https://www.morganlewis.com/rss/blogsBlogs RSS Feed25https://www.morganlewis.com/blogs/welldone/2025/12/california-attorney-general-issues-enforcement-advisory-on-prohibited-foam-service-wareOn 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.Thu, 11 Dec 2025 00:00:00 -0600d62f81d7-867c-41f3-8301-eeb30002283fFDA & HealthcareUnited StatesLife SciencesFDAAdam D. TeitcherKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2025/08/new-texas-legislation-on-color-additives-takeaways-for-industryAs 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.Mon, 11 Aug 2025 00:00:00 -050098de21ed-66f7-4d8b-ab62-f45d5016aeb3FDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2025/07/processed-food-industry-in-the-crosshairs-fda-and-usdas-ultra-processed-food-request-for-informationLast 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.Wed, 30 Jul 2025 00:00:00 -05005666885c-1b51-46cf-8b17-4df13c91275cFDA & HealthcareLife SciencesFDAKathleen M. SanzoAriel Z. Seeleyhttps://www.morganlewis.com/blogs/welldone/2025/07/fda-updates-food-labeling-compliance-program-what-it-means-for-food-manufacturersIn June 2025, the US Food and Drug Administration (FDA) announced a major update to its General Food Labeling Requirements Compliance Program—the first overhaul of this program since 2010. This program guides FDA inspectors in evaluating food labels during both domestic and import inspections.Mon, 07 Jul 2025 00:00:00 -0500a8102432-b321-466a-8b34-0611ff95cb03FDA & HealthcareUnited StatesLife SciencesFDAKathleen M. SanzoFranco A. Corradohttps://www.morganlewis.com/blogs/welldone/2025/06/fda-proposes-new-tool-for-post-market-scientific-assessment-of-food-ingredientsOn June 18, 2025, FDA announced for public comment a Post-market Assessment Prioritization Tool (Prioritization Tool) as an enhanced systematic process for post-market scientific assessment of chemicals in food, including food additives, color additives, GRAS ingredients, and food contact substances. The announcement is the agency’s latest step in its effort to modernize the framework for identifying and prioritizing substances in food for review based on public health concerns. FDA is soliciting public comment on the Prioritization Tool.Fri, 27 Jun 2025 00:00:00 -0500ff936794-c4b1-419b-b97d-3941b2bcbaa3FDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2025/05/food-for-thought-implications-of-fdas-new-chemical-review-programThe 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.Thu, 29 May 2025 00:00:00 -050019ca5b2a-4dc1-42ea-a114-52605af74346FDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2025/05/state-legislation-on-color-additives-in-food-takeaways-for-industryBoth 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.Wed, 14 May 2025 00:00:00 -050040b24053-880c-4940-a62b-9c1f9ceaa15dFDA & HealthcareLife SciencesRetail & EcommerceFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2025/04/proposed-nutrition-and-allergen-labeling-changes-for-alcoholic-beverages-key-takeawaysThe Alcohol and Tobacco Tax and Trade Bureau (TTB) has published a pair of proposed rules that if finalized could significantly reshape alcohol beverage labeling in the United States. In a move aimed at improving transparency and consumer awareness, TTB is proposing to mandate detailed nutritional and allergen disclosures on wine, distilled spirits, and malt beverages regulated under the Federal Alcohol Administration Act.Mon, 28 Apr 2025 00:00:00 -0500de480506-b300-42d2-98e0-059b1051343aFDA & HealthcareHealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2025/03/the-future-of-artificial-colors-in-the-us-food-supply-is-not-so-brightOnly 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.Mon, 24 Mar 2025 00:00:00 -0500c940f055-9e5a-46d9-9eb0-e633d1e94059FDA & HealthcareHealthcareFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2025/01/navigating-fda-from-2024-into-2025-human-foods-programAlthough 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.Mon, 27 Jan 2025 00:00:00 -0600ed946d3a-d48b-48f1-8313-5c0e2fc52b65FDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2024/10/food-safety-3-0-fda-implements-human-foods-program-alongside-long-awaited-reorganizationOn October 1, 2024, the US Food and Drug Administration (FDA) announced the implementation of its long-promised reorganization, with the establishment of the unified Human Foods Program (HFP). The HFP now oversees all FDA activities related to food safety and nutrition, organized in a single group working under the Deputy Commissioner of Human Foods.Thu, 24 Oct 2024 00:00:00 -0500fadc17f3-eec4-453e-acc4-82c04c40fb43FDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2024/08/the-horse-is-out-of-the-barn-fda-and-aafco-memo-of-understanding-on-animal-feed-ingredients-to-expireThe Association of American Feed Control Officials (AAFCO) and the US Food and Drug Administration (FDA) announced on August 2, 2024 that their long-standing Memorandum of Understanding (MOU) governing the development and review of definitions of animal feed ingredients will not be renewed once it expires on October 1, 2024. FDA described AAFCO and its relationship as “evolving” rather than “ending” and noted in a Letter to Stakeholders that FDA will continue to work closely with AAFCO and state authorities “to help ensure the safety of the animal food supply.”Mon, 19 Aug 2024 00:00:00 -0500f9167014-ae8b-4d83-965a-e4f978f2eef7FDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2024/07/fda-issues-guidance-on-foods-made-from-genome-edited-plants-in-newest-update-to-its-plant-based-cookbookThe US Food and Drug Administration (FDA) issued final guidance titled Foods Derived from Plants Produced Using Genome Editing (Genome-Edited Plants Guidance), describing the agency’s approach for evaluating the safety of foods derived from genome-edited plant varieties. The Genome-Edited Plants Guidance also describes two voluntary processes for developers to inform and engage with FDA regarding the steps taken to ensure the safety of foods from their genome-edited plant varieties.Wed, 31 Jul 2024 00:00:00 -05002d6bcff3-8e89-4524-9265-f473e0fa2843FDA & HealthcareFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2024/04/thats-a-wrap-fda-announces-phase-out-of-pfas-in-certain-food-packaging-materialsThe 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.Fri, 05 Apr 2024 00:00:00 -050016d16465-5c97-4b5f-8907-7e625ed46e6dFDA & HealthcareLife SciencesFDAKathleen M. SanzoStephanie R. Feingoldhttps://www.morganlewis.com/blogs/welldone/2024/03/from-particles-to-policy-microplastics-at-the-crossroads-of-regulation-and-litigationRising alarm over microplastics as pollutants has sparked significant attention, stirring public concern and regulatory scrutiny. While there is both a lack of standardized methods for measuring microplastics and no scientific consensus about their potential health impacts, manufacturers are facing a surge of lawsuits asserting consumer protection claims based on the purported presence of microplastics in bottled water, and questions remain about the approach state and federal regulatory agencies might take to address the widespread use of plastic products in food production and storage.Mon, 25 Mar 2024 00:00:00 -0500c554feac-c2aa-416b-a8cd-14ecc4f4c76fFDA & HealthcareLife SciencesFDAAliza R. KaretnickFranco A. CorradoMatthew D. Klaymanhttps://www.morganlewis.com/blogs/welldone/2024/03/yogurt-and-type-two-diabetes-fda-serves-up-new-qualified-health-claimThe 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.Tue, 05 Mar 2024 00:00:00 -0600a4220b35-12fb-4e74-8cc0-57b2f7a34f92FDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2023/09/combining-the-ingredients-fda-reorganizes-human-foods-infrastructure-under-a-single-leaderIn a sizable step toward reorganizing the Human Foods Program (HFP or Program) to rehaul the US Food and Drug Administration’s (FDA’s) current food infrastructure to better coordinate the agency’s regulation of food products, FDA announced the selection of James Jones, a former Environmental Protection Agency official, to serve as the first Deputy Commissioner for HFP.Wed, 13 Sep 2023 00:00:00 -05008e73833b-e944-4ccd-892a-b1d6544d50aaFDA & HealthcareFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2023/08/featherless-revolution-fda-and-usdas-approval-of-cell-cultivated-chicken-takes-flightIn 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.Tue, 08 Aug 2023 00:00:00 -0500a1758764-94de-496d-8d05-3f94b39a8ffaFDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2023/06/salt-shaking-it-up-fda-issues-proposed-rule-to-allow-salt-substitutes-in-standardized-foodsFDA 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.Tue, 13 Jun 2023 00:00:00 -0500651adabf-47b4-4d89-a042-26538740ad33FDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2023/05/a-sweet-deal-fda-allows-new-qualified-heart-healthy-claim-for-high-flavanol-cocoa-powderFDA 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.Mon, 01 May 2023 00:00:00 -0500f9ce506f-295c-43da-b67b-5d37f3e4dc7eFDA & HealthcareFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2022/04/fda-outlines-evaluation-approach-to-non-major-food-allergens-in-draft-guidanceLast week, FDA issued a draft guidance that outlines the agency’s proposed approach for evaluating the public health importance of food allergens other than the eight major food allergens identified by US law, which are milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans. By law, those allergens must be listed separately from other ingredients on food labels. As discussed in a prior blog post, sesame is set to become the ninth major food allergen on January 1, 2023.Tue, 26 Apr 2022 00:00:00 -050079a0fb9b-ac96-4303-9c14-84e78e58c9eaFDA & HealthcareFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2021/11/a-pinch-of-salt-but-no-peppering-this-time-fda-issues-voluntary-guidance-on-sodium-reductionFDA issued a Voluntary Sodium Reduction guidance in October 2021, aimed to help Americans reduce average daily sodium intake over the next two and a half years. The guidance suggests voluntary sodium reduction targets for food manufacturers, restaurants, and food service operators for 163 categories of processed, packaged, and prepared foods.Wed, 03 Nov 2021 00:00:00 -0500e4a0ab48-8c25-4b6e-b1a5-227c4c211fd7FDA & HealthcareFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2021/10/new-us-department-of-agriculture-initiative-to-combat-salmonella-in-poultryThe US Department of Agriculture (USDA) recently announced a new initiative that its Food Safety and Inspection Service (FSIS) plans to put in place to limit Salmonella in poultry plants to help reduce related illnesses.Tue, 26 Oct 2021 00:00:00 -0500c1a8a9b7-d9f5-4800-8164-c4895ddddabeFDA & HealthcareLitigation, Regulation & InvestigationsFDALITKathleen M. SanzoWashington DChttps://www.morganlewis.com/blogs/welldone/2021/10/anti-spoiler-alert-fda-issues-guidance-on-antimicrobial-agents-in-foodFDA issued an updated Q&A guidance in September 2021, Microbiological Considerations for Antimicrobial Agents Used in Food Applications: Guidance for Industry (Antimicrobial Agents Guidance), which replaces a guidance previously issued in September 2007 and revised in June 2008.Tue, 12 Oct 2021 00:00:00 -05006641396a-e896-44f1-a341-152827df0879Kathleen M. Sanzohttps://www.morganlewis.com/blogs/welldone/2021/10/fda-signs-domestic-mutual-reliance-agreements-with-four-states-to-protect-food-supplyFDA recently entered into domestic mutual reliance (DMR) agreements with the states of California, Florida, Utah, and Wisconsin to help ensure the safety of domestic food production and distribution systems. FDA’s goal is to coordinate efforts with these states to help decrease human foodborne illness outbreaks, avoid duplication of regulatory oversight, and increase public health protection. Erik Mettler, assistant commissioner for partnerships and policy in FDA’s Office of Regulatory Affairs, noted that the agency is using these partnerships to “improve industry compliance with applicable food safety requirements.”Mon, 11 Oct 2021 00:00:00 -050016c1bb53-43e1-48cd-84cb-665eda042872FDA & HealthcareFDAKathleen M. SanzoWashington DC