Well Done

As we have previously discussed, state and federal government authorities are turning their attention toward artificial coloring in foods. Most recently, Texas Governor Greg Abbott signed into law SB 25 targeting the sale of foods containing certain color and food additives in the state. SB 25, set to take effect on January 1, 2027, differs from legislation passed in California, Utah, and West Virginia in certain key respects.

Last week’s issuance of a request for information (RFI) in the Federal Register by the FDA and the US Department of Agriculture (USDA) marks the first step in the administration’s effort to address health concerns associated with the consumption of ultra-processed foods (UPF). As part of this process, the administration is seeking public involvement to help establish a uniform definition of UPFs. The notice consists of a series of questions about the criteria that should be used to define the term UPF (e.g., ingredients, processing methods, or nutritional attributes) but does not explain how the agencies intend to use the ultimate definition.

The US Food and Drug Administration recently announced a major initiative to strengthen oversight of food additives and other food-related chemicals. The agency described this as a “stronger, more systematic review process” for chemicals already on the market. Under this program, FDA will proactively reevaluate existing ingredients, including ingredients generally recognized as safe (GRAS), food contact substances, additives, and contaminants.

Both state and federal government authorities have recently turned their attention toward artificial coloring in foods. The Food and Drug Administration (FDA) announced a series of measures in April 2025 to phase out all petroleum-based synthetic dyes from food, including initiating the process to revoke authorization for Citrus Red No. 2 and Orange B and working with industry to remove six other synthetic food dyes from the food supply. This follows FDA’s January 2025 order revoking authorization for manufacturers to use Red Dye 3 in food and ingested drugs after studies confirmed that the dye causes cancer in male rats.

Only weeks after being confirmed, the Department of Health and Human Services (HHS) secretary has advised food companies to remove artificial colors from their food products.

Although there were a number of significant new regulations, the most significant food industry change in 2024 was the overhaul of how FDA structures itself to regulate foods generally.

The US Food and Drug Administration (FDA) recently announced in a letter of enforcement discretion its decision not to challenge certain qualified health claims regarding the consumption of yogurt and reduced risk of type two diabetes if the claims are not misleading and comply with other regulatory requirements.

In a historic decision, the United States Department of Agriculture (USDA) has approved two companies, Upside Foods and GOOD Meat, to market lab-grown chicken in the United States. The final approval follows the US Food and Drug Administration’s (FDA’s) issuance of "no questions" responses to GOOD Meat and Upside Foods’ letters concluding that foods comprised of or containing cultured chicken cell material resulting from their proprietary production processes are as safe as comparable foods produced by other methods.

FDA has consistently pursued its aim of encouraging US consumers to eat less salt. As we have previously written, FDA issued a Voluntary Sodium Reduction guidance in October 2021 to support the reduction of average sodium intake in Americans. Consistent with its intention to “continue the dialogue on sodium reduction,” FDA recently issued a proposed rule that would amend certain standards of identity (SOIs) to allow the use of salt substitutes in foods that list salt as a required or optional ingredient.

FDA recently announced it does not object to the use of certain qualified health claims regarding the relationship between the consumption of cocoa flavanols in high flavanol cocoa powder and a reduced risk of cardiovascular disease (CVD), provided that the qualified claim is appropriately worded so as not to mislead consumers.