On February 6, 2026, the U.S. District Court for the District of Oregon granted a preliminary injunction halting enforcement of Oregon's Plastic Pollution and Recycling Modernization Act against the National Association of...more
2/20/2026
/ Constitutional Challenges ,
Department of Environmental Quality ,
Distributors ,
Dormant Commerce Clause ,
Due Process ,
Environmental Litigation ,
Extended Producer Responsibility (EPR) ,
Plastics ,
Preliminary Injunctions ,
Product Packaging ,
Recycling ,
Regulatory Requirements ,
State and Local Government ,
Waste Management
A federal district court in the Western District of Texas granted a preliminary injunction temporarily halting enforcement of one section of Texas SB 25, which requires foods containing any of 44 listed ingredients to display...more
2/17/2026
/ Compelled Speech ,
Constitutional Challenges ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
New Legislation ,
Nutrition Facts Labels ,
Preemption ,
Preliminary Injunctions ,
Public Health ,
State and Local Government ,
Warning Labels
Have you heard the term “EPR” for years but thought (hoped?) it did not apply to your company's operations? Read on for an overview of the state extended producer responsibility (EPR) requirements that have been enacted in...more
On February 5, 2026, the U.S. Food and Drug Administration (FDA) issued a letter to the food industry announcing a new enforcement discretion policy for “no artificial colors” labeling claims. The agency states that it “does...more
2/9/2026
/ Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Manufacturers ,
New Guidance ,
Public Health ,
Regulatory Oversight
The states of Texas and Louisiana have each enacted first-of-their-kind warning or notice labeling requirements for food ingredients, both of which pose significant issues of concern related to the First Amendment and federal...more
On June 10, the U.S. Department of Agriculture (USDA) approved waiver requests from three additional states – Arkansas, Idaho, and Utah – to exclude certain foods from Supplemental Nutrition Assistance Program (SNAP)...more
The U.S. Department of Agriculture (USDA) has approved three state waiver requests to amend the statutory definition of food eligible for purchase under the Supplemental Nutrition Assistance Program (SNAP). On May 19, 2025,...more
On May 9, 2025, the White House issued an Executive Order, “Fighting Overcriminalization in Federal Regulations,” that seeks to place limits on the criminal enforcement of regulatory offenses, particularly those that impose...more
On April 22, 2025, the U.S. Department of Health and Human Services (HHS) and U.S. Food and Drug Administration (FDA) announced a series of measures to phase out all certified colors from the nation’s food supply by the end...more
On January 6, 2025, the U.S. Food and Drug Administration (FDA) issued draft guidance on the labeling of plant-based alternatives to animal-derived foods. The draft guidance provides best practices for naming plant-based...more