Food and Beverage News and Trends - December 22, 2025

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

Food industry groups sue Texas over ingredient warning labels. On December 5, a coalition of food industry associations, including the American Beverage Association, the Consumer Brands Association, the National Confectioners Association, and Food Marketplace Inc., filed a lawsuit challenging Texas’s new food warning law, SB 25. The state law requires that food manufacturers feature a warning label on packaging to disclose the presence of 44 specified additives, with compliance set to begin January 1, 2027. Under the law, most packaged foods sold at retail that contain one of the listed additives must state: "WARNING: This product contains an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom.” The suit, filed in the US District Court for the Western District of Texas, asserts that the ingredients have not been described as “not recommended for human consumption” by those jurisdictions. The plaintiffs further state that the Texas law violates the Constitution’s First Amendment and Fourteenth Amendment, as well as its Commerce Clause, and that it is preempted by federal law. With SB 25, Texas has joined other states in putting pressure on food companies to remove artificial dyes, additives, and ultraprocessed foods. In March, for instance, West Virginia banned the use of seven synthetic dyes in school lunches and food items. That law itself is facing a challenge by the International Association of Color Manufacturers. 

Release of Dietary Guidelines for Americans postponed again. The release of the 2025–2030 Dietary Guidelines for Americans (DGA) is being postponed for a second time, to January 2026. The delay reportedly is a consequence of the recent government shutdown. Published by the Department of Health and Human Services (HHS) and the United States Department of Agriculture (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 jurisdictions to shape policies and programs, such as the National School Lunch Program, Supplemental Nutrition Assistance (SNAP), and nutrition provided to the military. 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.

New bill focused on ultra-processed foods. The bipartisan Childhood Diabetes Reduction Act was introduced in both houses to address rising childhood obesity rates and diet-related chronic diseases. The legislation would require nutrient and health warning labels and ban “junk food” advertisements that are geared to children. It would also direct the National Institutes of Health (NIH) to expand research programs on the health effects of ultra-processed foods (UPFs) and require the Centers for Disease Control and Prevention (CDC) to lead a national initiative to educate children and families on nutrient warning labels and the health risks associated with UPFs. A similar bill introduced in the Senate seeks a broad definition of UPFs that includes stabilizers, thickeners, color and coloring adjuncts, emulsifiers, flavoring agents and adjuvants, flavor enhancers, and no-sugar sweeteners.

FDA offers enforcement discretion regarding use of the DSHEA Disclaimer. On December 11, Food and Drug Administration (FDA) Deputy Commissioner for Human Foods Kyle Diamantas issued a Letter to the Dietary Supplement Industry on the DSHEA Disclaimer addressing requests from the supplements industry to amend 21 CFR 101.93(d), which governs the required use of a disclaimer for certain products under the Dietary Supplement Health and Education Act of 1994 (DSHEA). At present, dietary supplement manufacturers may make certain statements about their products provided that they add the following statement, called the DSHEA Disclaimer, to the label: “This statement has not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.” In his letter, Mr. Diamantas observes that FDA has “rarely, if ever, enforced” the DSHEA Disclaimer requirement, then goes on to state that if the agency “does not identify significant concerns as we continue our review of the available data and information regarding this request, we are likely to propose a rule to amend this requirement.” Removing the requirement for the DSHEA Disclaimer, he continued, would be consistent with the Food, Drug and Cosmetic Act and would reduce label clutter and unnecessary costs. Diamantas concluded, “Given that the rulemaking process can take some time, we intend to exercise enforcement discretion regarding the requirement for the DSHEA disclaimer to appear on each panel of a product label where a 403(r)(6) claim appears.”

Additional states to ban SNAP purchases of non-nutritious products. On December 9, Agriculture Secretary Brooke Rollins announced that six more US states – Hawaii, Missouri, North Dakota, South Carolina, Virginia, and Tennessee – have been granted waivers allowing them to ban the use of Supplemental Nutrition Assistance Program (SNAP) benefits to purchase non-nutritious items such as candy, prepared desserts, and sodas. Twelve other states have already put in place such limitations for their SNAP programs this year. The USDA website states, “These waivers are a key step in ensuring that taxpayer dollars provide nutritious options that improve health outcomes within SNAP.” Reportedly, Arkansas, Missouri, and Oklahoma are also planning to apply for similar waivers.

FDA seizes USD1 million in 7-OH opioids. On December 2, the FDA, in coordination with the Department of Justice, announced that the US Marshals Service had seized 73,000 units of 7-hydroxymitragynine (7-OH) products valued at roughly USD1 million from three firms in Missouri. The FDA stated in a news release that the seizure focused on foods and dietary supplement products, including liquid shots and tablets, containing concentrated 7-OH as an added ingredient. Concentrated 7-OH is a potent synthetic opioid derived from Mitragyna speciosa, a tropical plant popularly called kratom. FDA regards dietary supplements containing it to be adulterated under the Federal Food, Drug, and Cosmetic Act. The FDA worked closely with the Missouri Department of Health and Senior Services in the seizure. “This enforcement action is a strong step to protect Americans from the dangers of concentrated 7-OH products, which are potent opioids,” FDA Commissioner Marty Makary, M.D., M.P.H., said in a statement. As we reported in August, the FDA has been moving to reclassify 7-OH as a controlled substance.

CFIA repeals outdated regulations to reduce red tape. On December 3, the Canadian Food Inspection Agency (CFIA) announced the repeal of several outdated and unnecessary regulations as part of the Government of Canada’s commitment to reducing red tape while maintaining strong plant and animal protection. These updates are intended to modernize regulatory oversight, reduce administrative burdens, and strengthen long-term protection of Canada’s plant-based industries. The changes include repealing time-limited rules related to past outbreaks (e.g., avian influenza, Plum Pox Virus, Asian Long-horned Beetle) and removing obsolete regulations and a Ministerial Order concerning the Golden Nematode pest, while narrowing restrictions to the remaining affected areas. Updates to the Plant Protection Regulations make them more agile by incorporating domestic movement controls by reference, eliminating unnecessary requirements, and enabling future electronic certification systems. These amendments enhance Canada’s ability to protect its environment and agriculture from harmful pests.

Trump Executive Order targets price fixing in food supply chains. On December 6, President Donald Trump signed "Addressing Security Risks from Price Fixing and Anti-Competitive Behavior in the Food Supply Chain," an Executive Order (EO) directing the United States Attorney General and the chair of the Federal Trade Commission (FTC) to establish Food Supply Chain Security Task Forces at the Department of Justice and FTC that will jointly investigate the food sector to “determine whether anti-competitive behavior exists in food supply chains in the United States, as well as whether control of food-related industries by foreign entities is increasing the cost of food products in the United States or creating a national or economic security threat to Americans.” The EO calls out specific segments of the food supply chain, including meat processing, seed, fertilizer, and equipment, as being particularly vulnerable to price fixing and anti-competitive market actions. It explicitly links grocery costs to national security and treats alleged collusion in the food sector as a security vulnerability rather than a routine regulatory concern. Should any criminal collusion be uncovered by the Department of Justice task force, the EO directs the Attorney General to “commence criminal proceedings as appropriate.”

CFIA warns it may struggle to manage simultaneous food safety emergencies. Canada's National Observer has reported that a CFIA internal risk assessment it obtained through an access to information request warns the agency may be unable to adequately protect Canada’s food supply if faced with multiple simultaneous emergencies, such as disease outbreaks or major food recalls, particularly as climate change increases risks. Aging infrastructure, roughly $200 million in deferred maintenance, funding pressures, and planned public service cuts are compounding concerns about capacity and financial sustainability. Experts caution that these constraints could hinder proactive responses to emerging diseases at a time when risks are growing rather than declining (see here).

USDA announces regenerative agriculture pilot program. On December 10, USDA announced that it is launching a USD700 million Regenerative Pilot Program (RPP) “to help American farmers adopt practices that improve soil health, enhance water quality, and boost long-term productivity, all while strengthening America’s food and fiber supply.” The pilot, to be administered by the Natural Resources Conservation Service (NRSC), will reportedly draw on federal and private funds to focus on whole-farm planning that addresses soil, water, and natural vitality under a single conservation framework. HHS Secretary Robert F. Kennedy, Jr stated that the initiative offers farmers an “off-ramp” to transition away from chemical fertilizers, and Agriculture Secretary Brooke Rollins stated, "This initiative puts American farmers first as part of the solution to Make America Healthy Again by supporting access to American-grown whole foods that are critical to addressing the chronic disease crisis nationwide.” The program appears to be a streamlined version of an earlier public-private initiative, the Partnership for Climate-Smart Commodities program, which also focused on incentivizing climate-smart agricultural practices. That program, launched in 2022, was eliminated in March this year.

Some Canadian provincial liquor boards resume sales of stock-piled US alcohol. Early this year, Canadian provinces ceased sales of US alcohol products (in British Columbia’s case, “liquor products manufactured in Republican states”) in response to the US imposition of tariffs on Canadian goods. Alberta and Saskatchewan resumed selling American liquors in June, but in the rest of Canada, American-made alcohol products remained in storage. In recent days, however, a number of provinces have been putting those stockpiles back on store shelves. Manitoba commenced sales of its US stockpile of alcohol which will continue until December 24, 2025. Nova Scotia resumed sales of US liquors on December 1 and will donate the net profits to community food groups. Prince Edward Island, along with Newfoundland and Labrador, resumed sales of US liquors this month and also will donate the net profits to food banks. Quebec has begun directly donating US alcohol products with near-term expiration dates, such as ready-to-drink beverages and certain beers, to qualifying charitable organizations. In contrast, the Liquor Control Board of Ontario – one of the world’s largest purchasers of wines and spirits – is still storing about $80 million worth of US alcohol products and is reportedly considering whether to sell off its stocks for charity. None of the provinces are planning further purchases of US alcohol products once existing US inventories are gone.

Canada’s Grocery Code of Conduct set to take effect. Canada’s long-debated voluntary grocery code of conduct will take effect on January 1, 2026. The code aims to create fairer, more transparent relationships between major grocery retailers and their suppliers. It sets standards such as good-faith negotiations, limits on unilateral contract changes, and a formal dispute-resolution process, with independent oversight to publicly name non-compliant companies. While it likely will not result in lower grocery prices in the short term, supporters say it could help stabilize the food supply chain and improve competition and product choice over time. 

UK publishes first safety guidance on cell-cultivated meat products. The Food Standards Agency (FSA) and Food Standards Scotland (FSS) have published the United Kingdom’s first food safety and hygiene guidance on cell-cultivated products (CCPs). The new guidance reportedly covers classification and Hazards Analysis and Critical Control Points (HACCP) principles for animal-derived cell-based products, as well as allergenicity and nutrition information requirements for novel food applications. The guidance is the first to emerge from the FSA and FSS’s Cell-Cultivated Products Sandbox Programme, an initiative in which regulators work with food-science innovators to develop clear guidance on safety, nutrition, and production issues that will ultimately lead to clear regulatory guidance, more confident market entry, and consumer safety. Further guidance for cell-cultivated products is due to be released in the UK throughout 2026. Seven states in the US have banned the sale of cultivated meat, also called lab-grown meat – Alabama, Florida, Indiana, Mississippi, Montana, Nebraska, and Texas. While in the US only a few cell-cultured animal proteins have been federally approved, multiple startups are reportedly working to build cultivated meat production facilities. There are currently no approved foods from cloned products on the Canadian market. See some of our coverage of US developments around cell-cultured animal proteins here and here.

Reminder: FSIS Salmonella strategy meeting is January 14. Register by January 7, 2026 for the Food Safety and Inspection Service (FSIS) January 14 hybrid public on its strategy for reducing Salmonella outbreaks associated with poultry products. The meeting, originally planned as in-person only, will be hybrid. This is the latest development following USDA’s withdrawal earlier this year of the Salmonella Framework for Raw Poultry Products, a proposed rule and proposed determination that arose from years of research and stakeholder input. Under that framework, raw chicken and turkey products containing any type of Salmonella at or above ten colony forming units (CFU) per gram/ml and any detectable level of at least one of the Salmonella serotypes that are of public health significance would be considered to be adulterated and would be blocked from entering commerce. FSIS has also repeatedly delayed implementation activities arising from a related, final determination for Salmonella in not-ready-to-eat, breaded, and stuffed chicken products. FSIS notes that Attendees planning to share public comments during the meeting, FSIS notes, must register by January 5, 2026. Register for the meeting here.

CFIA reminder and updated restrictions on Iranian pistachios. The CFIA is reminding Safe Food for Canadians licence holders who imported Iranian pistachios or pistachio products between September 27, 2023, and September 27, 2025 to submit Appendix I: Importer Attestation by December 10, 2025, following updated licence conditions. The CFIA has added another farm to the list of Iranian companies linked to Salmonella contamination, and products from any listed company cannot be tested and must be destroyed or removed from Canada. Non-compliance may result in enforcement actions, including monetary penalties, licence suspension or cancellation, or prosecution.

Avian flu update.

• On December 13, the Wisconsin Department of Agriculture, Trade and Consumer Protection confirmed the appearance of the H5N1 strain of avian influenza in a dairy herd in Dodge County. This is the first confirmed case of avian influenza in a Wisconsin herd. Agweb reports that the herd was identified through routine National Milk Testing Strategy screening.
  
  
• Fresh outbreaks of H5N1 have lately been confirmed by USDA in poultry facilities in four US states – Indiana, North Dakota, South Dakota, and Texas – and in backyard flocks in Washington, West Virginia, and Wyoming. For Texas, this was the first outbreak experienced this year. The University of Minnesota’s Center for Infectious Disease Research & Policy reports that in the 30 days preceding December 10, 108 US flocks (44 commercial and 64 backyard) experienced avian influenza outbreaks affecting 1.16 million birds.
  
  
• On December 10, a bipartisan group of US senators wrote to Agriculture Secretary Rollins about the USDA’s plan to develop a poultry vaccine for avian flu. In May this year, USDA allocated $100 million toward development of a poultry vaccine to combat H5N1, with the goal of developing an effective single-dose shot. It reportedly received more than 400 proposals for those funds but has not announced any awards. In June, USDA announced it was working with federal, state, and industry officials as well as international trade partners to develop a broad vaccination plan. No further details about such a plan have been forthcoming. As we reported earlier this year, in June HHS Secretary Robert F. Kennedy, Jr. eliminated funding for development of an avian flu vaccine for humans. The senators’ letter urged USDA to expand and finalize its poultry vaccine strategy.
  
  
• A study published in the Journal of Dairy Science assesses the potential for H5N1 to infect and spread within the mammary glands of both humans and agricultural production animals. The study, Exploring influenza A virus receptor distribution in the lactating mammary gland of domesticated livestock and in human breast tissue, expands on earlier research that focused solely on dairy cows to look for possible influenza A virus (IAV)-specific receptors in the mammary glands of pigs, sheep, goats, cattle, and alpacas. “Due to recent spillovers from production animals into people,” the researchers state, “this study also examined human breast tissue.” The researchers conclude that the presence of IAV receptors in mammary gland tissues “suggests that the mammary gland could serve as an alternative replication site for IAV,” posing risks to farm workers and consumers of unpasteurized dairy products. The study ends by calling for ongoing milk and milk product testing as well as “surveillance of the human agricultural interface” to aid in containing the spread of the virus.