Food Law Regulation, Compliance and Litigation

Since we last met, the food industry has been navigating a landscape marked by unpredictability and shifting priorities. Under the current administration, key agencies such as FDA and USDA are reorganizing, enforcement patterns are changing, and proposed rules are pending.

In this opening session, our distinguished co-chairs will offer insights into the most impactful developments and provide a candid look on how legal and regulatory risks are being reshaped in this evolving environment and how this in turn is reshaping food industry strategies in 2026 and beyond.

In the pendency of key federal regulations and food policy frameworks, the states are creating their own laws and regulations on ingredients, labeling, packaging, and more. This surge in state-level activity is generating significant confusion and compliance challenges for food manufacturers operating nationwide.

This session will examine the latest state legislation and regulation impacting food and how well these state measures may align –or not align- with anticipated federal policy.

• Exploring where federal oversight ends and where states have the legal power to enforce their own food laws
• Assessing the present status of federal activity concerning food regulation
  • Status of key FDA and USDA food initiatives
• Examining state initiatives on labeling, ingredient bans, packaging requirements, and UPF definitions
  • Update on new and pending Texas and Louisiana laws and regulations concerning food
• Navigating the patchwork of state laws and developing adaptable compliance protocols
  • Understanding the importance of agile and flexible compliance protocols during this time of pendency
• Anticipating how these state measures may conflict with pending federal food laws and regulation
  • What can state legislatures do to align state food laws with anticipated federal measures?

At time of press, the Supreme Court’s decision on the legality of tariffs under Trump 2.0 is forthcoming and tariffs are still in effect.

This session will explore how tariffs, trade wars, and immigration shifts are presently impacting global supply chain, sourcing, pricing, and labor for the food industry. Our speakers will also offer insights into how a possible Supreme Court decision invalidating tariffs would impact the food industry.

• Understanding the impact of tariffs on the food industry and how they are disrupting global supply chains
• Examining the fallout of current trade wars on sourcing strategies, ingredients, and product pricing
• Exploring the economic consequences and business impact to the food industry in the event of a Supreme Court ruling that the Trump tariffs are invalid
• Exploring new workforce considerations in light of the Trump Administration’s immigration polices
  • Analyzing the economic fallout of these new immigration policies on the food industry and consumers

The panel will explore the FDA’s landscape for oversight of food imports, highlighting key 2025 developments including FSVP and other enforcement trends, new mandatory import certifications requirements, and the agency’s growing use of data-driven tools like ImportShield.

This session will cover evolving FDA priorities, advanced import-screening and analytics, and global supply-chain pressures shaping compliance expectations in 2026 and beyond, offering practical guidance for preparing for increased scrutiny and strengthening import-compliance strategies.

• Analyzing key FDA enforcement trends and extract lessons from recent contamination events
• Explaining how mandatory import certifications and tools like ImportShield are reshaping import oversight
• Assessing verification challenges driven by supply-chain shifts, tariff changes, and new sourcing decisions
• Identifying emerging hazard considerations, including chemical, ingredient, and formulation-related risks
• Understanding practical steps to strengthen supplier-verification and import-compliance programs

The longstanding framework for Generally Recognized as Safe (GRAS) ingredients is facing increased scrutiny and potential overhaul. Learn how manufactures and ingredient suppliers are responding to regulatory uncertainty, and what the proposed elimination of self-GRAS could mean for product development and commercialization.

• Exploring the status of and anticipating FDA’s proposed rule on GRAS reform
  • Understanding how it would amend the current GRAS process
  • Assessing the future of self-affirmed GRAS and FDA’s proposed changes to the notification process
• Examining state-level ingredients ban proposals and GRAS reform initiatives
• How would these measures affect upcoming federal reform efforts
  • NY
  • PA

Ultra processed foods or UPFs are the food industry’s latest conundrum, with the states once again stepping in during a time of federal pendency.

In this session, attendees will gain insights into how state and federal initiatives are converging to redefine what is considered “processed” vs “ultra-processed” in food production.

• Checking the status of FDA initiatives regarding ultra processed foods
  • Implications of pending federal rulemaking
• Exploring evolving state regulatory frameworks shaping standards for ultra-processed foods (UPFs)
  • Examining how California’s proposed UPF definition is affecting the food industry
• Understanding how manufacturers can proactively align with emerging state and federal expectations on UPFs through reformulation, labeling, and strategic risk management
• Navigating consumer expectations and legal risk in product positioning and labeling relative to processed vs. ultra processed food status

The dismissal of Martinez v. Kraft Heinz was the first attempt to hold food makers liable for the “addictiveness” of ultra-processed foods and offered key lessons for future litigation. Now, San Francisco’s lawsuit (People of the State of California v. Kraft Heinz Company, Inc., et al.) signals a new front, alleging UPFs fuel chronic disease and mislead consumers.

This session explores what these cases mean for manufacturers and how to prepare for the next wave of UPF lawsuits.

• Overview and analysis of Judge Perez’s dismissal in Martinez v. Kraft Heinz
  • Analyzing why the court rejected claims of addiction and health harm due to lack of causation and specificity
• Understanding the implications of this case for future UPF litigation
  • Interpreting the current limits of consumer protection laws in addressing food processing and marketing practices
• Query: If all the defects of Martinez, per Judge Perez’s decision, were addressed and corrected in a future lawsuit, could the lawsuit still go forward?

This session offers a comprehensive guide to navigating evolving label mandates, consumer expectations, and operational realities.

• Examining the status of federal FOP labeling mandates and what they will mean for manufacturers
  • Reformulation decisions
• Understanding how evolving dietary guidelines are reshaping label content and format
• Developing compliance strategies for label mandates in TX, LA, and other states
  • TX warning label on banned EU ingredients
• Exploring innovative labeling solutions such as QR code compliance and shelf tag alternatives
  • Insights from manufactures and retailers on label visibility, consumer trust, and operational feasibility

Discover how the MAHA Report is transforming America’s nutrition landscape.

This session dives into the MAHA Report and its connection to the latest changes to the Dietary Guidelines for Americans (DGA), explores the ripple effects on federal nutrition programs, and reveals what these shifts mean for food manufacturers, retailers, and vulnerable communities.

• Examining changes in the Dietary Guidelines for Americans (DGA) linked to the MAHA movement which emphases whole foods, increased saturated fats, and the reduction of ultra-processed foods and seed oils
  • Analyzing how food manufacturers may change their business strategies to focus on health brands more than others
• Exploring the impact on federal nutrition assistance programs (i.e., SNAP, school lunch, etc.), including soda restrictions and retail waivers
  • Addressing new opportunities for food manufacturers who align with MAHA priorities to join National School Lunch Programs
• Identifying implications for industry, retailers, and vulnerable communities as policies to reshape product development, marketing, and access to healthy foods
• Outlining key regulatory compliance requirements and litigation risks for industry stakeholders
  • Delivering takeaways that equip companies to stay prepared for these shifts