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FDA Notifies Industry of Enforcement Discretion Regarding “No Artificial Colors” Claims

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

FDA requests information regarding labeling and preventing cross-contact of gluten in packaged foods

On January 21, 2026, FDA issued a request for information (RFI) regarding labeling and preventing cross-contact of gluten for packaged foods. The RFI comes in response to a citizen petition submitted by Celiac Journey...more

FDA notifies industry of enforcement discretion regarding DSHEA disclaimer on dietary

In December, the U.S. Food and Drug Administration (“FDA”) announced that it had issued a letter to the dietary supplement industry regarding enforcement discretion for and potential regulatory amendments to the agency's...more

HHS and USDA Issue Dietary Guidelines for Americans, 2025-2030

The U.S. Department of Health and Human Services (HHS) and U.S. Department of Agriculture (USDA) recently issued the Dietary Guidelines for Americans (DGA), 2025-2030. ...more

Court issues preliminary injunction blocking West Virginia ban on certified colors

A federal district court in the Southern District of West Virginia has granted the International Association of Color Manufacturers' (IACM's) request for a preliminary injunction (PI) that temporarily halts enforcement of...more

Appellate Court Invalidates Key Elements of Bioengineered Food Disclosure Standard Regulations

In upholding the lower court decision, the court held that AMS’s digital disclosure provision is unlawful because it does not provide sufficient consumer access to information about bioengineered foods, given the limitations...more

California Enacts Law Defining “Ultra-Processed Food”

On October 8, 2025, California Governor Gavin Newsom signed into law AB 1264, which makes California the first state to legally define so-called “ultra-processed food” (“UPF”)....more

Texas Issues Proposed Rule on SB25 Ingredient Warning Labeling Law

The Texas Department of State Health Services recently released a proposed rule implementing Texas SB 25, which requires foods containing any of 44 specified ingredients to display the following warning label...more

OMB Releases Spring 2025 Unified Agenda of Regulatory Actions

The White House Office of Management and Budget (OMB) recently released the Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions, which outlines the rulemaking actions currently under development by each federal...more

MAHA Commission Releases Make Our Children Healthy Again Strategy

This week, the Make America Healthy Again (“MAHA”) Commission released its highly anticipated Make Our Children Healthy Again Strategy (“Strategy”), which outlines “a strategic approach for executive actions to address the...more

FDA and USDA Seek Feedback on Defining “Ultra-Processed Foods”

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

Texas and Louisiana Enact Laws Requiring Warning Labels and QR Code Notices for Food Ingredients

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

USDA Approves Additional State Waivers to Restrict SNAP Purchases in Arkansas, Idaho, and Utah

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

USDA Approves First State Waivers to Restrict SNAP Purchases

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

MAHA Commission Releases Make Our Children Healthy Again Assessment

Yesterday, the Make America Healthy Again (“MAHA”) Commission released its highly anticipated Make Our Children Healthy Again Assessment (“Assessment”), which aims to examine “the root causes of deteriorating child health.”...more

FDA Delays Effective Date for Final Healthy Rule

On February 25, 2025, the U.S. Food and Drug Administration (FDA) delayed the effective date for its final “Healthy” rule from February 25, 2025 to April 28, 20251. The delayed effective date is in line with President Trump’s...more

FDA Issues Proposed Rule on Front-of-Package Nutrition Labeling

On January 14, 2025, the U.S. Food and Drug Administration (FDA) issued its proposed rule on front-of-package nutrition labeling (FOPNL). With certain exemptions, the proposed rule would require food products to display an...more

FDA Issues Final “Healthy” Rule

On December 19, 2024, the U.S. Food and Drug Administration (FDA) issued its long-awaited final rule updating the requirements for when the term “healthy” can be used as an implied nutrient content claim in food labeling. ...more

FDA Issues Draft Guidance on Labeling of Plant-Based Alternatives to Animal-Derived Foods

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

Dietary Guidelines Advisory Committee Releases Scientific Report for 2025-2030 Dietary Guidelines for Americans

The Dietary Guidelines Advisory Committee (DGAC) recently released its Scientific Report, which will serve as the basis of the recommendations in the 2025-2030 Dietary Guidelines for Americans. Several of the Report’s key...more

FDA and USDA Request Information Related to Standardizing Food Date Labeling

The U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) recently announced a Request for Information (RFI) related to standardizing food date...more

FTC publishes final rule banning fake consumer reviews and testimonials

On August 22, 2024, the U.S. Federal Trade Commission (FTC or the “Commission”) finalized its Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (“Final Rule”). The Final Rule prohibits the sale and...more

FDA Issues “Phase II” Draft Guidance on Voluntary Sodium Reduction Targets

On August 15, 2024, the U.S. Food and Drug Administration (FDA) issued draft guidance with new, voluntary sodium reduction targets for foods, with the goal of reducing sodium intake to 2,750 milligrams (mg) per day from the...more

OMB releases Spring 2024 Unified Agenda of Regulatory Actions

The White House Office of Management and Budget (OMB) recently released the Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions, which outlines the rulemaking actions currently under development by each federal...more

USDA issues final rule updating school nutrition standards

The U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service (FNS) recently issued a final rule to update its school nutrition standards, requiring changes to school meal programs starting in the 2025-2026 school...more

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