Our Food & Beverage and White Collar, Government & Internal Investigations Teams review recent moves by state attorneys general to follow the “Make America Healthy Again” agenda and what they signal for food and consumer...more
On Dec. 10, 2025, the FDA announced that, as a result of the ongoing investigations into the contamination of ByHeart infant formula, the Centers for Disease Control expanded the case definition to include any infant...more
Federal, state, and private actions are accelerating across color additives, labeling and packaging, heavy metals, ultraprocessed foods, and insurance preparedness. As the regulatory landscape continues to rapidly evolve,...more
Federal and state health authorities are investigating a recent infant botulism outbreak linked to certain infant formula products. In response, FDA expanded its initial advisory into a nationwide recall of multiple lots...more
Jurisdiction: Calif. Super., Los Angeles Co. - Mae Moore’s three adult daughters Joy Moore, Kathryn Pratt and Carol Farquharson — by and through guardian Leslie Farquharson (collectively, the Moore family) — filed suit in...more
California’s law governing heavy metals in baby food requires manufacturers to test products, disclose results, and meet specific labeling requirements. The testing provisions have been effective since January 2024, and the...more
On August 15, Illinois amended the Illinois Food, Drug and Cosmetic Act to impose certain labeling and testing requirements on baby food manufacturers. The law is similar to a California baby food law that became fully...more
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • FTC Sues LA Fitness to Cancel Unfair Membership...more
Texas AG Ken Paxton has launched an investigation into major baby food manufacturers over concerns that they may have violated state law by deceptively marketing and selling products that contain harmful heavy metals....more
A report arguing for raising taxes on alcohol and sugar-sweetened beverages, a law requiring labels to disclose if an animal was harmed during production, a lawsuit calling grain alcohol "inherently dangerous," and more. It...more
On July 9, 2025, the U.S. Food and Drug Administration (FDA) issued a letter from Commissioner for Human Foods Martin Makary and Deputy Commissioner for Human Foods Kyle Diamantas to industry members involved in the...more
Arizona AG Kris Mayes and D.C. AG Brian Schwalb submitted a letter to the FDA in support of other state AG’s 2022 petition for reconsideration of a multistate petition seeking FDA actions on toxic heavy metals in food...more
Coterie Baby advertises that its diapers provide “up to 4x more absorbency” and “up to 3x drier skin” compared to “leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this...more
On October 29, 2024, BabyBjörn AB (“BabyBjörn”) filed two separate petitions for inter partes review (“IPR”) of U.S. Patent No. 11,786,055 (“the ’055 Patent”), which is assigned to The ERGO Baby Carrier, Inc. (“ERGO Baby”). ...more
The budget reconciliation package is expected to be considered by the full U.S. House of Representatives as soon as May 22, 2025. The House Committee on Rules is scheduled to meet on May 21, 2025, at which time additional...more
On May 14, as part of Operation Stork Speed (the Operation), the U.S. Food and Drug Administration (FDA) issued a request for information (RFI) to begin its review of infant formula nutrition requirements. FDA’s last...more
On May 2, Governor Youngkin signed the Baby Food Protection Act. The law is very similar to Maryland's Rudy's Law, which we wrote about last year. The Virginia law will become effective January 1, 2026 and will not apply to...more
Past presentations and posts have addressed the defense of consumer class action cases via motions to dismiss for lack of subject matter jurisdiction. Briefly, most consumer class action cases are brought in (or removable to)...more
The composition of FDA-regulated products is coming under increasing scrutiny from FDA, state governments, consumer watchdog groups, and the plaintiff’s bar. ...more
On March 18, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) announced the launch of Operation Stork Speed “to enhance [FDA’s] efforts to ensure the ongoing quality, safety,...more
In recent years, the safety of baby food has become a top priority for state attorneys general (AG) and federal agencies. In April 2021, the U.S. Food and Drug Administration (FDA) announced its “Closer to Zero” plan to...more
In December 2024, we reported on a City of St. Louis, Missouri jury verdict in favor of baby formula manufacturers in a lawsuit claiming their specialized infant formulas for premature babies caused an infant to develop...more
A New York federal district court recently dismissed a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels of heavy metals, for failure...more
At the end of last year, the Consumer Product Safety Commission (CPSC) approved an Operating Plan for Fiscal Year 2025, which includes CPSC’s strategic priorities and resource allocations for the coming year. Stated...more
The U.S. Food and Drug Administration (FDA) issued a final guidance for industry titled Action Levels for Lead in Processed Food Intended for Babies and Young Children (Final Guidance). The final action levels apply only to...more