We’re a few weeks into 2023, and while some new year’s resolutions may have already fallen to the wayside, there are plenty of food law issues that will take us through 2023 and beyond. Here are key issues the Hogan Lovells food and beverage team is keeping our eye on for the food industry this year. External FDA Scrutiny and Potential Restructuring Last year’s infant formula recall and subsequent shortage exposed FDA to considerable external scrutiny and criticism. News reports alleging infighting and resource shortfalls at the Center for Food Safety and Applied Nutrition (CFSAN), and a lack of action on issues like heavy metals, PFAS in food packaging, and sodium reduction, only increased the pressure. In December 2022, the Reagan-Udall Foundation (RUF) issued a report evaluating the FDA Human Foods Program, which was prepared at the request of FDA Commissioner Robert Califf. The RUF report focused its findings and recommendations on four key areas: (1) structure and leadership; (2) authorities; (3) resources; and (4) culture. Among other recommendations, the RUF report proposes structural changes, elevating the importance of nutrition issues, bolder use of existing authorities, and improved decision-making “with a preference towards action.” It also describes the Human Foods Program as “significantly under-resourced.”