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February 2026 Sees Flurry of MAHA-Aligned Food Regulatory Activity

February 2026 has seen a flurry of Make America Healthy Again (MAHA) aligned food policy activity across federal agencies, state legislatures, and the courts. Policymakers sharpened scrutiny of the Generally Recognized as...more

FDA Releases Human Foods Program (HFP) 2026 Priority Deliverables

The U.S. Food and Drug Administration (FDA) Human Foods Program (HFP) published its 2026 Priority Deliverables, outlining a broad agenda under the Trump administration’s Make America Healthy Again (MAHA) strategy to advance...more

Texas SB 25 Litigation: Trade Associations Challenge TX Warning Label Requirement

On December 5, 2025, four national food and beverage trade associations (the American Beverage Association, the Consumer Brands Association, the National Confectioners Association, and FMI the Food Industry Association) filed...more

Ninth Circuit Strikes Down Key Provisions of USDA’s Bioengineered Food Disclosure Rule

In a major decision for food manufacturers and retailers, the Ninth Circuit recently struck down the U.S. Department of Agriculture (USDA) exemption for highly refined foods under the National Bioengineered Food Disclosure...more

Newly Passed California Bill Defines Ultra-Processed Foods

On September 16, 2025, the California Legislature passed Assembly Bill 1264 (AB 1264), creating a statutory definition of “ultra-processed foods” (UPFs) and requiring the removal of certain “UPFs of concern” from school meal...more

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

FDA Targets 52 “Obsolete” Food Standards of Identity for Revocation

On July 17, 2025, FDA announced several rulemakings aimed at modernizing its standards of identity (SOIs) for food products – regulations that define what a food must contain and how it must be made to lawfully bear a...more

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

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

New Dietary Ingredient Notifications: FDA Addresses Common Pitfalls and Shares New Educational Tools

On June 11, 2025, the U.S. Food and Drug Administration (FDA) released educational videos and a new fact sheet to facilitate compliance with the agency’s New Dietary Ingredient Notification (NDIN) review process. Under the...more

MAHA Commission Publishes Report to Highlight Childhood Chronic Disease Drivers

On May 22, 2025, President Trump’s Make America Healthy Again (MAHA) Commission released an assessment titled “The MAHA Report: Make Our Children Healthy Again Assessment.” The report—framed as a “call to action”—stems from a...more

HHS Secretary to FDA: Consider Elimination of GRAS Self-affirmation Pathway

On March 10, the U.S. Department of Health and Human Services (HHS) issued a press release emphasizing “radical transparency to make sure all Americans know what is in their food” and announcing that HHS Secretary Robert F....more

DOJ Signals Continued Robust Enforcement of the False Claims Act In the New Administration

This year, at the Federal Bar Association’s (FBA) annual Qui Tam Conference, United States Department of Justice (DOJ) leadership confirmed that DOJ will remain committed to aggressive enforcement of the False Claims Act...more

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