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FDA Targets Food Chemicals: New BHA Reassessment, “No Artificial Colors” Enforcement Discretion, and a Potential GRAS Overhaul

The U.S. Food and Drug Administration (FDA) continues to advance the Trump administration’s Make America Healthy Again (MAHA) priorities by increasing scrutiny of chemicals in the food supply and accelerating the shift away...more

Food Litigation Watch: State Ingredient Warnings, Color-Additive Bans, and “Ultra-Processed” Claims (Updated)

This news alert was originally published on December 4, 2025 and has been updated to reflect new updates as of February 25, 2026. Food companies face a rapidly shifting litigation landscape on three fronts: (1) state...more

Food Industry Groups Challenge Texas Law Requiring Warning Labels for Certain Food Ingredients

A Make America Healthy Again (MAHA)-inspired state law mandating that food containing any of 44 ingredients bear a label with the above statement, is now the subject of a federal district court challenge. A group of food...more

FIFRA Enforcement: 2025 Year-End Roundup and Looking Forward to 2026

Robust U.S. Environmental Protection Agency (EPA) enforcement under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) continued throughout 2025, marked by several high-value settlements—particularly involving...more

Food Litigation Watch: State Ingredient Warnings, Color-Additive Bans, and “Ultra-Processed” Claims

Food companies face a rapidly shifting litigation landscape on three fronts: (1) state laws requiring on-package warnings for certain food ingredients (e.g., Louisiana S.B. 14; Texas S.B. 25), (2) state bans targeting...more

California Bans Ultraprocessed Foods in Schools

Key Takeaways - What happened: California enacted the first state ban on certain ultraprocessed foods (UPFs) in public school meals....more

The Trump Administration’s First Unified Agenda for FDA Promises Major Changes for the GRAS Pathway, Food Ingredients, and...

The Make America Healthy Again (MAHA) program and implementation of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) will keep the U.S. Food and Drug Administration (FDA) hopping for at least the next year,...more

MAHA Commission Strategy Report Outlines Sweeping Federal Actions on Chemicals in Food and the Environment

Key Takeaways - What Happened: The Make America Healthy Again (MAHA) Commission has released its final Make Our Children Healthy Again Strategy report. The Strategy outlines extensive executive branch actions intended to...more

States Join FDA in the MAHA War on Food Ingredients

Food and food ingredient manufacturers take note: it’s not just the U.S. Food and Drug Administration (FDA) advancing “Make America Healthy Again” (MAHA) priorities. States are increasingly involved, as well. Several have...more

Leaked Draft of MAHA Commission Strategy Report Outlines Sweeping Federal Actions on Chemicals in Food and the Environment

Key Takeaways - What Happened: A leaked draft of the Make Our Children Healthy Again Strategy (the Make America Healthy Again (MAHA) Commission’s action plan) is circulating. The draft outlines extensive executive branch...more

Louisiana and Texas Pass Laws Requiring Warning Labels for Certain Food Ingredients

Key Takeaways - What happened: Two recently enacted laws in Louisiana and Texas will each require separate warning labels on the packaging of food sold in their state if the food contains any of 44 specific ingredients....more

EPA Continues Focus on Antimicrobial Pesticide Enforcement in 2025

Key Takeaways - What Happened: EPA continues to assess significant penalties against manufacturers and distributors of antimicrobial products under the new administration....more

FDA Seeks Public Comment on Post-Market Chemical Review Prioritization Method

Key Takeaways - What Happened: The U.S. Food and Drug Administration (FDA) released its draft post-market chemical review prioritization method for public comment. Public comments are due July 18, 2025....more

Congress Eyes Sweeping Changes to Carbon and Biomass Incentives: 45Q Tax Credit Reforms, New Biochar Program, and Forest Residues...

Senate Draft of BBB Would Standardize and Reduce Value of 45Q Credit, Diminishing Incentives for Long-Term Carbon Storage - The Senate’s draft of the “One Big Beautiful Bill” (BBB) proposes several material changes to...more

MAHA Assessment: What Food and Chemical Stakeholders Need to Know

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

What the New Executive Order on “Fighting Overcriminalization in Federal Regulations” Means for Environmental Criminal Enforcement

On May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has...more

FDA to Overhaul Post-Market Chemical Review Program for Food Chemicals

Key Takeaways - What Happened: The U.S. Food and Drug Administration (FDA) announced plans to update its food safety post-market chemical review program over the next few months to increase transparency and accelerate its...more

FDA Food Chemical Regulation: Understanding Pesticide Action Levels

The U.S. Food and Drug Administration’s (FDA) March 2025 publication of its new “Chemical Contaminants Transparency Tool” spotlighted a lesser-known aspect of FDA’s regulation of pesticide residues on food: action levels....more

FDA Food Chemical Regulation After the MAHA Executive Order

Just before the change in administration, the Food and Drug Administration (FDA) made headlines by revoking approvals to use the color additive FD&C Red Dye No. 3 in food after January 15, 2027. This was the latest example of...more

GRAS Self-Affirmation for Food Ingredients – To Be or Not to Be?

Key Takeaways - What Happened: HHS Secretary Kennedy directed FDA to consider removing the current self-affirmation pathway for determining that a food ingredient is Generally Recognized as Safe (GRAS)....more

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of...more

FDA Proposes New Rule on Testing Talc-Containing Cosmetic Products

Mandatory testing of talc-containing cosmetic products is coming. At the end of December, the Food and Drug Administration (FDA) proposed a cosmetics rule and test method for asbestos in talc that was required under Section...more

Federal Court Orders EPA to Regulate Fluoridation of Drinking Water under TSCA

In a groundbreaking decision, a federal district court has ordered the U.S. Environmental Protection Agency (EPA) to regulate the “unreasonable risk” it found to be posed by the fluoridation of drinking water. The order came...more

DOE Ramping Up General Service Lamp Enforcement

Largely out of public view, the U.S. Department of Energy (DOE) has been ramping up enforcement of its “backstop” efficiency standard and sales prohibition regarding general service lamps, including incandescent bulbs. After...more

EPA, USDA, and FDA to Clarify Overlapping Biotechnology Regulatory Frameworks

On May 8, 2024, the U.S. Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA), and U.S. Food and Drug Administration (FDA) released a joint plan to identify areas of ambiguity, gaps, or uncertainty in...more

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