlier this week, the Department of Health and Human Services (HHS) published a broad request for information (RFI) seeking input on how to “dramatically deregulate across all areas the Department touches.”1 It specifically...more

Clark Hill PLC

The Learned Concierge - May 2025, Vol. 19

Clark Hill PLC on

Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. Alcohol Law - New Colorado Law Limits Grocery Stores’ Ability to Sell Hard Alcohol - Michael...more

Ervin Cohen & Jessup LLP

FDA and HHS to Phase Out Petroleum-Based Synthetic Dyes in Food

On April 22, 2025, the  U.S. Department of Health and Human Services (“HHS”) and U.S. Food and Drug Administration (“FDA”) announced new measures to phase out all petroleum-based synthetic dyes from the U.S. food supply....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

ArentFox Schiff

Five Key Topics for Beverage and Food Companies in 2025

ArentFox Schiff on

2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the...more

Holland & Knight LLP

HHS Explores Stronger FDA Oversight for Food Ingredients

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U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. announced on March 10, 2025, that he directed the acting commissioner of the U.S. Food and Drug Administration (FDA) to explore potential...more

Ice Miller

FDA Final Rule for “Healthy” Nutrient Content Claims Effective Date Looms but Rule’s Future Is Uncertain

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After years of rulemaking with impassioned input from food producers, industry stakeholders, and consumer groups, on December 27, 2024, the Food and Drug Administration (FDA or Agency) published a final rule titled “Food...more

Mintz - Health Care Viewpoints

FDA Continues Push to Improve Food Labeling Practices in the United States

In September 2022, former President Biden convened the White House Conference on Hunger, Nutrition, and Health, during which the White House introduced its National Strategy on Nutrition and Health (National Strategy). The...more

Perkins Coie

Q4 2024: Food and CPG Legal Trends

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We are pleased to share our Q4 Food and Consumer Packaged Goods (CPG) Legal Trends report. This report is a bite-size version of our annual year in review, providing timely insights on legal trends in the space. In Q4 of...more

Clark Hill PLC

Red Dye No 3: Old Data Induces New Ban

Clark Hill PLC on

On January 16, 2025 the federal Food and Drug Administration (FDA) issued notice requiring manufacturers to reformulate their products removing Red Dye No. 3 by January 15, 2027 for food (21 CFR §74.303) and January 18, 2028...more

Davis Wright Tremaine LLP

FDA's Definition of "Healthy" … Updated Just in Time for New Year's Resolutions

After years of talk, the U.S. Food and Drug Administration in mid-December 2024 at last finalized an updated definition of the implied nutrient content claim "healthy." The original definition of "healthy" dates back to the...more

Alston & Bird

Updates to the Dietary Guidelines? HHS and USDA Request Public Input

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Our Food & Beverage Team discusses how looming changes to federal dietary guidelines and new Make America Healthy Again initiatives could impact the food and beverage industry in 2025....more

McDermott Will & Schulte

FDA’s Fresh Take on Use of “Healthy” in Food Labeling

On December 19, 2024, the US Food and Drug Administration (FDA) issued a new final rule titled “Food Labeling: Nutrient Content Claims; Definition of Term ‘Healthy.’” The rule revises regulations that govern when food...more

Perkins Coie

Q3 2024 - Food and CPG Legal Trends

Perkins Coie on

Perkins Coie is pleased to publish its Q3 Food and CPG Legal Trends Report. This report is a bite-size version of our annual year in review, providing timely insights on trends. In the third quarter of 2024, the Consumer...more

Holland & Knight LLP

Podcast - 2024 Election Impacts on Food and Agriculture Policy

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In this special Eyes on Washington miniseries, Public Policy & Regulation Group members Peter Tabor, Liz Craddock, Kayla Gebeck Carroll, Isabel Lane and Chris DeLacy explore the potential effects of the upcoming November...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - October 2024 #2

The Animal Legal Defense Fund (ALDF) and a coalition of 16 other organizations and individuals have submitted a petition for rulemaking calling on the U.S. Food and Drug Administration (FDA) to require that products...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - September 2024

The U.S. Department of Agriculture’s (USDA's) Food Safety and Inspection Service (FSIS) has issued updated guidance on substantiating animal-raising and environment-related labeling claims on meat and poultry products. In the...more

Perkins Coie

USDA-FSIS Updates Substantiation Guideline for Animal-Raising and Environment-Related Claims

Perkins Coie on

On August 28, 2024, USDA’s Food Safety and Inspection Service (FSIS) released an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims for meat and poultry product labeling. Animal-raising...more

Perkins Coie

Midyear 2024 - Food and CPG Legal Trends

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PERKINS COIE IS PLEASED TO PUBLISH ITS MIDYEAR FOOD AND CPG LEGAL TRENDS REPORT. This report is a bite-size version of our annual year in review, providing timely insights on trends so far this year. In the first half of...more

Perkins Coie

White House OMB Food Industry Updates (Spring 2024 Unified Agenda)

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Pivotal food regulatory updates abound in the recently released Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions, announced earlier this month by the White House Office of Management and Budget (OMB). The...more

Jones Day

New York's Recipe for Food Marketing: Next Course of Restrictive State Actions?

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A New York Senate bill seeks to amend multiple state laws impacting food and beverage advertising to expand the scope of factors to be considered in determining whether an advertisement is false or misleading....more

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