Well Done

On December 2, 2025, the California attorney general issued a formal enforcement advisory letter to producers of food-service ware made from expanded polystyrene foam (EPS). The letter reminds producers that under California Senate Bill 54 (SB 54), the sale, distribution, or import of foam service ware is prohibited. The prohibition covers single-use trays, plates, bowls, clamshells, cups, hinged, or lidded containers, utensils, stirrers, and straws. The advisory warns of steep consequences, with administrative penalties up to $50,000 per day per violation plus potential civil penalties of up to $2,500 per violation under California’s unfair competition law.

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 (FDA) recently announced that manufacturers have completed the voluntarily phase-out of the use of certain per- and polyfluoroalkyl substances (PFAS) in grease-proofing agents for food packaging.