News & Analysis as of

State Legislatures Food Safety

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

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

Saul Ewing LLP

State Food Policy Heat Wave

Saul Ewing LLP on

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

Kelley Drye & Warren LLP

MAHA Movement Continues to Invite Significant Change for Food Regulation at Federal and State Levels

Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has...more

Gardner Law

FDA Signals Interest in Defining Ultraprocessed Foods

Gardner Law on

In June 2025, the U.S. Food and Drug Administration announced it is evaluating whether to formally define the term ultraprocessed food (UPF)—a move that could influence future labeling regulations, public health guidance, and...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

Davis Wright Tremaine LLP

Another Helping of Food Law Updates: Texas Legislature Goes Into MAHA Mode With Warning Label Bill

Welcome to another edition of our Food Regulatory Update, where we delve into the latest developments and changes in food regulations that have emerged over the past month. From the federal emphasis on changing the food...more

Morgan Lewis - Well Done

State Legislation on Color Additives in Food: Takeaways for Industry

Both state and federal government authorities have recently turned their attention toward artificial coloring in foods. The Food and Drug Administration (FDA) announced a series of measures in April 2025 to phase out all...more

Kohrman Jackson & Krantz LLP

Senate Bill 38 Challenges Judicial Control Over Food Injury Claims

In response to a controversial Ohio Supreme Court ruling, State Senator Bill DeMora (D-Columbus) has introduced Senate Bill 38, which aims to put juries – as opposed to judges – in charge of determining liability when a...more

Womble Bond Dickinson

The Changing Food Regulatory Landscape

Womble Bond Dickinson on

You have probably heard the term “ultra-processed food.” What does that mean? Unprocessed food probably requires little explanation. For example, a whole raw apple that has not been cut, cooked or otherwise prepared would be...more

Perkins Coie

Proposed Bans on Five Food Additives Pending in California and New York

Perkins Coie on

Legislators in California and New York have proposed bills to ban five food additives that have purportedly been linked to health concerns such as cancer, neurodevelopmental issues, and hormone dysfunction. The five...more

Ervin Cohen & Jessup LLP

Riverside County First to Implement California Home Cooking Legislation

In September 2018, the California legislature passed AB-626, The Homemade Food Operations Act. The law was passed with widespread bipartisan support....more

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