News & Analysis as of

Food Safety

Bergeson & Campbell, P.C.

Mad MAHA Moms

The Make America Healthy Again Commission (MAHA) draft report, released on May 22, 2025, was a spectacular mix of damning claims and interesting “facts.” They all relate to the horrific state of the American diet,...more

Cozen O'Connor

Texas AG Investigates Baby Food Companies Over Heavy Metals

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Texas AG Ken Paxton has launched an investigation into major baby food manufacturers over concerns that they may have violated state law by deceptively marketing and selling products that contain harmful heavy metals....more

Akin Gump Strauss Hauer & Feld LLP

Congress Joins FDA in Focusing on Food Dye Limitations

Food dye reform has been an area of focus for the Trump administration as part of its Make America Healthy Again (MAHA) initiative, giving momentum to an effort the Food and Drug Administration (FDA) had already started by...more

Kelley Drye & Warren LLP

Ad Law News and Views - July 2025

In a recent webinar hosted by Kelley Drye, Nevada Attorney General Aaron D. Ford and Chief Deputy of Consumer Protection Mark Krueger shared valuable insights into best practices for engaging with the office, Nevada’s...more

Shook, Hardy & Bacon L.L.P.

FDA Continues Dismantling "Recipe Approach" to Food Standards of Identity

U.S. Food and Drug Administration (FDA) food standards are experiencing the most activity in a generation, with FDA aiming to revoke 52 food standards followed by a proposal to revise the orange juice standard. If...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - August 2025

Media coverage of a leaked MAHA draft strategy, a U.S. Senate bill that would define dairy terms, a citric acid lawsuit targeting pet food, and more. U.S. Food and Drug Administration (FDA) food standards are experiencing the...more

DLA Piper

Food and Beverage News and Trends - August 2025 #2

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape....more

Cozen O'Connor

Texas AG Pours Out a Win as Kellogg’s Agrees to Remove Artificial Dyes from Cereals

Cozen O'Connor on

Texas AG Ken Paxton settled with WK Kellogg Co. (Kellogg’s) to resolve allegations that the company misrepresented whether its products contained artificial dyes and preservatives in violation of state consumer protection...more

Cozen O'Connor

FDA Encourages Food Manufacturers to Phase Out FD&C Red No. 3 Ahead of 2027 Deadline

Cozen O'Connor on

On July 14, 2025, the Food and Drug Administration (FDA) issued new guidance encouraging food manufacturers to phase out FD&C Red No. 3 ahead of the previous 2027 deadline and “as soon as is practicably possible.” Recall...more

ArentFox Schiff

FDA Releases its Expanded Decision Tree, a New Tool for Toxicity Screening of Chemicals in Food

ArentFox Schiff on

On July 30, the US Food and Drug Administration (FDA) released its Expanded Decision Tree (EDT), a new science-based tool designed to screen and evaluate the safety or toxicity of chemicals in food....more

Akin Gump Strauss Hauer & Feld LLP

Citizen Petition Calls on FDA to Rethink Refined Carbs

Last week, former Food and Drug Administration (FDA) Commissioner David Kessler submitted a citizen petition urging FDA to revoke the generally recognized as safe (GRAS) status of refined carbohydrates used in industrial food...more

Hogan Lovells

FDA Issues Proposed Rule Extending Compliance Date for Food Traceability Rule

Hogan Lovells on

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

Foley & Lardner LLP

FDA Calls for Stronger Industry Collaboration on Infant and Child Food Recalls

Foley & Lardner LLP on

Call to Action. In a letter dated July 9, 2025, the U.S. Food and Drug Administration (FDA) issued a clear call to action for manufacturers, distributors, and retailers of infant formula, baby food, and children’s food...more

Wiley Rein LLP

FDA’s Proposed Ranking Tool Gives Public Opinion a Seat at the Food Safety Table

Wiley Rein LLP on

With food policy remaining a top priority for the Trump Administration, the U.S. Food and Drug Administration (FDA), acting under Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., has swiftly advanced a number...more

DLA Piper

Food and Beverage News and Trends - August 2025

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape....more

Perkins Coie

Caffeine Safety Legislation Introduced in Congress

Perkins Coie on

On March 31, 2025, Congress saw the reintroduction of H.R. 2511, the Sarah Katz Caffeine Safety Act. The bill would amend the Federal Food, Drug, and Cosmetic Act to establish new regulatory requirements for labeling the...more

Katten Muchin Rosenman LLP

USDA Ramps Up Food Safety Strategy

On July 15, the U.S. Secretary of Agriculture, Brooke L. Rollins, announced a “comprehensive plan to bolster U.S. Department of Agriculture’s (“USDA”) efforts to combat foodborne illness” and better position USDA Food Safety...more

Alston & Bird

For Your Consumption | July 2025: Getting the Lead Out

Alston & Bird on

In the July edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, maltodextrin gets shucked, ghee provides...more

Shook, Hardy & Bacon L.L.P.

Material Concerns: Legal Updates on Substances of Emerging Concern

First effective in 2024, the Act bans the sale or distribution of various products that contain intentionally added PFAS chemicals. On January 1, 2026, as part of the product phase-out timeline, the new law bans the sale or...more

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

FDA and USDA Seek Comments on Defining Ultra-Processed Foods

On July 25, 2025, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) published a joint Request for Information (RFI) to solicit information and data to help the agencies develop a...more

Morgan Lewis - Well Done

Processed Food Industry in the Crosshairs: FDA and USDA’s Ultra-Processed Food Request for Information

Last week’s issuance of a request for information (RFI) in the Federal Register by the FDA and the US Department of Agriculture (USDA) marks the first step in the administration’s effort to address health concerns associated...more

Holland & Knight LLP

(More) Food for Thought: Louisiana Enacts Food Product Warning Labels for 44 Chemicals

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Louisiana's Senate Bill 14 introduces a first-of-its-kind QR code labeling mandate for food products containing any of 44 specified ingredients, effective Jan. 1, 2028. The legislation follows Texas Senate Bill 25, which...more

Hogan Lovells

FDA and USDA Seek Feedback on Defining “Ultra-Processed Foods”

Hogan Lovells on

On July 24, 2025, the Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) issued a joint request for information (RFI) to gather information and data to help the agencies develop a uniform definition...more

ArentFox Schiff

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

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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

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