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Gene-Editing Regulation Roundup - March 2026

North America Regulations - Current Overview: Genetically engineered (GE) organisms in the United States are regulated under the Coordinated Framework, which allocates oversight among EPA, FDA, and USDA based on product...more

Executive Order Targets “Made in America” Claims

On March 13, 2026, the Trump administration issued an Executive Order titled “Ensuring Truthful Advertising of Products Claiming to Be Made in America,” directing the Federal Trade Commission (FTC) to prioritize enforcement...more

USDA APHIS BRS Promises Continued Efficiency

The Biotechnology Regulatory Services (BRS) of the USDA Animal and Plant Health Inspection Service (APHIS) held its annual stakeholders meeting on February 26, 2026. While the annual event is typically held in November, the...more

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

New U.S. Dietary Guidelines Released: What You Need to Know

On January 7, 2026, the U.S. Department of Health and Human Services (“HHS”) and the U.S. Department of Agriculture (“USDA”) released the 2025–2030 Dietary Guidelines for Americans (“DGAs” or “Guidelines”), representing the...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

UK Finalizes Precision Breeding Rules for Plants: Genetic Technology (Precision Breeding) Regulations 2025 Now in Force

On November 13, 2025, the Genetic Technology (Precision Breeding) Regulations 2025 (“2025 PB regulations”) took effect, completing the United Kingdom’s (UK’s) post-Brexit framework for gene-edited plants. The Regulations...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

When Your Life Sciences Are on the Line: FDA Policy

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the eleventh episode of When Your Life Sciences Are on...more

MAHA Strategy Report Signals Potential Changes for U.S. Food Policy and Regulation

On September 9, 2025, the Make America Healthy Again Commission published the “Make Our Children Healthy Again Strategy Report”. The Report sets out more than 120 actions to reshape U.S. food policy and regulation,...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

Another Step Change for USDA’s GE Regs: APHIS Ceases NEPA Review of Petitions for Nonregulated Status

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced on July 9, 2025, that it will no longer conduct environmental analyses under the National Environmental Policy Act (NEPA) when...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

DOJ and HHS Announce Formation of False Claims Act Working Group and Results of National Health Care Fraud Takedown

As we reported in our recent client alert, the Trump administration has made clear that it is committed to using the False Claims Act (FCA) to prosecute healthcare fraud. Two recent Trump administration moves give important...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

FDA Seeks to Phase Out Synthetic Color Additives

On April 22, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) announced a major initiative to voluntarily phase out “petroleum-based synthetic dyes” (i.e., synthetic...more

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