Food and Beverage News and Trends - June 26, 2026

Coming definition of ultra-processed foods may include exemptions. A Bloomberg article reports that the Trump Administration will reportedly include exemptions for healthy items and infant formulas in its highly anticipated definition of ultra-processed foods (UPFs). The exemptions may spare certain foods with nutritional benefits, such as some yogurts and whole-grain breads, from being classified as ultra-processed. To bear a “healthy” claim, foods must contain a certain amount of food from at least one of the four food groups or subgroups (for instance, fruit, vegetables, or low-fat dairy) and must adhere to specified limits for saturated fat, sodium, or added sugars. The article notes that this definition is unlikely to be promulgated through formal rulemaking. Instead, it is expected to be issued as a research definition, which would allow the Administration to release it more quickly. According to Susan Mayne, PhD, former Director of the Food and Drug Administration (FDA) Center for Food Safety and Applied Nutrition, framing the definition for research purposes also suggests that the Administration may not intend to undertake a full rulemaking process, including proposed and final rules, before using the definition to inform policy or regulatory approaches. The White House, the US Health and Human Services Department (HHS), and the US Department of Agriculture (USDA) have been working for nearly a year on the definition of UPFs, and the timing of its release is unclear.

Court blocks USDA SNAP waivers. The US District Court for the District of Columbia has vacated USDA approvals of Supplemental Nutrition Assistance Program (SNAP) food-restriction pilot projects in Colorado, Iowa, Nebraska, Tennessee, and West Virginia, holding that the agency exceeded its statutory authority. The court found that USDA improperly relied on the Food and Nutrition Act’s general pilot-project provision to authorize state efforts to redefine “food” and exclude such categories as soda, candy, sweetened beverages, energy drinks, and other sugar-forward processed products from SNAP eligibility. Without addressing the policy merits of the restrictions, the court emphasized that health- and nutrition-focused SNAP pilots must proceed, if at all, under the statute’s separate and more specific framework for such projects, and that USDA could not use its general waiver authority to bypass those requirements. The court also held that USDA violated its own regulations by failing to provide Federal Register notice for projects likely to have a significant public impact, rejecting the agency’s contrary determination. The ruling vacates the approval letters and related agency memorandum and remands the matter to USDA, creating near-term uncertainty for similar state initiatives and for food and beverage manufacturers, retailers, and e-commerce operators that had been preparing for state-specific product restrictions and compliance obligations. It remains unclear whether the federal government or affected states will appeal.

Changes to Canada’s Pest Control Act will allow approval of pesticides deemed to be in the interests of economic or national food security. Canada’s federal government has passed Bill C-30, which includes significant amendments to Canada’s Pest Control Products Act that give Cabinet new authority to authorize the temporary use of pesticides in circumstances tied to economic security, national food security, or serious pest infestations. The amendments allow Cabinet to approve pesticide uses even where Health Canada has denied approval or previously determined that a product is unsafe, with some authorizations potentially lasting up to six years. The government has defended the changes as a tool for exceptional circumstances, including protecting harvests, supporting food sovereignty, and responding to pest pressures, while promising transparency and conditions on any approvals.

New infant botulism outbreak in US linked to powdered infant formula. On June 13, FDA announced that the agency and the Centers for Disease Control and Prevention (CDC), in collaboration with the California Department of Public Health’s Infant Botulism Treatment and Prevention Program, and state and local partners are investigating a multi-state outbreak of infant botulism linked to Nara Organics powdered infant formula. At this writing, three confirmed or suspected toxin type A infant botulism infections have been reported from three states – California, Pennsylvania, and Washington – with illness onset between April and May. All three infants were hospitalized and treated with BabyBIG®, the FDA-approved treatment for infant botulism. On June 12, FDA notified the firm about the outbreak and recommended that it conduct a recall; on June 13, the company agreed to recall all of its Nara Organics brand Whole Milk Organic Powdered Infant Formula. This is the second botulism outbreak linked to a whole-milk powdered infant formula in less than a year. The outbreak does not create shortage concerns of infant formula for parents and caregivers, according to FDA.

FDA updates PFAS webpages, details risk management plans. FDA has updated its webpages on per- and polyfluoroalkyl substances (PFAS) to provide information on the agency’s considerations for next steps related to PFAS in food. Among the webpages is one that lists future risk management actions, such as setting allowable levels for certain PFAS in bottled water, addressing the risk of PFAS contamination in imported clams, and conducting additional testing and development of action levels for contaminants in infant formula. The webpage also notes that FDA is expanding its research effort with the use of high-resolution mass spectrometry, a method that, the agency stated, “will allow us to determine which additional types of PFAS, beyond those we are specifically testing for with the current method, are present in foods and should be included in targeted methods going forward.” FDA’s updated questions-and-answers webpage on PFAS in food also provides details on research, testing, and regulatory actions under way at the agency.

Texas Attorney General launches investigation into protein powders. Attorney General Ken Paxton announced an industry-wide investigation into protein powder manufacturers based on concerns of heavy metals, including lead, cadmium, and arsenic. The announcement references testing conducted in separate studies by Consumer Reports and the Clean Label Project on popular protein powders and ready-to-drink shakes. While not naming any companies, the Attorney General will be investigating to determine if there are potential violations of the Texas Deceptive Trade Practices Act. The Attorney General will determine whether companies falsely marketed or misrepresented the safety and contents of their products and whether they failed to disclose known information about heavy metal contamination in violation of Texas law. 

Bill in Congress seeks to ban certain chemicals from food packaging, processing materials. On June 9, three members of Congress introduced the No Toxics in Food Packaging Act, S 4724/HR 9231, which would amend the Federal Food, Drug, and Cosmetic Act to deem certain substances unsafe for use as food contact substances. The measure would ban the use in food packaging and food processing materials of ortho-phthalates, PFAS, and bisphenol A (BPA), among other chemicals. It would also ban their replacement with alternative problematic substances and would preserve the authority of state and local jurisdictions to enact more stringent laws concerning those chemicals. The bill is sponsored by Representative Jan Schakowsky (D-IL), Senator Richard Blumenthal (D-CT), and Representative Rosa DeLauro (D-CT). Representative Schakowsky introduced a similar bill in 2023, which failed to advance out of committee.

Canada announces provisional safeguard tariff on imports of canned vegetables. In response to pressures facing Canada’s canned vegetable industry, the government of Canada has announced a provisional safeguard tariff on global imports of canned vegetables. The 10-percent surtax became effective on June 19 and will remain in place for up to 200 days. The Department of Finance stated that the measure is intended to address critical circumstances, mitigate the impact of trade diversion, stabilize market conditions, and protect Canadian growers and processors while the Canadian International Trade Tribunal continues its safeguard inquiry into whether increased imports are causing or threatening serious injury to domestic producers. The Tribunal launched its inquiry in March this year at the Canadian government’s request and is expected to report by September 9. It may recommend remedies if it finds injury, while the provisional tariff will end if the Tribunal reaches a negative injury finding. Canada will exclude imports from Chile, Israel, Mexico, the US, and developing countries from the measure in accordance with its international trade obligations. 

FDA releases report on traceability readiness tabletop exercises and updated FAQs. FDA has released a report on a series of traceability readiness tabletop exercises held with industry stakeholders. The exercises, conducted between March 1 and April 9, were designed to help the food industry prepare to comply with the Food Traceability Rule (FTR). As part of the tabletop exercises, the agency worked with industry participants across the food supply chain to simulate an FTR records request from FDA. The exercises tested whether participants could, within 24 hours, locate traceability records associated with the handling of a specific product during a short, defined date range before providing the related information in an electronic sortable spreadsheet. (The FTR requires a response within 24 hours.) The exercises demonstrated that meaningful progress is being made toward meeting the FTR requirements. Most firms responded within 24 hours, and proactive supply chain coordination – more than any particular technology – drove the strongest results. These results are encouraging overall, the report said, even though the exercises also demonstrated that there were some “significant gaps in information retention and sharing.” Though compliance originally had been slated to begin on January 20, FDA has pushed that date to July 20, 2028, addressing input from industry groups that the original timeline underestimated the work required to coordinate with their supply chain partners. The agency also announced it has released updated Frequently Asked Questions (FAQs) to provide greater clarity on a number of topics, including the Traceability Lot Code source reference, food traceability plans, and intra-company shipments.

Canada advances African swine fever preparedness with new zoning arrangement with Japan. The government of Canada has established a new African swine fever (ASF) zoning arrangement with Japan, strengthening the national preparedness framework and helping preserve access to one of Canada’s most significant pork export markets in the event of an outbreak. Under the arrangement, Canadian pork exports to Japan could continue from ASF-free zones if the disease were detected elsewhere in Canada. Japan is a critical market for Canadian pork, with exports valued at approximately CAD1.8 billion in 2025, representing 31 percent of Canada’s pork export value. The agreement brings Canada’s total ASF zoning arrangements to eight markets: the European Union, Hong Kong, Japan, the Philippines, Singapore, the United Arab Emirates, the US, and Vietnam, which together account for nearly 69 percent of Canada’s pork export value. 

Outbreak of pseudorabies in US commercial swine: Already certified pork products are still permitted entry into Canada. USDA will not be issuing export certificates to certain uncooked pork products following an outbreak of pseudorabies among commercial swine in the US. Pseudorabies, also known as Aujeszky’s disease, cannot be contracted by humans, but it can infect both farm and wild animals. Shipments of restricted pork products that have already been certified will still be permitted entry into Canada. In a notice to importers updated on June 18, the Canadian Food Inspection Agency (CFIA) noted that products not impacted by the restrictions, such as edible pork meat and raw pet food containing pork products, do not pose a threat of transmission. An update on June 18 noted that inedible porcine bones are permitted.

FDA amends contact information regulations. Citing President Donald Trump’s February 6, 2025 Executive Order 14192, “Unleashing Prosperity Through Deregulation,” FDA announced in a June 15 Federal Register notice that it has amended regulations that provided the public with organizational and contact information on the agency's website. These regulations, at 21 CFR Part 5, Subpart M, listed the names and mailing addresses of FDA’s divisions and offices, including contact data for FDA’s public information offices. The agency stated that it has revoked most of Subpart M. Those seeking to contact any division or office of FDA are now directed to the agency’s general website. FDA stated, “These changes are appropriate to provide the public with a uniform source of agency organizational and contact information that can be readily updated as needed in the future.” The notice is final, meaning there is no comment period, and the changes took effect on the notice’s publication date, June 15.

Québec enacts legislation to prevent sale of energy drinks to minors. Québec’s National Assembly has passed legislation to prevent the sale of energy drinks to minors under the age of 16. The legislation, North America’s first age-based restriction on energy drinks, introduces strict verification, enforcement, and penalty measures. It also signals potential broader changes, including limits on online and vending machine sales and an expanded regulatory scope that may affect adjacent products and national compliance frameworks. In this alert, we outline the Act’s key provisions, enforcement mechanisms, and the practical implications for businesses operating in Québec.

CFIA restricts movement of at-risk plant species in BC and Saskatchewan to prevent spread of Dutch elm disease. CFIA has expanded its regulated areas for Dutch elm disease to include parts of south-central British Columbia and the entire province of Saskatchewan. The newly regulated area in British Columbia covers parts of the Regional Districts of Kootenay Boundary and Central Kootenay, following the province’s first confirmed detections in July 2024, while Saskatchewan has been added province-wide after decades of disease presence and more recent detections in Saskatoon in 2025. The updated restrictions limit the movement of elm species, hybrids, and cultivars, including nursery stock and bark-attached materials such as logs, lumber, firewood, and crates, from regulated or infested areas into uninfested provinces unless appropriate CFIA authorization is obtained.

Ontario: Bill to address food affordability will not progress. Ontario’s Bill 113, the Fair Prices and Tax-Free Groceries Act, 2026 was defeated in its second reading in the Legislative Assembly. The bill proposed to enact the Fair Prices and Tax-Free Groceries Act, 2026 and would require the provincial government to develop and publish a Food Affordability Plan within 12 months of the act coming into force.

Study examines arsenic and cadmium levels in Arkansas rice. An analysis of arsenic and cadmium levels in Arkansas-grown polished white rice found that 30 percent of samples exceeded the FDA action level of 0.1 mg/kg for grain inorganic arsenic in infant rice cereals. The study, published in the peer-reviewed journal Agricultural & Environmental Letters, analyzed the two heavy metals in 103 field years of Arkansas-grown polished white rice grain under different water management conditions. It also found that multiple mid-season soil aeration events, periods when rice fields are allowed to dry rather than remain continuously flooded, significantly decreased grain total arsenic and inorganic arsenic, and that cadmium concentrations remained low and were unaffected by water management. The research, supported by USDA and the Institute for the Advancement of Food and Nutrition Sciences, is part of larger efforts to identify practical strategies to reduce toxic elements in foods covered by FDA’s Closer to Zero initiative. Arkansas is the nation’s largest grower of rice by far, accounting for 45.2 percent of total US rice production.

More US medical schools pledge to incorporate nutrition education requirements into curricula. On June 8, HHS and the US Department of Education met with eight of the nation’s leading accreditors, assessors, and medical organizations to announce a historic development to increase nutrition requirements at every level of US medical education, competency-evaluation, training, and residency. HHS Secretary Robert F. Kennedy, Jr. hosted the meeting. The event press release noted that 19 more medical schools across the country have signed the Trump Administration’s Nutrition Education Pledge to incorporate 40 hours of nutritional education or its competency equivalent into graduation requirements starting this fall – raising the total number of medical schools that have made this pledge to 73.

Canada secures new and expanded market access for Canadian fish, seafood, and aquatic products. The government of Canada has announced five new and expanded market access gains for Canadian fish, seafood, and aquatic products in Armenia, Brazil, Costa Rica, Oman, and Vietnam, creating new export opportunities for Canadian producers and supporting broader trade diversification in the sector. The new access includes restored entry for chilled and frozen finfish fillets and steaks into Vietnam, new access for live and non-live fish and seafood products into Oman, expanded eligibility for cultured finfish products in Brazil, new access for fish and seafood products for human consumption in Armenia, and access for ornamental fish feed exports to Costa Rica.

DOJ investigates Texas Gulf Coast fertilizer plants over alleged market manipulation. The US Department of Justice (DOJ) has requested information from fertilizer companies about allegations of market manipulation, monopolization, and price gouging among fertilizer plants along the Texas Gulf Coast. The DOJ’s request for information follows reported price increases affecting the affordability of certain chemicals. In tandem, Congress is considering legislation to require greater disclosure of sales data in the fertilizer industry.

Beef and bison spared from proposed CFIA traceability rule changes. CFIA has announced a revised regulatory approach to its proposed amendments to Part XV (Traceability) of the Health of Animals Regulations, opting to move forward with updated livestock traceability requirements only for sheep, goats, and cervids – plus industry-supported changes for pigs – while shelving new movement reporting requirements for cattle and bison. The proposed changes had been paused since January 2026 after intense pushback from beef cattle producers and producer groups, who argued the additional cattle movement reporting would be too burdensome. Following re-engagement with industry, associations, and governments (including open forums hosted by groups such as the Saskatchewan Cattle Association), CFIA confirmed it "will not be introducing any new regulatory burden for cattle producers."

The revised proposal aims to bring goats, sheep, and cervids in line with rules similar to those for cattle and bison. Proposed changes include giving regulated parties the option to use provincial premises ID numbers instead of personal contact details when buying tags or reporting events; introducing ID requirements for goats and cervids; adding event reporting (e.g., slaughter, disposal, import, and export) for goats and cervids; requiring slaughter and export reporting for sheep; shortening the event reporting window from 30 days to seven days for abattoirs and carcass collection or disposal points across all regulated species; and requiring transporters to carry documentation accompanying animals during transport (a requirement most already meet through existing systems such as provincial livestock manifests). CFIA said it will continue working with the cattle sector and other livestock industries through ongoing industry-led forums. It noted that, once final stakeholder engagement on the revised package is complete, a new timeline will be provided to advance the amendments toward final publication in the Canada Gazette, Part II.

USDA confirms 15 cases of NWS in US. On June 21, USDA announced it had confirmed three more cases of New World Screwworm (NWS) in the US, bringing the total number of known US cases to 15. Most of the affected animals are livestock – cows, goats, and sheep – located in Texas; one dog in New Mexico was also infected. The three latest cases, USDA stated, were identified through ongoing surveillance efforts. USDA also reports that no NWS flies have been detected in any of its traps. On June 9, Mexico’s Secretariat of Agriculture and Rural Development, in coordination with USDA, announced a ban on livestock imported from the US. The ban reportedly was put in place to protect Mexican states that have not yet experienced outbreaks of NWS. On June 10, USDA’s Animal and Plant Health Inspection Service (APHIS) modified its list of species not permitted to enter Mexico, allowing pet dogs to travel to Mexico again according to previously established procedures. Inspections for companion dogs crossing from the US into Mexico are reportedly being strengthened. The remainder of the APHIS notice, blocking export to Mexico of such animals as cattle, horses, sheep, pigs, and songbirds, remains in place. In addition, a number of US states, among them New York and Pennsylvania, are imposing limits on the importation of animals from regions affected by NWS.

Avian flu update.

The deadly H5N1 variant of avian influenza has continued to spread. Most recently:

• In the US, APHIS reported outbreaks in three commercial poultry facilities – two in turkey operations in South Dakota and one in a commercial broiler operation in Arkansas. In the 30 days before this writing, the US has experienced outbreaks affecting 27 commercial flocks.


• APHIS also confirmed outbreaks of H5N1 in dairy cattle in Texas and Idaho. In the 30 days before this writing, one dairy in Texas and 14 in Idaho have been impacted.


• According to the latest USDA data, egg production in Wisconsin is 57 percent lower than it was a year ago, a dramatic decline ascribed to outbreaks of H5N1. Across the country, however, egg production is 5 percent higher than a year ago, and egg prices are significantly lower.


• On June 22, Australian media reported that the country’s largest poultry operation has implemented a complete biosecurity lockdown, shortly after officials confirmed that two seabirds had died of the deadly H5N1 variant of avian flu. The two birds had been found washed up on a remote beach in Western Australia. This is the first time the virus has been confirmed in Australia, which up until now has been the only continent in the world apparently free of H5N1.