Food and Beverage News and Trends - September 19, 2025

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape.

MAHA Commission issues Make Our Children Healthy Again Strategy Report. On September 9, 2025, the MAHA Commission released The Make Our Children Healthy Again Strategy Report, which outlines a broad set of proposed updates to federal nutrition and food safety policy. This strategy follows up on the spring MAHA Assessment that identified four potential drivers behind the rise in childhood chronic disease: poor diet, chemical exposure, lack of physical activity and chronic stress, and overmedicalization. At its core, the report details MAHA’s strategic approach to addressing chronic disease rates. The four main pathways are: (1) advancing critical research to drive innovation, (2) realigning incentives and systems to drive health outcomes research to drive innovation, (3) increasing public awareness and knowledge, and (4) fostering private sector collaboration. Key regulatory reforms and action items include:

• Phasing out petroleum-based food dyes
• Closing the “GRAS loophole”
• Modernizing infant formula standards
• Increasing testing for heavy metals and other contaminants in infant formula
• Enhancing post-market review of chemical food additives, including food and color additives, food-contact substances, and unintentional contaminants
• Evaluating the risks and exposures of microplastics and synthetics
• Revising the Dietary Guidelines for Americans to align with science, data, and health recommendations to prioritize whole, minimally processed foods and to reduce added sugars and ultra-processed items
• Removing restrictions on whole milk and full-fat dairy in schools
• Potential revisions to Front-of-Pack Nutrition Information rulemaking
• Defining “ultra-processed food” for future research and policy
• Potential revisions to standards for Federal nutrition programs, eg, school meals, SNAP, Head Start, and hospital menus

The strategy document also seeks to establish the Administration for a Healthy America (AHA) within HHS and other offices throughout the federal government to advance the MAHA initiatives identified in this document.

FDA to hold public meetings on allergens. FDA will hold a virtual public meeting on November 18, 2025, as well as follow up listening session on November 19–20, 2025, to discuss strategies regarding food allergen thresholds to enhance food safety, including approaches to labeling to assist consumers in making more informed choices. During the facilitated discussions, FDA is specifically requesting feedback to address risk-based food allergen thresholds concept; risk communications and labeling; potential applications of food allergen thresholds; and challenges with food allergen thresholds in the US. You can register for the meeting here.

FDA proposes revocation of authorization of Orange B food dye. On September 17, the FDA proposed revoking the regulation authorizing the use of the petroleum-based food dye Orange B as a color additive in food. “Its use has been abandoned by industry,” the agency said in a statement. “The color additive regulation is outdated and unnecessary.” After a brief public comment period, the revocation would take effect in 45 days. The move follows the FDA’s decision in January to ban Red No. 3 because of potential cancer risk. The FDA stated that is “working closely with food manufacturers, retailers, and trade associations to eliminate six remaining certified color additives frequently used in the food supply – FD&C Green No. 3, FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1, and FD&C Blue No. 2.” As part of this effort, the agency has posted a tracker of voluntary industry commitments to remove petroleum-based food dyes in products sold in schools by the start of the 2026 school year and more broadly by 2027. See some of our earlier coverage of the FDA’s moves to eliminate synthetic dyes from the food supply here.

Comment period extended for RFI on ultra-processed foods. Responding to requests for more time, on September 18, the FDA and USDA announced they are extending the comment period for the Request for Information (RFI) on ultra-processed foods by 30 days. The new deadline is October 23, 2025.  With this RFI, issued in July, the agencies aim to gather information to help establish a federally recognized uniform definition for ultra-processed foods. 

FDA publishes rule allowing use of hydrogen peroxide as antimicrobial in meat, poultry. The FDA has published a final rule amending existing regulations to allow the use of hydrogen peroxide in food, including meat and poultry, as an antimicrobial agent, oxidizing and reducing agent, and bleaching agent, and to remove sulfur dioxide. The agency concurred with a petition by Cargill demonstrating that uses would not result in increased dietary exposure to hydrogen peroxide. Hydrogen peroxide is already generally recognized as safe for use as an antimicrobial in the production of modified whey by ultrafiltration. The rule became effective September 3.

FSIS updates salmonella verification testing page. On September 5, the USDA’s FSIS updated the Salmonella Verification Testing Program Monthly Posting page on the FSIS website. The updates reflect the most recent available data, from July 28, 2024 through July 26, 2025, for individual establishment Salmonella performance standard category information for raw poultry carcasses, raw chicken parts, and comminuted poultry products. In addition, the FSIS Library of Export Requirements has been updated for Barbados, Canada, China, Dominica, Hong Kong, Iraq, Jamaica, Japan, Mexico, Singapore, South Africa, and the United Arab Emirates.

FSIS releases new guideline for applying for inspection. On September 15, FSIS announced the availability of FSIS Guideline for Applying for USDA FSIS Inspection in the Federal Register (90 FR 44361). The guideline provides instructions for individuals or businesses inquiring about applying for a grant of inspection. Intended to assist prospective applicants, particularly small and very small businesses, in understanding the application process and FSIS regulatory requirements, it sets out clear, accessible information on such factors as how to determine whether FSIS inspection is required; the application process for obtaining inspection; FSIS verification activities; and resources available to support new applicants. The public comment period on the document is open through November 14, 2025.

USDA-FSIS removes Moisture Protein Ratio reference for jerky in policy book. USDA’s Food Safety and Inspection Service has, after a three-year review, approved the Meat Institute’s petition requesting the deletion of the Moisture Protein Ratio (MPR) reference from the “Jerky” entry in the FSIS Food Standards and Labeling Policy Book. FSIS agreed with the petitioner that while jerky is a shelf-stable product, the MPR reference in the “Jerky” entry is outdated and not necessary to ensure food safety. The MPR reference in the “Jerky” entry, which the agency deemed “unnecessary and confusing,” has been deleted.

FDA amends food additive regulations for safe use of vitamin D3 in certain cultured dairy products. Effective September 4, the FDA has amended the food additive regulations to provide for safe use of vitamin D3 as a supplement in yogurt and other cultured dairy products fermented with Lactobacillus delbrueckii, subspecies bulgaricus and Streptococcus thermophilus at a higher level than previously allowed. The update was made in response to a food additive petition. The agency notes that objections to the amendment may be made through October 6.

Canadian Food Inspection Agency introduces updated oyster disease declarations and movement controls in eastern Canada. As of September 2, the CFIA has declared marine waters in Prince Edward Island, Nova Scotia, New Brunswick, Newfoundland and Labrador, and Quebec as infected areas due to the presence of MSX (Multinucleate Sphere Unknown) and Dermo (also known as Perkinsosis) – two diseases that affect oyster health but do not pose risks to human health or food safety. Under the Domestic Movement Control Program (DMCP):

• Commercially ready oysters that have been processed for human consumption can still be sold and exported, even from infected areas.
• Growing oysters (not yet ready for market) cannot be moved outside the declared infected zones.
• CFIA permits are no longer required for moving oysters or gear within the declared zones, simplifying operations for growers and processors.

CFIA chooses not to fine grocers over “maple washing.” The CFIA has identified 12 instances of “maple washing” – the use of Canadian symbols to market imported food products – but has opted not to issue fines, which can reach up to CAD15,000 per violation. Instead, the CFIA stated it “took action” in each case, and all grocers involved corrected the issue. The decision not to impose penalties has sparked concern among some consumers who are trying to support Canadian-made products, especially in light of ongoing tariffs.

Canada and Ontario invest CAD4.77 million in agri-food research and innovation. The governments of Canada and Ontario are jointly investing up to CAD4.77 million to support 48 agri-food research and innovation projects, along with 20 companies, through the Ontario Agri-Food Research Initiative (OAFRI). This funding is part of the Sustainable Canadian Agricultural Partnership – a CAD3.5-billion, five-year (2023–2028) initiative by federal, provincial, and territorial governments. The funding is aimed at boosting the competitiveness, innovation, and resilience of Canada’s agriculture, agri-food, and agri-based products sector. OAFRI provides funding for research, innovation, and commercialization streams. Examples of research projects funded include:

• Piloting new growing strategies to boost grape quality, yields, and food safety for Ontario-grown table grapes
• Using natural compounds from probiotics to reduce harmful bacteria like Salmonella developing in raw poultry
• Enhancing a robotic platform to apply key crop nutrients more precisely in fields, and
• Developing a non-invasive tool using imaging and artificial intelligence to detect mastitis early in dairy cattle, improving milk quality and animal welfare.

Soybean boycott. China this year has drastically cut its purchases of US-grown soybeans, instead entering into agreements to purchase crops from Argentina, Brazil, and other South American countries. In recent years, China has been the leading importer of US soybeans, for instance purchasing 54 percent of the export crop in the 2023–2024 marketing year. Since May this year, however, China has placed no orders whatsoever for the 2025–2026 crop year. As the ramifications of the Chinese boycott deepen, the price of US soybeans is falling, from USD10.56 per bushel in late August to below USD9 a bushel at this writing. Some farmers are seeking alternative markets, for instance in Southeast Asia and Europe, but those markets want lower volumes and offer lower margins. Concerns are also being expressed in the business press about potential knock-on effects for trucking, rail, and port operations across the country arising from the boycott. Reportedly, the topic of agricultural trade will be part of discussions this week as US and Chinese officials meet in Spain for a further round of economic negotiations.

NMFS: US will no longer accept seafood imports from 42 noncompliant countries. The National Marine Fisheries Service (NMFS), an agency of the Department of Commerce, announced that the US will no longer accept seafood products from 42 countries that fail to comply with American bycatch standards. Those standards, set out in the import provisions of the Marine Mammal Protection Act (MMPA), require the US to ban the importation of commercial fish or products from fish that have been caught with commercial fishing technology which results in the incidental kill or incidental serious injury of ocean mammals in excess of US standards. This is the first time that the NMFS has evaluated and issued final comparability findings – which determine whether a foreign fishery's regulations for protecting marine mammals are as effective as those in the US – for all 135 harvesting nations and 2,500 fisheries that seek to export fish and fish products to the US. The restrictions go into effect on January 1, 2026.

Massachusetts ballot proposals would recriminalize adult-use recreational cannabis use. On September 3, Massachusetts Attorney General Andrea Joy Campbell certified two versions of a ballot initiative petition that would appear on the November 2026 ballot and which if approved by voters would effectively re-criminalize adult-use recreational cannabis sales in the state while maintaining medical access. Both versions are called “An Act to Restore A Sensible Marijuana Policy”; both would modify Massachusetts General Law Chapter 94G, Section 7 to eliminate commercial sales for adult use and home cultivation of cannabis, but allow possession of up to an ounce of cannabis for people 21 and older. One version would set THC potency limits for medical marijuana. Since dispensary sales launched in December 2018 in Massachusetts, the USD1.6 billion retail market has provided the Commonwealth with nearly USD900 million in excise tax revenue and roughly USD540 million in sales tax revenue. If either initiative passes, it would be the first-ever repeal of adult-use cannabis sales in the US. The petition needs 74,574 signatures from registered voters to qualify for the ballot.

California set to ban ultra-processed foods in schools. The California Assembly has approved legislation that defines and bans ultra-processed foods (UPFs) in public school meals. AB 1264 amends Section 49431 of the California Education Code to define UPFs of concern and directs experts at the California Department of Public Health to identify a subcategory of especially harmful UPFs to be phased out of public school food service by 2035. The bill is now headed to the desk of Governor Gavin Newsom, who in January issued an executive order addressing ultra processed foods. AB 1264 sets out requirements for foods and beverages sold to students during the school day – for instance, schools may only sell to students foods that are “fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable.” It also includes a complex definition of UPFs based on fat, sugar, and sodium content; calorie counts; the presence of substances with certain “FDA-defined technical effects,” among them stabilizers, emulsifiers, colorants, and nonnutritive sweeteners. Raw agricultural products, minimally processed foods, infant formulas, and pasteurized milk are among the foods exempt from the California definition of UPFs. California banned an array of food additives in 2023.

Proposed bill would increase line speed limits in pork and poultry facilities. The American Protein Processing Act, a bill introduced in the House early this month, would increase line speed limits in pork and poultry production facilities. In 2021, the US District Court for the District of Minnesota vacated part of the New Swine Slaughter Inspection System (NSIS) that had eliminated line speed limits for participating establishments and required all NSIS establishments, starting in June 2021, to operate at line speeds not exceeding 1,106 head per hour. Since then, FSIS and OSHA have invited NSIS establishments to take part in time-limited trials (TLTs) to study the effect of higher line speeds on workers. Those studies are ongoing while FSIS works on rulemaking to finalize faster line speed maximums. The American Protein Processing Act would remove the FSIS role in setting such line speeds, creating “a permanent framework to ensure pork and poultry processing facilities are able to maintain full operational capacity.” The measure, introduced by Representative Brad Finstad (R-MN), is in the earliest legislative stages.

Study: Warming climate prompts higher sugar consumption. Rising temperatures across the US have led to increased sugar intake, concludes a study published on September 8 in the journal Nature Climate Change. The study, one of few to explore how climate affects dietary demand, sought to quantify the increased intake of sugar-sweetened drinks and frozen desserts in US households between 2004 and 2019. It is based on nationally representative food purchase data from the Nielsen Homescan Consumer Panel dataset that tracked product purchase records from 40,000 to 60,000 US households – sample sizes varied by year, but the same households were tracked for multiple years to provide longitudinal data. The researchers turned to the Food and Nutrient Database for Dietary Studies for information on the contents of products appearing in the Nielsen dataset. Among the key findings, the study found that added sugar consumption increases with temperature, especially between 12°C (53.6°F) and 30°C (86°F), primarily driven by sugar-sweetened beverages like juices and sodas, and frozen desserts, like ice creams. At temperatures above 30°C, added sugar consumption appeared to plateau but, the researchers cautioned, that result could be ascribed to very limited data on consumption at those temperatures. The study further projects “a substantial nationwide increase in added sugar consumption of 2.99 g per day by 2095” if current climate trends continue and concludes, “These findings underscore the urgent public health implications of climate-induced dietary changes.” See the study here.

Avian flu update.

• On September 12, Canada's Federal Court of Appeal denied an application for a stay order to delay the cull of approximately 400 ostriches at a BC farm affected by avian influenza. This decision lifts the interim stay previously granted to allow the farm time to make legal submissions. Justice Gerald Heckman, in his ruling, stated that the farm failed to present any “serious or arguable issue” warranting consideration by the Supreme Court of Canada. He also noted that the affidavits submitted by the farm in response to the CFIA were disregarded in accordance with court rules. The CFIA’s latest submissions included an affidavit from Dr. Cathy Furness, Canada’s deputy chief veterinarian, confirming that the ostriches were infected with a novel and more lethal strain of avian flu. The strain, described as a “novel reassortment,” was found to have enhanced pathogenicity and was among the most virulent tested at Canada’s National Microbiology Laboratory. Even low doses proved fatal to mice within days. While Justice Heckman expressed sympathy for the farmers, he emphasized that they had been given a “full and meaningful opportunity” to challenge the CFIA’s cull order but had not succeeded. He concluded that the farm had not demonstrated that the harm it would suffer outweighed the potential risk to public interest if the stay were granted. Universal Ostrich Farms in Edgewood, which has been contesting the cull for months, is now facing an active cull order and evaluating its next steps. Although the farm intends to seek leave to appeal to the Supreme Court by October 3, Heckman ruled that it had not established sufficient grounds for further appeal. Katie Pasitney, speaking on behalf of the farm, said they have “formally petitioned” the Minister of Agriculture to rescind the cull order.
  
  
• On September 10, the USDA declared that Minnesota farms are officially “unaffected” by H5N1. No avian flu has been found in commercial poultry or dairy herds in the state since March. Meanwhile, on September 5, the USDA’s APHIS confirmed an outbreak of H5N1 in a dairy herd in Texas – the first case found in a Texas herd since May, and the first case after a month of no confirmed outbreaks in US herds. That, same day APHIS confirmed an outbreak of avian influenza in turkey farms in North Dakota and South Dakota – the first outbreaks in US commercial flocks since early July. On September 12, H5N1 was confirmed in a domestic poultry flock in Montana, the first outbreak in that state since March. USDA will continue monitoring for the virus across the US until agricultural operations in all 50 states are officially H5N1 free.
  
  
• On September 4, the FDA issued a warning for cat owners about H5N1 contamination in certain lots of RAWR brand Raw Cat Food Chicken Eats, following a report from the San Francisco Department of Public Health that the same strain of the virus was present in a deceased cat and in the food it had eaten. According to the USDA, nearly 70 housecats in the US have been infected with H5N1 this year alone, many of them indoor pets that had no contact with wild birds and that had consumed raw pet foods or raw milk contaminated with the virus. To date, H5N1 has not been found in dogs in the US; however, AP reports that fatal canine cases have occurred in other countries.
  
  
• The ongoing outbreak of H5N1 in birds and dairy cows “has led to an urgent effort to understand the risk to human health posed by potential GI [gastrointestinal] exposure to HPAI A(H5N1) virus following consumption of virus-contaminated products,” states a new review of numerous existing studies from a group of CDC scientists. The study concludes that the risk to mammals, including humans, of such infection “is low, but theoretically possible.” It goes on to call for further research into “the risks posed by consuming or ingesting material containing live HPAI A(H5N1) viruses.” The study is "The (digestive) path less traveled: influenza A virus and the gastrointestinal tract."