Food and Beverage News and Trends - April 7, 2026

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

FDA weighs revising front-of-pack food nutrition label rule. The US Food and Drug Administration (FDA) is reportedly still considering overhauling a proposed rule on front-of-package nutrition label that would add a requirement to include an informational box highlighting data on saturated fat, sodium, and added sugars – described as “nutrients to limit” – to the principal display panel of most food labels. That rule was originally proposed in January 2025; the comment period on it closed in July 2025 with nearly 12,000 public comments submitted. FDA Deputy Commissioner for Human Foods Kyle Diamantas told Bloomberg Law on March 24 that those comments are still being considered and that it may become necessary to “re-propose front of pack and put that back out for additional comment—and so we’re weighing those options.” Changes that merit additional comment could affect the agency’s stated goal of establishing a front of package labeling program this year, but, Diamantas said, “everything is on the table.” At a March 4 panel at the National Food Policy Conference, FDA Commissioner Martin Makary, M.D., M.P.H., stated, “We did not like the front-of-package plan that we inherited. If we have an opportunity to tell a person about the three most critical health features of a food, is saturated fat really No. 1? We don’t think so.” The new 2025-2030 Dietary Guidelines for Americans, 2025-2030, released in January, recommend that saturated fat intake remain below 10 percent of daily calories, consistent with the previous Guidelines, but regard whole-food sources of saturated fats – such as red meat, butter, and beef tallow – as acceptable options.

CFIA penalizes businesses for misleading “Canadian” food labels. The Canadian Food Inspection Agency (CFIA) has issued CAD47,000 in fines since the start of April 2025 to businesses that falsely labelled or advertised products as Canadian, targeting misleading country-of-origin claims that may mislead consumers. The agency says accurate labelling is critical for consumer trust and food transparency and warns it will continue enforcement as demand for “Product of Canada” and “Made in Canada” foods rises.

California bill would create non-UPF food label. California AB 1264, enacted last September, defines ultra-processed foods (UPFs) as any food or beverage that contains specific additives, including flavors, emulsifiers, stabilizers, thickening agents, and colors. Products that contain high amounts of saturated fat, added sugar, or sodium also qualify as UPFs. On March 24, California Assemblymember Jesse Gabriel (D-Encino) introduced AB 2244, which would establish a state certification program for non-UPFs. The bill would give the California Department of Public Health oversight of independent agents that certify products as non-UPF, in accordance with AB 2244’s definition. AB 2244 would create a first-of-its kind state verification program giving companies the option to use a voluntary label modeled after the USDA Organic label, verifying that their foods are not ultra-processed. Assemblymember Gabriel stated that the measure would “empower consumers with clear, trustworthy information and make it easier for them to locate healthier foods that are free from harmful additives. This new seal doesn’t limit consumer choice. It just makes informed choice possible.” The bill is scheduled to be debated in April, with the goal of having it on the governor’s desk by September.

Canada: Budget 2025 legislation secures long‑term National School Food Program. With the passage of Bill C‑15, Canada’s federal government has enacted legislation to establish long‑term, stable funding for the National School Food Program. As part of Budget 2025’s Canada Strong plan, the new framework aims to help provide nutritious meals to up to 400,000 children each year, improving food security, supporting child well‑being, and helping students focus and succeed at school. The program is anchored in law through the National School Food Program Act, signaling a permanent federal commitment to child nutrition across the country.

FDA’s public meeting on dietary supplements. On March 27, FDA held a public meeting on dietary supplement innovation and the scope of dietary ingredients. This meeting brought together agency officials, industry representatives, consumer advocates, and legal experts to discuss whether – and how – the regulatory framework established under the Dietary Supplement Health and Education Act (DSHEA) should be applied to modern ingredient technologies. Across four sessions, the meeting explored several interrelated issues:

• the meaning and scope of the statutory phrase “dietary substance for use by man to supplement the diet by increasing the total dietary intake,” including whether it should be interpreted broadly to accommodate novel ingredients or more narrowly to encompass only substances historically present in the food supply


• the regulatory treatment of new manufacturing technologies – such as chemical synthesis, fermentation, and precision biology – particularly whether method of production should affect an ingredient’s status when the resulting substance is chemically identical to a traditionally produced ingredient and


• identity considerations for ingredient categories not expressly enumerated in the statute, including proteins, enzymes, and microbials.

A central theme throughout the meeting was the shared interest in encouraging responsible innovation within the now USD60‑billion‑plus dietary supplement market while preserving robust safety oversight. FDA officials emphasized that the agency’s focus is on modernizing dietary supplement regulatory framework to reflect the market while still ensuring a safe marketplace. In that context, FDA signaled interest in streamlining existing processes and considering potential reforms to frameworks such as GRAS to better align oversight with modern science. Industry perspectives varied on whether DSHEA should be interpreted broadly or more narrowly. However, industry participants were generally aligned in advocating for regulatory parity between ingredients derived from conventional sources and those produced using newer technologies, provided safety and identity are equivalent. Some speakers further cautioned that even relatively simple ingredients can exhibit different characteristics depending on the production method, with greater variability observed for more complex ingredients such as botanicals and prebiotics. FDA officials concluded by expressing the hope that the discussion would help spur further dialogue and encouraging industry members to submit comments to Docket No. FDA-2026-N-2047: “Exploring the Scope of Dietary Supplement Ingredients.” The comment period for this docket remains open until April 27.

USDA delays poultry payment rule until 2027, drawing backlash from farm groups. On March 17, the US Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced a delay in the effective date of changes to the Packers and Stockyards Act that would alter how poultry growers are paid and how they are ranked in the industry. The Poultry Grower Payment Systems and Capital Improvement Systems final rule was set to take effect July 1, 2026, but has now been delayed 18 months, until December 31, 2027. Currently, chicken farmers who raise poultry for large poultry dealers (LPDs) are paid according to what is known as a tournament system: the best growers get a bonus, while less successful growers often receive pay deductions. Also, growers are typically required to build chicken houses to LPD specifications at their own expense, often requiring loans. In its announcement, USDA said the action aligns with Congressional direction, and, given the significant estimated costs, policy, and legal issues associated with the final rule, the delay is needed to “allow for thorough consideration of these matters.” AMS invites public comment on the postponement through April 17.

FDA indefinitely delays listing of two new natural color additives. On March 20, FDA announced it is delaying the effective date of final orders approving two natural ingredient-derived colorants for use in human foods. The orders were to expand the use of spirulina (Arthrospira platensis) extract and approve the use of beetroot red in human foods. The approvals would enable the use of these colorants in foods making “no artificial colors” label claims. Both were scheduled to go into effect on February 6, 2026, but FDA stated in the Federal Register that the final orders are being delayed indefinitely and that, going forward, the agency will publish a document in the Federal Register announcing new effective dates or other administrative action on the orders. Both color additives received objections and a request for a hearing on the final listing orders. In the notices for both colorants, FDA wrote that “this announcement does not reflect a change in our determination that there is a reasonable certainty of no harm from the use of this color additive under the conditions of its intended use.” For spirulina extract, the FDA received an objection and hearing request from Obelisk Tech Systems, while beetroot red received an objection from GMO/Toxin Free USA, a nonprofit that opposes the addition of genetically modified organisms and synthetic pesticides to human foods. Based on prior denials, it may be several months before the agency responds to the objectors and their specific complaints.

PFAS in waste: Key industrial compliance planning considerations for 2026. This year, the US Environmental Protection Agency (EPA) is expected to advance its focus on per- and polyfluoroalkyl substances (PFAS) on multiple fronts. These developments raise new compliance and planning considerations for companies across food and beverage, manufacturing, chemicals, petrochemicals, energy, electronics, textiles and coatings, and waste management sectors. Our alert highlights where regulatory attention is headed – and what companies in these industries may be assessing now to stay ahead of evolving PFAS expectations.

Canada opens new export pathway for fresh potatoes to Mexico. The CFIA has reached an agreement with Mexico to allow exports of Canadian fresh potatoes for consumption and processing, removing longstanding regulatory barriers that had limited trade. The deal, built on recent trade missions and regulatory cooperation, is expected to expand market opportunities for Canada’s potato sector and support growth in food exports to a major international market.

Wisconsin becomes 23rd state to request SNAP waiver. On March 22, Wisconsin Governor Tony Evers signed 2025 Wisconsin Act 116, which requires the state Department of Health Services (DHS) “to seek any necessary waiver to prohibit the purchase of candy or soft drinks with food stamp program benefits.” Should USDA approve the waiver request, Wisconsin will become the 23rd state allowed to ban Supplemental Nutrition Assistance Program (SNAP) recipients from using their benefits to purchase products like soft drinks, candy, and energy drinks. Notably, the law also requires DHS to enter into a contract for the development and administration of an electronic platform to help retailers and shoppers identify program-eligible products via UPC codes. That requirement addresses one of the major issues food retailers have cited about SNAP waivers: that states have not provided sufficient guidance regarding the scope of restricted products, leading to confusion at the checkout for retailers and shoppers alike. The bill further contains significant new funding to support administration of the program and reduce error rates and, therefore, federal penalties. Next, Wisconsin will submit a waiver request to USDA, seeking formal approval for the change.

Federal court upholds Florida’s cultivated meat ban. On March 23, the US Court of Appeals for the Eleventh Circuit ruled in favor of the state in a challenge to its first-in-the-nation ban on lab-grown meat. Upside Foods, a California-based cultivated meat company, brought the suit after the Florida law (SB 1084) prohibiting the manufacture, sale, and distribution of lab-grown meat took effect in July 2024. At the time, Florida was the first state in the country to ban cultivated meat. Since then, six other states have passed similar bans: Alabama, Indiana, Mississippi, Montana, Nebraska, and Texas. In the ruling, the court wrote, “Because Florida’s ban on lab-grown meat does not regulate Upside’s ingredients, premises, facilities, or operations, federal law does not preempt SB 1084.” The Institute for Justice, a nonprofit law firm, represents Upside Foods in the case. Its senior attorney, Paul Sherman, stated, "Upside’s broader challenge to Florida’s protectionist ban remains alive in the district court, and we look forward to continuing to litigate this case as it moves through the courts.”

USDA-FSIS annual report on FY 2025 investigations of foodborne illness outbreaks. In a recently released annual report, USDA’s Food Safety and Inspection Service (FSIS) stated that during fiscal year 2025 (October 1, 2024 to September 30, 2025), it investigated seven foodborne illness outbreaks potentially linked to FSIS-regulated products. The outbreaks were investigated in coordination with local, state, and federal public health partners and involved approximately 250 illnesses and 140 hospitalizations. All seven of the outbreaks involved illnesses in more than one state. Of the seven outbreaks, one was caused by Salmonella (serotype Enteritidis), two by E. coli O157:H7, and four by Listeria monocytogenes. Beef was of interest in two outbreaks, ready-to-eat (RTE) meat and poultry products in one outbreak, multi-ingredient foods in two outbreaks, and multiple products were investigated in two outbreaks. Two of the investigations resulted in product recalls by FSIS; three resulted in FDA recalls. The report stated that “analyses of outbreaks associated with FSIS-inspected products are crucial to FSIS’ mission to prevent foodborne illness and protect public health. FSIS conducts after action reviews at the conclusion of foodborne outbreak investigations to identify lessons learned that can help improve response and prevent future illnesses. Applying and sharing outbreak lessons learned may lead to improved food safety policies and can strengthen collaborative investigations with public health partners.”

FDA releases CORE 2024 Annual Report: investigations of foodborne outbreaks and adverse events in FDA-regulated foods. In a March 17 Constituent Update, FDA’s Office of Coordinated Outbreak Response, Evaluation, & Emergency Preparedness (CORE+EP) announced the release of its annual report summarizing its investigations of foodborne illness outbreaks and certain adverse events in FDA-regulated human foods for the 2024 calendar year. The update stated that one of CORE+EP’s missions is to find, stop, and aid in the prevention of foodborne illness outbreaks: “This is accomplished through disease surveillance, outbreak response, post-response activities, and collaboration with the US Centers for Disease Control and Prevention (CDC), state and local public health agencies, and international public health partners.” In 2024, CORE teams evaluated 72 incidents, responded to 26, and issued advisories for 10. These numbers remain similar to those from recent years, with 69 incidents evaluated, 25 responses, and 10 advisories issued in 2023. In 2024, CORE investigations resulted in numerous public health actions, including recalls, public health advisories, a Warning Letter, a consent decree of permanent injunction, and FDA prevention strategies. The report highlighted a few noteworthy outbreaks: a large outbreak of E. coli linked to carrots, a historical outbreak of illnesses associated with cheese, and a novel series of adverse events linked to certain chocolate bars, cones, and gummies.

Calls to help US farmers. A notable feature of this news cycle is the numerous reports on possible routes to provide US farmers with fresh federal aid and other relief.

• Writing on March 19, a coalition of 54 farm groups urged President Donald Trump to include a range of programs that address farmers’ distress when he submits a supplemental appropriations request to Congress. The farm groups cited severe weather conditions, the effective closure of the Strait of Hormuz, and sustained market pressure as reasons for seeking additional funding. “We appreciate your longstanding commitment to rural America,” the letter said. “Now is the time to ensure that American agriculture can weather this period of extraordinary strain. Without timely assistance, continued losses risk accelerating farm closures, reducing domestic production capacity, and weakening the ability of farmers and ranchers across this great nation to provide food, clothes, and fuel for the American people.”


• Separately, on March 25, more than 20 farm groups joined several prominent biofuel organizations in urging the Administration to help US farmers by modifying the 45Z Clean Fuel Production Credit. “Biofuels are a critical market for American farmers, and tax incentives like the 45Z tax credit are essential policy instruments to secure long-term demand for liquid fuels made from American-grown feedstock,” their letter stated. POLITICO recently reported that Republicans are debating whether to attach USD15 billion in tariff relief for farmers to a military funding package.


• In addition, on March 17, Reuters reported that, prompted by shipping constraints arising from the ongoing Iran war, the Trump Administration is seeking alternative global sources of fertilizer components. Speaking on CNBC’s Squawk Box program, White House economic adviser Kevin Hassett described the Administration’s efforts as an insurance policy against disruption for US farmers, stating that the Administration has “established licenses for Venezuela to produce more fertilizer. We’ve had discussions with Morocco.” Hassett continued, “I’m not saying that we can eliminate what disruption there is so far, but we can minimize it.” Since February 28, prices for critical nitrogen fertilizer supplies such as urea, the nitrogen fertilizer most frequently imported into the US, have soared. Reuters noted such costs have risen by more than a third since the start of the war. Agricultural trade groups are reportedly also urging US fertilizer companies to ask the Trump Administration to remove the duties on phosphate imports from Morocco to cut fertilizer costs for farmers.

Congressional Food Safety Caucus members ask FDA to force Raw Farm to recall its raw cheddar cheese. On March 20, members of the congressional Food Safety Caucus asked FDA to force Raw Farm LLC to recall its raw milk cheddar cheese, which has been linked to an outbreak of E. coli O157:H7 infections. FDA’s March 26 Outbreak Investigation report noted that, as of that date, a total of nine people in three US states have fallen ill with the outbreak strain of E. coli; three of them have been hospitalized and one developed hemolytic uremic syndrome. Over half of the illnesses occurred in children under five. As of this writing, Raw Farm has continued to refuse FDA’s voluntary recall recommendation. Raw Farm is the largest producer of raw, unpasteurized dairy products in the United States. Last year, we reported that Raw Farm recalled an array of milk and cream products after the California Department of Food and Agriculture detected the H5N1 avian flu virus in its products during routine testing. In late March this year, FDA stated it is launching an inspection of the outbreak, signaling it is escalating its investigatory response.

Federal bill to lift ban on interstate sales of raw milk is back. On March 9, Representatives Thomas Massie (R-KY) and Chellie Pingree (D-ME) again introduced a bill prohibiting federal interference with the interstate traffic of unpasteurized milk and raw milk products that are packaged for direct human consumption. HR 7880, the Interstate Milk Freedom Act, would prevent federal departments, agencies, or courts from taking any action to prohibit or restrict the traffic of milk between those states that have legalized the sale of unpasteurized milk. Congress has never passed a bill specifically banning raw milk, but in 1987 FDA, acting on powers granted it by Congress, finalized FDA regulation 21 CFR Part 1240, which prohibits the interstate sale of raw milk for human consumption. The language of the Interstate Milk Freedom Act originally was added to (and ultimately deleted from) the 2018 Farm Bill, and has also been introduced as a stand-alone bill in 2014, 2015, 2019, 2021, and 2024.

Bipartisan bill calls for USDA research on livestock industry consolidation. On March 23, US Senate Agriculture Committee members Senators Chuck Grassley (R-IA) and Tina Smith (D-MN) introduced S 1020, the Livestock Consolidation Research Act, which would require USDA’s Economic Research Service (ERS) to research the impact of consolidation and concentration in the livestock industry on farmers, ranchers, and consumers. The bill specifies production of beef, dairy, pork, and poultry, including broilers, eggs, and turkeys, as within its scope. ERS would be required to produce the report within one year of the publication of the next Census of Agriculture, a complete count taken every five years of US farms and ranches and the people who operate them. The most recent such count, the 2002 Census of Agriculture, was released in 2024. Grassley and Smith stated that they plan to push for the bill’s inclusion in the research title of the coming Farm Bill.

Canada’s Competition Bureau report highlights shared kitchens as key to boosting food sector competition. The Competition Bureau has released How shared kitchens and food hubs can strengthen competition and small business growth in Canada’s food sector, a report emphasizing that shared kitchens and food hubs can lower costs and barriers for small food businesses, helping more producers enter and compete in Canada’s food sector. The report, issued on March 19, also calls for reducing regulatory complexity across municipal, provincial and federal levels, noting that inconsistent rules may limit growth and innovation in food production and distribution.

FDA and CDC close investigation into Salmonella outbreak linked to moringa supplements. On March 17, FDA and CDC closed their investigation into a multistate outbreak of Salmonella infections linked to recalled dietary supplements containing moringa leaf powder. CDC reported that 97 people from 32 states had been infected with one of the outbreak strains of S. typhimurium and S. Newport, with 26 people hospitalized. The products linked to illnesses in this outbreak – capsules and a dietary supplement powder – have a long shelf life. In January, FDA stated that it was working with the implicated firms to determine the root cause of contamination, but at the time the investigation was closed, the agency did not publicly disclose a root cause of the outbreak. Currently, FDA and CDC are still investigating a separate “extensively drug-resistant” Salmonella outbreak linked to moringa powder capsules sold under the Rosabella brand name. The producing firm has issued a recall.

Import alert updates from FDA. In a sign that FDA is continuing to train its sights on labeling compliance, seafood safety, and contaminants, in late March the agency updated numerous food-related import alerts. The updates address such concerns as the presence of Salmonella in fish products, residues of nitrofuran (a broad-spectrum antibiotic that has been largely banned around the world), undeclared allergens, undeclared color additives, and heavy metals. In addition, FDA flagged inadequate process controls for canned foods, seafood Hazard Analysis and Critical Control Point (HACCP) violations, and misbranding.