News & Analysis as of

Food Safety Manufacturers Toxic Chemicals

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

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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

Saul Ewing LLP

State Food Policy Heat Wave

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Background - As temperatures have heated up this summer, so has the pace of new state food policies. Over the past several weeks, there has been an uptick in the promulgation of bans on food additives and laws aimed at...more

Beveridge & Diamond PC

MAHA Assessment: What Food and Chemical Stakeholders Need to Know

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When the Make America Healthy Again (MAHA) Commission unveiled its Make Our Children Healthy Again Assessment on May 22 (reissued May 28), it framed the document as a clarion call: U.S. regulators must combat childhood...more

MG+M The Law Firm

Bitter Aftertaste: PFAS Found in US Beer

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The Environmental Science & Technology Journal found in a 2025 study that 95% of 23 tested beers brewed across the United States contain varying levels of per- and polyfluoroalkyl substances (PFAS). PFAS are synthetic...more

Shook, Hardy & Bacon L.L.P.

FDA, HHS Announce Measures to Phase Out Petroleum-Based Dyes in Food

The U.S. Department of Health and Human Services (HHS) and Food and Drug Administration (FDA) have announced actions to phase out petroleum-based synthetic dyes from foods in the U.S. food supply. In a news release, FDA said...more

Troutman Pepper Locke

FDA’s New Lead Guidelines: A Milestone for Safer Baby Foods

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In recent years, the safety of baby food has become a top priority for state attorneys general (AG) and federal agencies. In April 2021, the U.S. Food and Drug Administration (FDA) announced its “Closer to Zero” plan to...more

Bergeson & Campbell, P.C.

NSF Announces PFAS-Free Certification for Nonfood Compounds and Food Equipment Materials 

On March 24, 2025, NSF announced the release of NSF Certification Guideline 537: PFAS-Free Products for Nonfood Compounds and Food Equipment Materials (NSF 537). The press release states that to be certified, nonfood compound...more

Kilpatrick

New York federal court tosses toxic metals baby food class action on the pleadings

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A New York federal district court recently dismissed a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels of heavy metals, for failure...more

Steptoe & Johnson PLLC

PFAS Lawsuits Involve Apple Watch Bands, Samsung Galaxy Watch Bands, and Hershey's Chocolate Wrappers

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Lawsuits were recently filed against Apple Inc. and Samsung Electronics America, Inc. related to their watch bands. Other lawsuits were also recently filed against The Hershey Co. related to the packaging of some of its...more

Hogan Lovells

EU bans BPA in Food Contact Materials: what does it mean for industry?

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Jacqueline Mailly and Anastasia Vernikou of Hogan Lovells and Grégoire Paquet outline the details of the EU regulation introducing a ban on Bisphenol A (BPA) in food contact materials and its implications for industry. On 20...more

Morrison & Foerster LLP

FDA Issues Action Levels for Lead in Baby Food

On January 6, 2024, the U.S. Food and Drug Administration (FDA) issued its final guidance establishing action levels for lead in processed food intended for babies and young children. This is the first FDA guidance directly...more

Venable LLP

Food and Color Additives - Is the Patchwork Here?

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State legislatures are actively pursuing bans on food and color additives.  California’s landmark Food Safety Act (Act), effective January 2027, bans the manufacture and sale of products containing brominated vegetable oil...more

K&L Gates LLP

California's Updated Proposition 65 Regulations New Short-Form Warnings and More

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Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June...more

Arnall Golden Gregory LLP

FDA Announces End of Sales of PFAS Used in U.S. Food Packaging

The U.S. Food and Drug Administration (“FDA”) recently announced that grease-proofing substances containing per and poly-fluoroalkyl substances (“PFAS”) are no longer being sold by manufacturers for food contact use in the...more

Holland & Knight LLP

PFAS in Products: 2024 Is Off to a Busy Start in Many States

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2024 is off to a busy start for folks following state laws related to per- and polyfluoroalkyl substances (PFAS) in products. Multiple states have passed legislation impacting product manufacturers and retailers. Maine and...more

Tonkon Torp LLP

Keeping Up-to-Date on PFAS Regulations in Consumer Products

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PFAS (per- and poly- fluorinated alkyl substances) are everywhere, in our drinking water and all over the news. A serious concern for the health of humans and the environment, federal and state agencies are taking a proactive...more

BCLP

California Bans Use of Certain Food Additives

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The California Food Safety Act, a law that bans the sale of foods containing four specific chemical additives, has been signed into California law. The law takes effect on January 1, 2027....more

Holland & Knight LLP

FDA, PFAS and Food Packaging: More to Come?

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The U.S. Environmental Protection Agency (EPA) is not the only federal agency that regulates per- and polyfluoroalkyl substances (PFAS). And states aren't the only ones scrutinizing PFAS in food packaging products. PFAS,...more

Downey Brand LLP

Proposition 65 Quarterly Highlights - March & June 2023: Prop. 65 Plaintiffs are “Fishing” for More…

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Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more

Downey Brand LLP

Proposition 65 Quarterly Notice – Third Quarter 2022: Citizen Plaintiff Groups Continue to Pursue Seafood, Ceramics, and Personal...

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Last quarter, citizen plaintiff groups issued nine hundred twenty-seven (927) total Notices of Violation (“Notices”), which was over one hundred fifty (150) more than the second quarter of 2022. As reported in Downey Brand’s...more

Downey Brand LLP

Proposition 65 Notices of the Month – March 2022: Paper Straws and Food Claims Galore

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In March 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued hovered just above two hundred (200) claims in total. Notably, new claims regarding alleged...more

Downey Brand LLP

Proposition 65 Notices of the Month – February 2022: Cassava Flour and Chips, Hot Cocoa, Ceramics and Glassware, Boots and Shoes,...

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In February 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued was approximately two hundred (200) in total. Food and nutritional supplement claims were...more

Downey Brand LLP

Proposition 65 Notices of the Month – January 2022: Lead in Food Products including Dietary Supplements and Spices Remain a...

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As compared to prior months, the start of the new year was relatively “slow” in terms of the number of Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued alleging new Prop. 65...more

Downey Brand LLP

2021 Prop. 65 Roundup: More Than 3,000 Notices for the Usual Suspects Including Lead and Heavy Metals in Various Foods, Alleged...

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Twenty twenty-one proved to be another busy year in the world of California’s Proposition 65 (“Prop. 65”). Despite the second full year of the COVID-19 pandemic, Prop. 65 citizen plaintiff groups remained highly active....more

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