Food and Beverage News and Trends - November 7, 2025

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

Senate hearing on nomination of Dr. Mindy Brashears. On October 29, the Senate Committee on Agriculture, Nutrition, and Forestry held a confirmation hearing on the nomination of Mindy Brashears, PhD, to serve as the USDA’s Under Secretary for Food Safety. Dr. Brashears, a career food research scientist and microbiologist, told the committee that, should she be confirmed, she would prioritize Salmonella control, aiming to remove the most dangerous strains from the US food supply, and would also focus on control of Escherichia coli and Listeria monocytogenes. Dr. Brashears is currently a professor and the director of the International Center for Food Industry Excellence at Texas Tech University. She previously served as USDA Deputy Under Secretary for Food Safety in 2020 and 2021 and was instrumental in the rollout of the USDA’s Roadmap to Reducing Salmonella: Driving Change through Science-Based Policy, a proposed framework that was withdrawn by USDA in April this year. “One of the foundational principles in that roadmap was making data-driven and science-based decisions,” Dr. Brashears told the committee.

New food industry coalition calls for GRAS reform, federal preemption of state-level food transparency laws. On October 22, major United States agriculture and food and beverage associations announced the launch of Americans for Ingredient Transparency (AFIT), a coalition created to advocate for standardizing front-of-package labeling; requiring QR codes on food packaging; reforming the Generally Recognized as Safe (GRAS) process; and consolidating ingredient safety authority solely under the Food and Drug Administration (FDA), preempting state food-safety laws. Statements from AFIT are primarily focusing on the latter goal. In its initial press release, AFIT stated that the “well-intentioned” state-level food transparency laws recently enacted across the US “are creating an ever-expanding patchwork of disjointed food, beverage, and personal care regulations that are increasing confusion, rather than providing Americans with the clarity they deserve.” The release went on to state, “AFIT supports one federal standard, and it stands ready to work with the Trump Administration and Congress on incorporating Generally Recognized as Safe (GRAS) reform, Front-of-Package labeling reform, and QR code reform into federal law.”

More than 80 groups urge Congress to protect state food additive bans. On October 23, a coalition of 84 consumer protection and public health organizations signed a letter calling on Congress to oppose legislative efforts that would limit state laws regarding food additives. “States have led efforts to address the risks posed by food and food contact chemicals by enacting laws in five states and considering laws in more than 20 states,” the letter states. “We understand that Congress may consider food safety legislation. As you do so, we urge you to reject efforts to limit the power of states to protect consumers… and to reject efforts to undermine the important supplementary role played by states.” California’s AB 418, banning four food additives and enacted in 2023, and recently enacted measures in the state and in West Virginia, are among the state laws banning the sale of foods containing certain ingredients statewide or from public schools.

Farmers urge USDA action to support family farmers and local, healthy food. On October 24, a coalition of 120 organizations, farmers, and medical professionals urged the Department of Agriculture (USDA) to realign its policies and funding priorities to support “programs that deliver local, healthy food to communities while safeguarding farmers, families, and the land itself.” The group, spearheaded by Farm Action, United We Eat, and Moms Across America, sent a letter to USDA Secretary Brooke Rollins stating that rising bankruptcies, tariff turbulence, and recent cuts to key USDA conservation and local food procurement and infrastructure programs have left family farmers vulnerable, and that families’ lack of access to healthy food leads to higher rates of diabetes, obesity, asthma, and other chronic conditions. The letter stated, "USDA’s $5 billion commodity procurement budget overwhelmingly benefits industrial agribusiness, with just 25 corporations capturing 45% of USDA food spending." The group is calling on the USDA to use its purchasing power to back independent, sustainable farmers; reinstate local procurement funding for such programs as Local Food for Schools and Child Care and Local Food Purchase Assistance; promote whole, healthy foods across its 16 nutrition programs, including school meals; give farmers the tools to build healthy soil and reduce dependence on expensive chemical inputs; and ensure relief programs reach all farmers, not just commodity producers.

Release of Dietary Guidelines for Americans is delayed. The 2025–2030 Dietary Guidelines for Americans, which were to have been released in October, will likely come out in December, a delay reportedly resulting from the government shutdown. This latest iteration will likely feature major changes. Earlier this year, Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. vowed to simplify the document and shift its emphasis to whole foods, including more saturated fats from meats and dairy. Published by HHS and USDA every five years, the Guidelines set out the government’s basic nutritional advice to its citizens. They are primarily used by doctors to advise their patients and by governments to shape policies and programs, such as the school meals program and Supplemental Nutrition Assistance (SNAP).

Postponed: FDA virtual public meeting on food allergen thresholds. FDA’s three-day public meeting to discuss food allergen thresholds and their potential applications, originally slated for this month, is being indefinitely postponed due to the government shutdown. The event was to include a virtual public meeting on November 18 and listening sessions on November 19 and 20. FDA states, “The agency will communicate when these events are rescheduled.”

Group petitions FDA to end use of vinyl gloves in food service. On October 29, Eagle Protect PBC submitted a citizen petition calling on FDA to prohibit the importation, distribution, and use of polyvinyl chloride (PVC or vinyl) disposable gloves, which often contain phthalates as plasticizers, for food handling in the US. The petition states that “vinyl gloves appear cheaper but increase contamination risks, recall liability, and occupational health costs.” FDA currently allows nine phthalates in food contact applications; the agency’s website notes that it frequently receives petitions to limit the use of the chemicals due to possible allergic reactions. The petition by Eagle Protect PBC, a supplier of non-PVC gloves, urges additional testing of phthalates and a two-year phaseout of vinyl gloves for food handling. Download the petition here.

Additional ground cinnamon products added to recall for elevated levels of lead. On October 30, FDA added ground cinnamon products from DEVI brand, sold in Washington state with the universal product code 609595119045, and BaiLiFeng brand, sold in New York state with the universal product code 4897055799401, to its growing recall of ground cinnamon products tainted with lead. The products are no longer on retailer shelves, but health officials are concerned that they may still be in consumers’ pantries. This brings to 18 the number of recalled cinnamon products distributed and sold at multiple retailers across the country since FDA issued its original public health alert about lead-tainted cinnamons in late 2023. See some of our coverage of that story here and here.

Soybean price roller coaster. US soybean prices rose to a 15-month high on the Chicago Board of Trade October 30 in the wake of Treasury Secretary Scott Bessent's announcement that China has agreed to buy 25 million tons of the beans every year for the next three years. That announcement came ahead of the October 31 trade talks between Presidents Donald Trump and Xi Jinping in South Korea, but sparse information released after the talks prompted another slide in the commodity’s price. Should the trade agreement be fulfilled, however, American soybean sales to China would return to their 2023–2024 levels. On October 29, Reuters reported that COFCO Corporation Limited, the Chinese state-owned agri-food enterprise, has purchased three shipments of US soybeans totaling 180,000 tons – the first such purchases China has made this season. The Des Moines Register observed that this will likely be the sole US soybean buy China makes from this year's harvest after its recent massive purchases in South America.

NRDC asks court to require EPA to respond to a 2020 petition on neonic food tolerances. The Natural Resources Defense Council (NRDC) has petitioned the US Court of Appeals for the DC Circuit for relief from unreasonably delayed agency action by the Environmental Protection Agency (EPA). The action in question is a petition the NRDC filed with the EPA in 2020 calling on it to revoke the food tolerances for five widely used neonicotinoids, commonly nicknamed “neonics” – acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam. EPA routinely reviews pesticides, typically every 15 years, to verify their safety in light of emerging scientific knowledge. The five neonics were to have been reviewed this year, with decisions on whether to renew their approvals reportedly to be issued by year's end. NRDC is asking the court to order EPA to issue a final response to the 2020 petition and to retain jurisdiction in order “to ensure EPA fulfills its obligation.” See the filing here.

Fertilizer Institute announces push to expand domestic production. On October 27, The Fertilizer Institute (TFI), the leading advocacy organization for the fertilizer industry, called for immediate federal actions to help farmers, including expansion of domestic production of key crop nutrients such as potash, phosphate, and nitrogen. The call comes as farmers continue to navigate a period of tight margins and volatile global supply chains, which have driven up the cost and uncertainty of fertilizer supplies. TFI President and CEO Corey Rosenbusch stated, “The best way Washington can help farmers is by expanding market access for their products, cutting red tape, and strengthening domestic fertilizer supply.” TFI’s recommendations include advancing a coordinated national policy, appointing a dedicated USDA fertilizer economist, and streamlining the permitting and regulatory reviews for new plants and mines. The lobby group also called for a more predictable and transparent trading environment that empowers the growth of a resilient, competitive, and sustainable fertilizer industry for farmers.

Supreme Court of Canada dismisses Universal Ostrich Farms’ application for leave to appeal the August 21 decision of the Federal Court of Appeal. The farm challenged a federal order to cull over 300 ostriches following an avian flu outbreak that resulted in the deaths of 69 birds. In light of the November 6 Supreme Court of Canada decision, the Canadian Food Inspection Agency (CFIA) issued a statement that it will be proceeding with “depopulation and disposal measures as authorized by the Health of Animals Act and guided by the stamping out policy for highly pathogenic avian influenza.” The CFIA, in the issued statement, reminded protestors that it is an offence to obstruct an officer who is performing duties under the Health of Animals Act.

New World Screwworm in the news.

• Mexican Agriculture Minister Dr. Julio Berdegué announced on October 29 that he will meet with Agriculture Secretary Brooke Rollins in Washington, DC to discuss reopening the US border to Mexican cattle exports. In July, Cochliomyia hominivorax, commonly called New World Screwworm (NWS), was detected less than 400 miles south of the US–Mexico border, triggering the ban on Mexican cattle entering the US. As we previously reported, in August Rollins announced several new initiatives in cooperation with Mexican authorities to combat the devastating parasite. Berdegué stated that a recent video meeting with Rollins about reopening the border “made considerable progress, and I am very optimistic.” A key part of the joint US–Mexico plan is to produce and release 300 million sterile screwworm flies a week in affected regions of Mexico. Berdegué and Rollins agreed in their call to begin testing the mobile modular plants where many of those flies will be bred. The US is also investing USD21 million in a sterile fly plant to be completed in Chiapas state next year.
  
  
• On October 24, FDA issued an Emergency Use Authorization (EUA) for Credelio (lotilaner) chewable tablets, a treatment for NWS in dogs. The agency notes that this is the first time it has ever issued an EUA for a veterinary drug. While the risk of NWS is low for most dogs in the US, those near the border with Mexico and those traveling to places with active NWS cases are more likely to be exposed.
  
  
• On October 17, the USDA’s Animal and Plant Health Inspection Service (APHIS) released Response Playbook: New World Screwworm, explaining how federal, state, Tribal, and territorial resources should be deployed if NWS is detected within the US. Building on the domestic readiness and response initiative released by Rollins in August, the playbook sets out science-based, coordinated actions, as well as available resources and tools, to be deployed depending on the severity of the outbreak. See the playbook here.

Avian flu update

• This fall, turkey farms in Minnesota, the country’s top turkey producer, have been hit particularly hard by avian flu – indeed, some reports are calling Minnesota the current US epicenter of H5N1. In the last two weeks, outbreaks have also been confirmed at commercial poultry facilities in California, Georgia, Idaho, Indiana, Michigan, Montana, Pennsylvania, and South Dakota. Since the start of September, more than 7 million birds have been culled due to H5N1 infection in US commercial operations, among them more than 1 million turkeys. In Manitoba, Canada, H5N1 was confirmed on five commercial poultry farms in October, the Canadian Food Inspection Agency reports, and culls are now underway.
  
  
• The virus also continues to spread across Europe. Since the start of September, Germany alone has experienced more than 30 confirmed outbreaks in commercial poultry operations, leading to the culling of more than 500,000 birds, and health officials say that, because the European migration is not yet at its peak, they are expecting more. The Bavarian Poultry Union warned consumers that the price of eggs in Germany could increase as much as 40 percent. In the last two weeks, outbreaks have also been reported in Belgium, Denmark, France, the Netherlands, Northern Ireland, Slovakia, Sweden, and the United Kingdom. Recent reports also indicate it has also reached poultry farms in northern Iran. At this writing, European authorities in 21 European countries have confirmed a total of 322 outbreaks of H5N1 in commercial flocks.
  
  
• On October 22, the World Organisation for Animal Health (WOAH) urged its 183 member nations to enhance their early-detection surveillance of H5N1 in cattle populations in countries where HPAI is known to be circulating. “The continued detection of H5N1 in cattle increases the risk of H5N1 viruses becoming better adapted to mammals, potentially spilling over to other livestock, humans, and regions,” WOAH states. The WOAH statement observes that, to date, the US is the only country where the virus has been detected in cattle, “raising concerns within the international community.”
  
  
• During the American Egg Board and United Egg Producers annual joint executive conference in Louisville, Kentucky, egg producers reiterated their call to the USDA to establish an H5N1 vaccination program for laying hens and turkeys. Such a vaccine already exists, they stated on October 24, but still requires approval from the USDA as well as from state veterinarians. Speakers also called for a vaccination program that would focus on the regions along the migratory flyways, which are particularly vulnerable to outbreaks. The inoculation process would entail giving birds two shots – once when they are a day old and then at 7 to 15 weeks.