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    • No, GRAS Isn’t Just About VinegarMarch 20th, 2026

      It gets repeated as an article of faith: The generally recognized as safe (GRAS) exception to the definition of “food additive” in section 201(s) of the FD&C Act was intended to encompass only common food ingredients such as vinegar and salt. Not so fast. Just a …

    • Federal Court Preliminarily Enjoins Texas Labeling LawFebruary 27th, 2026

      As we previously reported, in June 2025, Texas enacted a labeling law requiring a warning statement on any food and beverage containing one of 44 specified substances.  We indicated that such state law initiatives might well be challenged by industry. So it did not come as …

    • FDA’s Latest Nudge to Phase Out Petroleum-Derived Color AdditivesFebruary 19th, 2026

      As we previously reported, HHS Secretary Robert F. Kennedy, Jr. and FDA have highlighted the removal of petroleum-based synthetic dyes which remain approved for use in food as a focus of the MAHA campaign. These dyes include FD&C Green No. 3, FD&C Red No. 40, …

    • ACI’s Advanced Summit on Food Law Regulation, Compliance, and LitigationJanuary 27th, 2026

      The American Conference Institute’s (“ACI”) milestone 10th Anniversary edition of its Advanced Summit on Food Law, Compliance and Regulation is scheduled to take place from April 28–29, 2026 at the Hilton Chicago/Magnificent Mile Suites in Chicago, IL. Since ACI’s last summit, the food industry continues to …

    • ACI’s 44th Annual FDA Boot CampJanuary 23rd, 2026

      The American Conference Institute’s (“ACI”) FDA Boot Camp returns March 25-26, 2026, at the New York City Bar, New York, NY.  This foundational training brings together life sciences attorneys, in-house counsel, and compliance professionals to dissect FDA law, policy, and enforcement trends. What You’ll Gain: A clear …

    • Ninth Circuit Sends USDA’s Agricultural Marketing Service (“AMS”) Back to Drawing Board on Some Aspects of the BE Labeling RuleNovember 10th, 2025

      As we previously reported, nearly four years ago, the Natural Grocers, Citizens for GMO Labeling, Label GMOs, Rural Vermont, Good Earth Natural Foods, Puget Consumers Co-op, and the Center for Food Safety (Plaintiffs) filed a complaint against AMS challenging the final rule implementing the National …

    • California’s New Allergen-Disclosure Law: A Sign of Things to Come?October 31st, 2025

      On October 13, 2025, Governor Gavin Newsom signed into law SB 68, titled “Allergen Disclosure for Dining Experiences Act,” officially creating a statewide requirement for certain restaurants to disclose major food allergens on their menus. What SB 68 Requires SB 68: Requires disclosure of the nine major food …

    • Kessler Petition Seeks Revocation of GRAS Status for Processed Refined CarbohydratesAugust 13th, 2025

      News coverage of the citizen petition submitted by Dr. David Kessler has been somewhat breathless, so it was nice to read the document first hand when it was posted yesterday in the docket at regulations.gov – and you should do the same. Spoiler alert! In …

    • Leading the Way: Highlights from the 12th Annual ACI Women Leaders in Life Sciences Law SummitAugust 6th, 2025

      Boston was once again the hub for female leadership in life sciences law this summer as attorneys, executives, and policymakers gathered for the 12th Annual American Conference Institute (“ACI”) Women Leaders in Life Sciences Law Summit on July 30–31, 2025. Hosted at the Seaport Hotel, the …

    • Defining “Ultra-Processed” Food: FDA Wants Your InputAugust 4th, 2025

      Since 2009, the term ultra-processed food (“UPF”) has gained recognition as there have been studies that suggest a relationship between consumption of UPFs and chronic diseases.  The term frequently focuses on processing and composition without consideration of food groups and nutritional composition.  At this time, …

    • Color Food Beautiful: FDA Approves Gardenia Blue and Continues Push to Phase OutJuly 24th, 2025

      On July 14, 2025, the U.S. Food and Drug Administration (FDA) approved Gardenia Blue, a plant-based color additive, while simultaneously making clear to industry that the Agency encourages food manufacturers to accelerate their phasing out of the use of the synthetic dye FD&C Red No. …

    • Federal Hiring Shake-Up (Again): What the Latest Executive Action and Supreme Court Decision Mean for IndustryJuly 14th, 2025

      On July 7, 2025, President Trump, via Executive Order (“EO”), issued a presidential memorandum and accompanying fact sheet directing major changes in federal civilian hiring, including extending the federal civilian hiring freeze through October 15, 2025.  Under the titular theme “Ensuring Accountability and Prioritizing Public …

    • State-Led Food Transparency: Texas and Louisiana Lead the ChargeJuly 10th, 2025

      Two southern states are taking bold steps to change the way they approach food labeling—and they’re not mincing words.  In a growing movement aligned with the “Make America Healthy Again” (MAHA) agenda, Texas and Louisiana have each passed sweeping new laws requiring clearer warnings and …

    • Last Friday was a Good Day for Those Who Want to Litigate Against the Federal GovernmentJune 23rd, 2025

      Last Friday, the Supreme Court delivered a trio of decisions making it easier to litigate against the federal government.  The facts and law in each case matter, and as is often the case when the Supreme Court “decides” an issue, much remains to be seen.  …

    • It’s a Bird, It’s a Plane, It’s an UPDATE on Operation Stork SpeedMay 19th, 2025

      Operation Stork Speed is a go! On March 18, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) launched a significant initiative called Operation Stork Speed to bolster the availability and safety of infant formula in the United …