: A Ninth Circuit panel has partially revived (Law360 subscription required) a lawsuit alleging that FDA and USDA nutrient content claim regulations violate First Amendment rights by preventing the inclusion of certain information about fermentable oligosaccharides, disaccharides, monosaccharides, and poloyols (FODMAPs) on food labels. The lawsuit was initially filed against FDA, USDA, and USDA's Food Safety Inspection Service (FSIS) in March 2023 after one plaintiff submitted a label to FSIS for approval. FSIS denied the approval, telling the company that it must “remove all references to digestible, gut loving, and fodmap.” According to the plaintiff, FDA had never raised concerns about the claims on labels of FDA-regulated foods. According to the Ninth Circuit, FSIS told the company that it discussed the proposed label with FDA, and FDA agreed that the FODMAP claims were impermissible nutrient content claims. The company modified the label, then filed the lawsuit along with a consumer plaintiff. The plainti[...]
: Officials in Florida are urging a federal judge to dismiss UPSIDE Food's (UPSIDE) constitutional challenge to the state's cultivated meat ban, SB 1084 , arguing that the company's claim is vague and unsubstantiated. UPSIDE claims that the ban was enacted for discriminatory purposes in violation of the Dormant Commer Clause. The company's complaint cites to public comments made by Florida Governor Ron DeSantis and Florida Ag Commissioner Wilton Simpson that claimed the out-of-state cultivated meat industry threatens Florida's in-state conventional meat and agricultural industries. UPSIDE argues that these comments demonstrate Florida's sole intent in enacting the ban was to protect the state's cattle industry. While the court previously denied UPSIDE's motion for a preliminary injunction and rejected its claim that the Poultry Products Inspection Act preempted the law, as we reported last year , it allowed the company to proceed with its constitutional challenges to the law. Florida's SB 1084, the nation's fi[...]
: Today, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) issued the first of three proposed rules that aim to update infant formula nutrient requirements. While the formal rulemaking process commences, FDA has also released new chemical contaminant testing data demonstrating that most infant formula samples showed low or non-detectable levels of contaminants, according to HHS' press release . FDA intends to conduct a comprehensive review of the 30 nutrients currently required in infant formula marketed in the United States. The FDA intends to consolidate final changes to infant formula nutrient requirements into a single comprehensive final rule. Today's proposed rule (phase 1 of three) would update requirements for iodine, manganese, vitamin A, and vitamin D and reaffirm existing requirements for chloride, potassium, selenium, and sodium. It would also change the units of measure for two nutrients and request public input on potential requirements for ingredie[...]
: Governor Newsom has signed California's AB 2244 , which creates the country's first voluntary non-ultraprocessed food certification program. By June 1, 2029, the California Department of Public Health (CDPH) must develop a system to accredit independent certification agents that can certify food products as “Non-Ultraprocessed Certified.” The “Non-Ultraprocessed Certified” seal (proposed previously to be “California Certified”) may only be used for foods that do not qualify as an ultraprocessed food (UPF), UPF of concern, or a restricted food, as defined by California's UPF standards introduced in 2025. The program will allow certified products to display the seal on their packaging and will require manufacturers to recertify their products every three years. CDPH must create and maintain a public database of these certified products. Under the law, retailers with more than 25 individual non-UPF-certified product types and who generate more than $10 million in sales annually will be required to prominently d[...]