Food and Beverage News and Trends - January 14, 2026

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

Release of the 2025–2030 Dietary Guidelines for Americans. On January 7, the long-awaited 2025–2030 Dietary Guidelines for Americans (DGA) were released after two postponements. See our alert. The guidelines are used as the foundation for federal nutrition programs and policies. Compared to previous versions, the revised version marks a significant reset in regard to federal nutrition priorities, emphasizing a shift toward “real” foods that are “whole or minimally processed and recognizable as food.” The Dietary Guidelines describe these “real” foods as being “prepared with few ingredients and without added sugars, industrial oils, artificial flavors, or preservatives.” Key recommendations include:

• Prioritizing “high-quality, nutrient-dense” protein at every meal, with targets increasing to 1.2–1.6 grams per kilogram of body weight
  
  
• Full-fat dairy without added sugars
  
  
• Abundant fruits and vegetables
  
  
• Healthy fats from nuts, seeds, seafood, meat, eggs, olives, and avocados

The DGAs advise avoiding highly processed foods, refined carbohydrates, and added sugars or non-nutritive sweeteners entirely. According to the release, if added sugars are consumed, they should not exceed 10 grams per meal. While maintaining the 10-percent cap on saturated fats, the guidelines now recognize whole-food sources – such as red meat, butter, and beef tallow – as acceptable options. Alcohol guidance continues to stress moderation, with a strong recommendation to minimize consumption for better overall health.

Consumer advocate coalition urges action on infant formula. On December 31, Food Safety News reported that the Safe Food Coalition, a group of consumer advocate organizations, has called on top health officials to take immediate action to protect the safety of infant formula. In a letter to Secretary of Health and Human Services Robert F. Kennedy; Food and Drug Administration (FDA) Commissioner Martin Makary, M.D., M.P.H.; and Centers for Disease Control and Prevention Acting Director Jim O’Neil, the coalition urged the Trump Administration to strengthen the inspection and regulation of infant formula and asked that Clostridium botulinum be declared a hazard requiring controls to prevent contamination of infant formula. The group went on to express concerns about FDA funding and staffing, calling on the agency to fill its numerous vacant inspector positions; re-instate the inspector training program; fully fund the inspection program, including funding for state-level inspections; and increase inspections of formula facilities. Finally, pointing to several pieces of proposed federal legislation, the coalition called on the Trump Administration to work with Congress in establishing adequate authority and funding to create effective infant formula protections. It further urged the administration to ensure that Operation Stork Speed leads to increased testing of infant formulas for microbiological contaminants, as well as for heavy metals and nutritional adequacy. The Safe Food Coalition is composed of the Center for Food Safety, Center for Science in the Public Interest, Consumer Federation of America, Consumer Reports, Government Accountability Project, George Washington University Institute for Food Safety and Nutrition Security, and Stop Foodborne Illness.

Diamantas: FDA is considering change to dietary supplement warning labels. In a recent letter to industry, FDA Deputy Commissioner for Human Foods Kyle Diamantas stated that the agency is considering a rule change that would streamline disclaimers on dietary supplement packages. Currently, manufacturers of dietary supplements are required to include a conspicuous disclaimer (the Dietary Supplement Health and Education Act, or DSHEA, disclaimer) alongside structure function claims, such as "promotes heart health," on their packaging, stating in bold type that the claim "has not been evaluated" by FDA and that the supplement "is not intended to diagnose, treat, cure, or prevent any disease." Under the proposed amendment, Diamantas wrote, manufacturers would be required to put the necessary DSHEA disclaimer on the product label only once, rather than including the disclaimer on each panel where the subject claim is made. Changing the regulation, he continued, would reduce label clutter and help businesses save money. The current regulation, he added, is enforced only rarely. While the rulemaking process is under review, FDA intends to exercise enforcement discretion regarding the requirement that the DSHEA disclaimer appears on each panel of a product label where a structure function claim is made.

Brashears confirmed as Under Secretary of Agriculture for Food Safety. Mindy Brashears, Ph.D., has been confirmed for a second term as Under Secretary of Agriculture for Food Safety for the US Department of Agriculture (USDA). In that role, she will oversee the Food Safety and Inspection Service and will chair the US Codex Policy Steering Committee, which participates in the global deliberations that help guide the Codex Alimentarius Commission, a United Nations agency that develops international standards for food safety, nutrition, and fair trade practices. Dr. Brashears, who served in the same position in 2020 and 2021, was confirmed by the Senate on December 18 in a 53–42 vote.

Rollins announces actions addressing transparency around foreign ownership of US farmland. On December 30, US Secretary of Agriculture Brooke Rollins announced several coordinated actions pursuant to the Farm Security Action Plan which, a USDA press release about the actions stated, would “strengthen transparency around foreign ownership of U.S. agricultural land and ensure federal programs and purchasing preferences do not support supply chains controlled by foreign adversaries.” The actions include an Advance Notice of Proposed Rulemaking (ANPRM) on potential reforms of the Agricultural Foreign Investment Disclosure Act (AFIDA), which requires foreign investors who acquire, transfer, or hold an interest in US agricultural land to report those holdings and transactions to USDA. The ANPRM calls for public comments on updating AFIDA to improve its verification, reporting, and monitoring of US agricultural land held by foreign entities. USDA is also seeking to enhance its July 2025 Memorandum of Understanding with the Treasury Department formalizing the departments’ cooperation on Committee on Foreign Investment in the United States (CFIUS) oversight of transfers of US agricultural land. According to a USDA press release, “Foreign adversary linked entities currently control at least 277,000 acres of agricultural land in the United States.” Also see our coverage of the December 2025 Executive Order (EO), "Addressing Security Risks from Price Fixing and Anti-Competitive Behavior in the Food Supply Chain," targeting price fixing in food supply chains.

USDA announces next phase of Farmer Bridge Assistance Program. The next phase of USDA's Farmer Bridge Assistance Program (FBA) will allot USD11 billion in one-time payments to eligible row crop producers. In a December 31 press release, Agriculture Secretary Rollins stated that farmers who qualify for the FBA Program can expect payments in their bank accounts by February 28. The highest per-acre payments will go to rice farmers, who will receive USD132.89 per acre, and to cotton farmers, who will receive USD117.35 per acre. Among other eligible commodities are barley, canola, corn, peanuts, wheat, sorghum, soybeans, and sunflowers, as well as a number of pulses. A further USD1 billion is earmarked for producers of sugar and specialty crops; details of that assistance are still being developed. FBA payments are based on such factors as 2025 planted acres and USDA’s monthly World Agricultural Supply and Demand Estimates Report.

FDA opens Voluntary Qualified Importer Program application portal for fiscal year 2027. On January 1, FDA opened the Voluntary Qualified Importer Program (VQIP) application portal for fiscal year 2027, allowing eligible food importers to access expedited review and importation of human and animal foods into the US. VQIP is a voluntary, fee-based program designed for importers who can demonstrate strong control over food safety, supply chain security, and compliance processes. VQIP can significantly reduce delays and uncertainty at the border. “To participate in the program, food importers must meet certain eligibility requirements, including ensuring that the facilities of their foreign suppliers are certified through the FDA's Accredited Third-Party Certification Program,” the FDA announcement stated. “Certification bodies conduct food safety audits of foreign facilities and farms, and issue the certifications that importers need to participate in VQIP.” The program supports FDA’s Strategy for the Safety of Imported Food by incentivizing importers to use certified suppliers and maintain robust processes to help ensure that imported food meets US food safety requirements. The VQIP application portal will remain open until September 1, 2026.

EO accelerates marijuana rescheduling and signals new federal framework for hemp-derived cannabinoids. President Donald Trump has issued an EO, “Increasing Medical Marijuana and Cannabidiol Research,” directing federal agencies to expedite the rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act and develop a unified federal approach to hemp-derived cannabinoid products, including cannabidiol. These directives – combined with recent legislation closing the “hemp loophole” that had allowed the proliferation of hemp-derived intoxicating products – carry significant implications for the cannabis industry, medical research, and financial institutions operating in this sector. See our alert.

Mexico reports two cases of screwworm in two days. A case of New World screwworm ‍(NWS) was detected in a goat in Mexico’s central state of Mexico, ‌the country’s agricultural ‌ministry announced late on January 1. This is the second case the government reported in two days – on December 31, the ministry reported a case in a cow in the northern state of Tamaulipas. Both animals that tested positive ‍for the pest were treated; they were the ‍only ‍animals at their sites that were infected, the ‌ministry said. Screwworms are parasitic flies that lay eggs in wounds on warm-blooded animals. Their larvae burrow through the animal’s living flesh, eventually killing their host if left untreated. Mexico has been working to contain an outbreak of the screwworm, which has spread northward from Central America. Although US officials say the pest has not breached the border, the US has suspended imports of live Mexican cattle, bison, and horses since May. Should NWS spread to the US, it could pose as much as USD8.1 billion in damage to the Texas economy alone, according to a USDA estimate. In light of the two cases in Mexico, this week cattle futures in the US have surged. Furthermore, various observers are noting, the continuing threat of NWS just south of the border, alongside empty feedlots, tight cattle supplies, and a shrinking heifer inventory in the US, may suggest that American beef prices will not be falling any time soon. Read more of our coverage of the NWS outbreak here and here.

UK bans TV, online ads before 9pm for “less healthy” foods. In an effort to mitigate childhood obesity, the United Kingdom is banning television and online advertising of “less healthy” food and beverages before 9pm. The ban, which came into effect on January 5, affects businesses that have 250 or more employees and that are involved in manufacturing or selling food or beverages. A “less healthy” product is defined as one that falls within one of 13 complex product categories identified in the regulations as of most concern for childhood obesity (such as sandwiches of any kind, cakes and cupcakes, “all products predominantly found in the breakfast cereal aisle,” and soft drinks containing added sugars) and that, under the UK’s Nutrient Profiling Model, score 4 or above for food or 1 or above for beverages. The UK’s advertising industry has been voluntarily adhering to the rules, and to a related ban on “buy one, get one free” offers for in-scope foods and drinks, since October 2025. Businesses may still advertise healthier versions of implicated products. The UK’s Advertising Standards Authority will enforce the legislation, which applies to England, Northern Ireland, Scotland, and Wales.

SNAP retailers receive a temporary grace period for new food restriction waivers. Impacting both brick-and-mortar and online retailers that are authorized to participate in the Supplemental Nutrition Assistance Program (SNAP), USDA’s Food and Nutrition Service (FNS) issued a memorandum on December 30, 2025 establishing a temporary 90-day grace period for retailers to comply with states’ new Food Restriction Waivers requirements. The memorandum further seeks to clarify policies and plans for retailer compliance with the waivers and sets out an oversight plan by FNS to monitor retailer compliance. See our alert.

California mandate for folic acid fortification takes effect. A California law that requires folic acid fortification in corn masa flour and wet corn masa products went into effect on January 1. In 1998, FDA mandated folic acid fortification for enriched wheat, rice, and corn flours, citing folic acid consumption as a way to prevent neural tube defects – defects of the brain and spinal cord, including spina bifida and anencephaly – during early pregnancy. Research has shown that folic acid can reduce these birth defects by up to 70 percent. AB 1830, signed into law in September 2024, states that corn masa flour is a staple in many Central American and South American cuisines and that Latino communities face a disproportionately higher risk of neural tube defects. It requires manufacturers doing business in California to add 0.7 milligrams of folic acid to every pound of flour and to list the addition in their nutrition labels. Small-batch producers, like restaurants and markets that make their own tortillas from scratch, are exempt from the requirement. Months after California’s law was signed, Alabama passed its own version, which will go into effect in June 2026.

China imposes beef tariff to protect domestic industry. On December 31, China’s Ministry of Commerce (MOFCOM) announced it will impose an added 55-percent tariff on beef imports that exceed new quota levels from key suppliers, among them Argentina, Australia, Brazil, and the US. The new import quota, in effect as of January 1, is set at 2.7 million tons per country for this calendar year, and each country's total quota will increase annually through 2028. The announcement of the new quotas concludes a MOFCOM investigation that arose from complaints by Chinese beef producers that beef imports were seriously damaging their industry. The three-year period of the quotas is intended to help domestic beef producers rebuild. US shipments of beef to China had already declined significantly in 2025, reaching only 55,172 tons – less than half the 2024 volume – by November after China chose not to renew registrations for more than 400 US beef plants, meaning that meat from those facilities could not be shipped to China. Meanwhile, the US beef industry is striving to regain market access to China, while diversifying into other markets. To date, about 30 of the 400 suspended US beef plants have achieved relisting.

Department of Commerce will recommend significantly lower antidumping rates for 13 brands of Italian pasta. The US Department of Commerce (DOC) announced on December 30 that it has slashed proposed tariffs on 13 brands of Italian pasta that would have almost doubled their cost for US shoppers. The levies, the highest the White House had proposed on an individual product, would have included a 15-percent tariff on all goods from the European Union plus a 92-percent antidumping duty – a total rate of 107 percent – and would have gone into effect this month. Instead, DOC announced that it would recommend significantly lower antidumping rates of between 2 percent and 14 percent, telling CNN that the decision to recommend lower rates arose from an “evaluation of additional comments received following a preliminary determination.” The final figures will be announced on March 1 after further analysis. Italy exports an estimated USD770 million worth of pasta to the American market each year, making the sector particularly vulnerable to trade restrictions. Coldiretti, Italy’s agribusiness association, had warned that the tariffs would be a “fatal blow” to the country’s pasta industry. Italy’s foreign ministry said, “The recalculation of the duties is a sign that US authorities recognize our companies’ constructive willingness to cooperate.”

Avian influenza update.

• The avian influenza H5N1 variant continues its worldwide rampage. In the US, on December 29 USDA’s Animal and Plant Health Inspection Service (APHIS) reported outbreaks on a broiler breeder farm in Arkansas, a game bird farm in Kansas, a broiler farm in Maryland, and a live-bird market in New York. On December 30, the Indiana State Board of Animal Health confirmed the presence of the virus at a commercial table egg pullet facility in LaGrange County. Nebraska’s sole outbreak of avian influenza, striking a commercial layer flock in Butler County, was confirmed on December 31.
  
  
• The European Commission’s Animal Disease Information System reports that during 2025 the EU saw 699 H5N1 outbreaks in commercial poultry farms in 23 European countries. The state experiencing the largest number of outbreaks in commercial operations was Germany, with 172. In mid-December, the European Centre for Disease Prevention and Control, the agency responsible for shoring up the EU’s defenses against infectious diseases, announced a “pre-pandemic” framework setting out how European governments should prepare for and respond to possible animal-to-human avian influenza transmission.
  
  
• On January 5, Israel confirmed the first case of H5N1 this winter in a commercial duck flock. Also on January 5, the World Organisation for Animal Health (WoAH) reported that India’s Kerala state saw 11 outbreaks of H5N1 in commercial poultry operations during December. WoAH further reported H5N1 outbreaks on two commercial farms in South Africa.
  
  
• In Canada, the Office of the Chief Provincial Veterinarian of Alberta has confirmed that a pet goldendoodle that ingested a snow goose carcass in November subsequently died of H5N1. He urged pet owners to avoid raw meat diets, particularly from poultry, and to keep cats indoors and dogs on leashes, "particularly during those peak migration times in the spring and fall." This is Canada’s second confirmed fatal case of H5N1 in a dog.