Food and Beverage News and Trends - February 6, 2026

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

FDA releases 2026 deliverables for Human Foods Program. On January 23, the Food and Drug Administration (FDA) Human Foods Program (HFP) released its Human Foods Program 2026 Priority Deliverables, outlining a broad set of planned regulatory, policy, and scientific initiatives for the coming year. The deliverables focus on food chemical safety, reducing chronic disease through better nutrition, and microbiological food safety to prevent pathogen-related foodborne illness. Key priorities include:

• Chemical
  • Post-market safety reassessments of chemicals
  • Generally Recognized as Safe (GRAS) reforms, including mandatory notification
  • Reducing exposure to contaminants, including heavy metals, per- and polyfluoroalkyl substances (PFAS), and microplastics
  • Dietary supplement modernization
  • Allergen labeling, including gluten
  • Caffeine labeling
    
    
• Nutrition
  • Ultra-processed foods (UPFs)
  • Nutrition labeling, including front-of-package labeling
  • “Healthy” claim
  • Infant formula
  • Reducing added sugar and sodium intake
  • Working with the Federal Trade Commission on guidelines for direct marketing of certain foods to children
  • Updating standards of identity
    
    
• Microbiological
  • Increasing inspectional coverage through state partnerships
  • Enhancing the safety of imported food, including through stepped-up enforcement of the Foreign Supplier Verification Program (FSVP) rule, import certification, and use of artificial intelligence and/or machine learning for import screenings
  • Improving the safety of fresh and processed produce
  • Modernizing FDA’s recall process
  • Advancing FDA Food Traceability Rule, including for farms, restaurants, and retail establishments
  • Releasing an updated Food Code and Retail Program Standards for retail and food service 

FDA takes steps to improve gluten disclosure rules on labels. On January 21, USDA issued a Request for Information regarding labeling and preventing cross-contact of gluten in packaged food. FDA is taking this action as a first step to improve transparency in disclosures of ingredients that impact certain health conditions, such as gluten for those with celiac disease, and other established food allergens. The agency is seeking information on adverse reactions due to “ingredients of interest” (i.e., non-wheat gluten-containing grains, or GCGs – specifically rye and barley – and oats that have had cross-contact with GCGs) and on labeling issues or concerns with identifying these “ingredients of interest” on packaged food products in the US.

Canada’s voluntary Grocery Code of Conduct is fully in effect. Canada’s new Grocery Code of Conduct officially came into full force on January 1. The final piece to take effect was the dispute resolution system, which is designed to more fairly address conflicts between grocery retailers and suppliers. Work on the code began in 2021 after rising tensions between grocers and suppliers, which were heightened during the COVID-19 pandemic. The voluntary code, created by industry stakeholders, sets expectations for ethical behavior, clearer commercial agreements, and transparent rules around payments and charges. Oversight is handled by the Office of the Grocery Sector Code of Conduct, which recently finalized its governance structure and has started formally enrolling participants. More than 100 major companies have agreed to adopt the code.

President signs Whole Milk for Healthy Kids Act; USDA issues implementing guidance. On January 14, President Donald Trump signed the Whole Milk for Healthy Kids Act into law, restoring whole and 2-percent milk options in school meal programs and expanding non-dairy beverage options. The US Department of Agriculture (USDA) then issued program implementation guidance for school nutrition officials. The guidance notes that “effective immediately, schools participating in the National School Lunch Program may offer students at lunch the following fluid milk options: whole, reduced-fat (2 percent), low-fat (1 percent), and fat-free fluid milk and lactose-free fluid milk, and non-dairy beverages that are nutritionally equivalent to fluid milk and meet the USDA nutritional standards for fluid milk substitutes.” Whole milk will not be mandated but rather choices about expanding milk options will be left to the school systems.

Physicians’ group challenges 2025-2030 Dietary Guidelines for Americans. On January 8, the Physicians Committee for Responsible Medicine (PCRM) filed a petition with the Offices of Inspector General calling on the Department of Health and Human Services (HHS) and USDA to withdraw the 2025-2030 Dietary Guidelines for Americans due to “rampant industry influence.” Eight of the nine authors of the scientific report underlying the DGA, the petition states, received research funding or other compensation from groups linked to the beef and dairy industries. The new DGA includes recommendations to eat more meat, cut down on added sugars, and avoid highly processed foods; meat and dairy products are placed at the top of its inverted pyramid, along with fruits and vegetables. See our report on those guidelines here.

Canadian government outlines new measures to boost affordability and strengthen food security. The Canadian government has announced it is increasing the former Goods and Services Tax (GST) Credit, now the Canada Groceries and Essentials Benefit, by 25 percent for five years starting in July 2026, with a one-time top-up this year. The benefit will deliver up to $1,890 to a family of four and $950 to a single person and will provide support to more than 12 million Canadians. The government is also rolling out a package to tackle food insecurity and supply-chain pressures, including $650 million for businesses and food security programs, tax measures to lower food production costs, new funding for food banks, and the development of a National Food Security Strategy to strengthen domestic supply, improve affordability, and enhance competition in food markets. On February 4, 2026, Bill C-19, Canada Groceries and Essentials Benefit Act, completed its Consideration in committee, Report stage, and Third reading in the House of Commons.

USDA tightens requirements on "Product of USA" labeling. Effective January 1, meat, poultry, and egg products may only carry a “Product of USA” or “Made in the USA” label when animals are born, raised, slaughtered, and processed entirely in the United States. Previously, products made from imported animals that were processed domestically could be labeled “Product of USA,” but USDA determined that these practices conflicted with consumer expectations and that some shoppers could find them misleading. Producers are required to maintain documentation on file and submit it within 24 hours of a demand from USDA’s Food Safety and Inspection Service (FSIS). Enforcement of the rule will include scrutiny of sourcing records, supply-chain traceability, and internal controls supporting the label language. FSIS guidance also addresses the use of state pride imagery: state outlines, maps, or flags may only appear without qualification if the animal was born, raised, slaughtered, and processed in that state. The “Product of USA” or “Made in the USA” labels are voluntary: the rule does not reinstate once-mandatory Country-of-Origin Labeling (COOL) for meat or poultry, which was repealed in 2015.

Canada approves PRRSV-resistant pigs for food and feed. Health Canada and the Canadian Food Inspection Agency (CFIA) have approved pigs gene-edited to be resistant to porcine reproductive and respiratory syndrome viruses (PRRSV) for use in human food and livestock feed following independent safety assessments that found the pork to be as safe and nutritious as conventional products. The move is aimed at helping farmers reduce illness in pig herds, lower antibiotic use, and support a more stable and affordable pork supply. It joins similar approvals in countries including the US and Brazil. No special labeling is required.

FSIS updates safe-ingredients directive for meat, poultry, and egg products. On January 27, FSIS issued the 60th revision to Directive 7120.1, Safe and Suitable Ingredients Used in the Production of Meat, Poultry, and Egg Products, which governs the ingredients permitted in the production of meat, poultry, and egg products. The update provides inspection program personnel with the most current changes to substances that may be used in federally inspected products. It also updates terminology to better align with FSIS process categories. As part of this change, the term “ready-to-eat meat and poultry products” replaces the previous description of “processed and preformed meat and poultry products.” These terminology updates are incorporated into FSIS’s complete list of safe and suitable ingredients. The revised directive no longer provides the complete listing of approved substances, the On-Line Reprocessing listing, and the Off-Line Reprocessing Antimicrobial Intervention Systems listing. Instead, it only provides a list of the latest changes. The complete listings are maintained separately by FSIS.

West Virginia's ban on food dyes temporarily blocked. In late December, the US District Court for the Southern District of West Virginia granted a motion for a preliminary injunction pausing West Virginia’s HB 2354, which bans the use of certain food color additives statewide. The suit, brought by the International Association of Color Manufacturers (IACM), charges that the law unfairly targets color manufacturers and that it is unconstitutionally vague in its definition of "poisonous or injurious" additives. In its memorandum and order, the court rejected IACM’s claims of unfair targeting, but found the challengers were likely to succeed on their claim that the legislation is unconstitutionally vague. The preliminary injunction does not affect the school food provisions of the law, which took effect in August, but enforcement of all other aspects of the law, which are set to go into effect on January 1, 2028, will be paused as the case moves forward. A separate lawsuit filed in December in the US District Court for the Western District of Texas is challenging Texas’s new food warning law, SB 25, which requires food manufacturers to add a warning label on packaging to disclose the presence of 44 specified additives.

Health Canada seeks feedback on draft guidance for asbestos in drinking water. Health Canada has released a draft guidance document on asbestos in drinking water for a 60-day public consultation ending March 24, 2026. The guidance is designed to help regulatory authorities and decision makers assess and manage potential exposure. It notes that asbestos can enter water from natural sources and aging asbestos-cement pipes, but it does not recommend a maximum acceptable concentration, as Health Canada states that current evidence does not clearly show adverse health effects from ingesting asbestos. Comments may be sent to Health Canada via water-consultations-eau@hc-sc.gc.ca before March 24, 2026.

Senator Durbin introduces legislation to improve transparency and safety of dietary supplements. On January 15, Senator Dick Durbin (D-IL) reintroduced the Dietary Supplement Listing Act, legislation that would require dietary supplement manufacturers to register their products with FDA. The Dietary Supplement Health and Education Act (DSHEA), enacted in 1994, gave FDA oversight of dietary supplements – but DSHEA did not require dietary supplement companies to register their products with FDA. Since then, the dietary supplements market has surged, and FDA estimates that there are currently more than 100,000 dietary supplements in the US marketplace, with annual sales of more than $50 billion. The Dietary Supplement Listing Act would require companies to provide FDA with critical information about their products, including product names, a list of each product’s ingredients, an electronic copy of the label, allergen statements, and health and structure/function claims. This information would be made publicly available through an electronic database. The current version has earned endorsements from the Council for Responsible Nutrition, Consumer Federation of America, United States Pharmacopeia, United States Public Interest Research Group, and supplement producer Ritual.

Proposed Hemp Act would create national US regulatory framework for CBD. On January 22, Representatives Morgan Griffith (R-VA) and Marc Veasey (D-TX) introduced the Hemp Enforcement, Modernization, and Protection (HEMP) Act, a bipartisan bill that would establish comprehensive regulatory framework under the Federal Food, Drug, and Cosmetic Act for “cannabinoid hemp products” intended for human use. The bill defines “cannabinoid” broadly to include chemicals regardless of source (including those naturally occurring in Cannabis sativa L., as well as their acids, salts, esters, ethers, derivatives, and isomers – including synthetic derivatives). The Act would direct FDA to issue a regulation that includes, among other things, setting milligram thresholds for total cannabinoid content in oral, inhalable, and topical cannabinoid hemp products and setting thresholds for total intoxicating cannabinoid content in oral cannabinoid hemp products. “Oral cannabinoid hemp product” is defined as a product consumed through ingestion, sublingual absorption, or buccal absorption and includes edibles, beverages, tinctures, oils, tablets, capsules, and oral pouches. If FDA fails to issue its final rule within three years, the bill would apply backstop limits automatically.

FDA releases consumer-friendly interactive tool for Total Diet Study results and new data. On January 27, FDA released the Total Diet Study Interface (TDSi), a consumer-friendly interactive web tool that provides streamlined access to findings from FDA's Total Diet Study (TDS), consistent with FDA’s commitment to increased transparency and continuous improvement in its food chemical safety program. TDSi is a continuous monitoring program that collects, prepares, and analyzes data on nutrients and chemical contaminants in foods representing the average US consumer's diet. Concurrent with the launch of TDSi, FDA released the most recent cycle of TDS data, including results from fiscal years 2021 and 2022, incorporating these datasets into TDSi.

FDA panel outlines recommendations for infant formula reforms. Three papers published this month in Advances in Nutrition outline recommendations and approaches from FDA’s expert panel on infant formula convened last year under Operation Stork Speed. The papers – which collectively propose significant updates to US infant formula standards – address nutrient composition, regulatory and safety oversight, and marketing and use considerations. The panel urges changes to fatty acid requirements, carbohydrate sources, and protein and micronutrient limits and calls for enforceable standards on contaminants such as heavy metals to better align national regulations with international benchmarks. The papers further cite barriers in FDA’s current regulatory framework that could slow innovation, note certain formula marketing practices that may undermine breastfeeding, and examine the roles of donor human milk, specialized formulas, and probiotics in high-risk and preterm infant care. Operation Stork Speed is an initiative launched in March 2025 to modernize infant formula oversight and expand options for safe, reliable, and nutritious infant formula sold in the US.

New state baby food testing for heavy metals, labeling laws take effect. On January 1, Virginia and Illinois became the third and fourth states requiring manufacturers of baby food to test products for the presence of heavy metals (lead, cadmium, arsenic, and mercury) and make the results publicly available. They join California and Maryland in these requirements. The new regulations require manufacturers to test product batches of baby food and disclose results to consumers through on-package QR codes and online postings. The disclosure requirement is already in effect in California, Maryland, and Virginia; Illinois will require disclosure beginning in 2027. All four states require monthly testing by a proficient laboratory of samples taken from the manufacturer’s final baby food product or the finished product of baby food. In scope are foods packaged in jars, pouches, tubs, or boxes sold specifically for babies and children under two years old. Each of these state laws requires heavy metals testing of baby foods, but not infant formulas. 

FSIS extends comment period on efforts to reduce Salmonella in poultry products. On January 30, FSIS announced that it is extending the comment period an additional 30 days for responses to its January 14 public meeting, Exploring Practical Strategies to Reduce Salmonella in Poultry Products. The comment period will now close on March 4. The public meeting was held on January 14 to discuss practical strategies for reducing Salmonella illnesses attributed to poultry products. Read our coverage of the meeting here.

FSIS issues No Objection Letter for a Listeria control processing aid. On January 8, Quebec-based biotechnology company Innodal announced that FSIS has issued a No Objection Letter (NOL) confirming the acceptability of its product Inneo as a clean-label processing aid to control Listeria monocytogenes in red meat and poultry products. FSIS confirmed it has no objection to the intended uses of Inneo as an antimicrobial intervention when applied on product surfaces or mixed into ready-to-eat formulations. The Inneo technology, which is already commercialized in Canada, previously received GRAS status from FDA.

FDA reports that sales of antibiotics for food-producing animals jumped 16 percent in 2024. In December, FDA released the 2024 Summary Report on Antimicrobials Sold or Distributed for Use in Food-Producing Animals, the latest annual summary of data submitted to the agency by animal drug sponsors as required under the Federal Food, Drug, and Cosmetic Act. The data indicates that sales and distribution of “medically important” antibiotics, the same drugs used for humans, increased by 16 percent between 2023 and 2024 in the US. This increase is a departure from the generally stable annual sales and distribution data reported to FDA since 2017; the previous year, sales had declined by 2 percent. Civil Eats reports that sales were up for cattle, pigs, and poultry, even when adjusted for the number and weight of animals raised. An HHS spokesperson said that FDA “continues to evaluate the findings from this report, along with other information, as part of implementation of its 5-year plan for supporting antimicrobial stewardship in veterinary settings.” 

FDA ImportShield Program strengthens oversight at US ports of entry. On January 21, FDA announced its initial review of the effectiveness of the FDA ImportShield Program (FISP), which launched in August 2025 with the goal of streamlining FDA review of imported products and tackling the rising volume of imports. In its first four months, the review concluded, FISP has increased processing speed by 66 percent, boosted monthly volume capacity by 33 percent, and reduced staff hours by 20 percent, saving approximately 3,388 hours each month. FISP, formerly known as the Nationalized Entry Review Program, combined five formerly separate regional teams into one centralized operation with the goal of providing consistent oversight across all US ports of entry under unified management to improve efficiency, consistency, and accountability in import decision-making. For example, when high-risk products such as tainted infant formula or counterfeit medications are discovered at one port, all other ports are promptly notified, supporting consistent monitoring and enforcement while helping to prevent bad actors from exploiting gaps between regional teams.

New World Screwworm (NWS) update

• On January 20, the CDC issued a health advisory about recent NWS cases in cattle in the Mexican state of Tamaulipas. The advisory urges clinicians, public health authorities, and the public to be on the lookout for infestations in people. To date, the NWS fly has not been detected in the US. All southern ports of entry remain closed to livestock.
  
  
• On January 21, Secretary of Agriculture Rollins announced the launch of the New World Screwworm Grand Challenge, under which USDA’s Animal and Plant Health Inspection Service (APHIS) will make available up to $100 million to support innovative projects that enhance sterile NWS fly production and strengthen preparedness and response strategies to safeguard US agriculture, animal health, and trade. See the funding opportunity here.
  
  
• On January 23, the Kansas Department of Health and Environment followed with its own advisory, noting that mandated reporters, including clinicians, are required by Kansas law to report all suspected cases of NWS human infestations to the 24/7 KDHE Epidemiology Hotline.
  
  
• On January 29, Texas Governor Greg Abbott issued a statewide disaster declaration about the imminent threat of NWS to Texas livestock and the state economy. The declaration frees up additional resources for the Texas New World Screwworm Response Team.
  
  
• On January 31, USDA announced it will reallocate aircraft to release 100 million sterile flies a week along the US–Mexico border to help stop the spread of NWS. The shift will particularly focus on a new dispersal area that extends about 50 miles into Texas from its border with Tamaulipas state.

Avian flu update

• The H5N1 variant of avian influenza continues to affect agricultural operations around the world. In the 30 days before this writing, 17 commercial flocks and 42 backyard flocks have been stricken by the virus in the US, affecting 2.8 million birds. On January 30, the Colorado Agriculture Department confirmed an outbreak of H5N21 in a commercial operation in Weld County, the first confirmed appearance of the virus in a Colorado poultry operation since mid-2024. That same day, Lieutenant Governor Dianne Primavera issued a disaster declaration for Weld County to unlock additional resources for health officials and farmers. Lieutenant Governor Primavera issued the declaration pursuant to her position as acting governor while Governor Jared Polis was attending Colorado River water negotiations in Washington, DC.
  
  
• On January 26, the Dutch Ministry of Affairs reported that avian influenza antibodies had been detected in a dairy cow in the province of Friesland – the first discovery of H5N1 in a cow outside the US. The blog Avian Flu Diary reported that, on January 29, the House of Representatives of the Netherlands was notified that avian influenza antibodies had been found in five additional cows in Friesland. Testing at that dairy facility is ongoing, including testing of the farm’s employees and its veterinarian.
  
  
• In China, local officials are investigating the dumping in a drainage ditch of hundreds of chickens that had died of H5N1. Illegal disposal of diseased and dead poultry is a violation of China’s Animal Infectious Disease Prevention and Control Act.
  
  
• The title of a study published on January 27 in the journal Nature states: “An outbreak of highly pathogenic avian influenza H5N1 could impact the dairy cattle sector and the broader economy in the United States.” The study simulates the impacts of H5N1 on the US and its main trading partners under the current situation and realistic and reasonable worst-case scenarios. Most notably, the researchers “estimate domestic economic losses ranging between 0.06% and 0.9% of US GDP, with losses to the dairy sector ranging between 3.4% and 20.6%.” See the study here.