In this episode of Food & Chemicals Unpacked, we’re joined by Dave Fusaro, Editor in Chief of Food Processing magazine, to unpack the growing debate over ultra-processed foods (UPFs). We discuss Mark Thompson's article, "Ultraprocessed Foods: What Are We Even Talking About?" along with recent regulatory and legislative developments, including the FDA’s request for information on UPFs, state-level actions such as California’s AB 1264, and ongoing efforts to define what “ultra-processed” really means.

In this episode of Food and Chemicals Unpacked, we revisit Extended Producer Responsibility (EPR) for packaging, now rapidly advancing with deadlines approaching. Keller and Heckman Partner Rachel Bond returns to share updates on state implementation, reporting requirements, a legal challenge, and the latest legislative developments, including new study bills and growing momentum across the U.S.

In this episode, Keller & Heckman LLP Partner Eve Pelonis joins us to dive deep into the colorful world of color additives for food, drugs, and cosmetics, clearing up common misconceptions. We touch on important issues, including whether the GRAS exemption is applicable to color additives, and the recent attention on synthetic color additives by Secretary Robert F. Kennedy Jr. and the new administration's push for natural alternatives.

In this episode of Food & Chemicals Unpacked, we dive into the current adjustments experienced at the U.S. Food and Drug Administration (FDA) so far under the Trump administration. Keller and Heckman Partner George Misko joins us to discuss the future of food safety regulations, including the downsizing of HHS under Secretary Robert F. Kennedy Jr., potential changes to the GRAS process, and FDA’s ongoing post-market review program. We also discuss Keller and Heckman’s Paper Packaging Law Seminar coming up in May 2025.

In this episode of Food & Chemicals Unpacked, we are joined by guest speakers, Partners Cynthia Lieberman and Rick Stearns, who dive into the recent evolution of FDA's cosmetics regulations. They explore the Modernization of Cosmetics Regulation Act (MOCRA), including new requirements relating to adverse event reporting, Good Manufacturing Practices, and other topics. The discussion also provides insights on how cosmetics and personal care product manufacturers and their suppliers can ensure that finished products (makeup, soaps, sunscreen, shampoo, etc.) maintain compliance with MOCRA and other current legal obligations in the United States.

In this episode, we reflect on key legal, scientific, and industry developments from 2024 that impact packaging and some insights on what to expect and prepare for in the upcoming year across the food and chemical industry.

This episode of Food & Chemicals Unpacked explores the Packaging and Packaging Waste Regulation (PPWR) currently being advanced in the European Union (EU). Keller and Heckman Partner Hazel O’Keeffe joins us to provide an overview of the proposed regulation, covering its main objectives and potential impacts on food packaging, cosmetics, and other consumer products. This talk addresses topics such as recyclability, “substances of concern”, packaging minimization targets, and the PPWR’s interplay with the Single Use Plastics Directive (SUPD). Hazel also shares some valuable insights on the steps companies can take to stay ahead of these compliance and sustainability challenges.

In this episode, we cover "economic adulteration," which is intentionally changing a food product's composition for an economic motive (e.g., removing or substituting a valuable ingredient or part of a food). This is often referred to as “food fraud." Keller and Heckman Partner Tony Pavel joins us to provide an overview of the history of economic adulteration in the U.S. and more globally, and how this phenomenon has contributed to the evolution of food safety laws. We cover a few different examples of economically adulterated food products, which shed light on the ongoing challenges that regulators, food safety experts, and supply chain managers face in addressing this issue. We also discuss what companies should be doing to mitigate risk.

This episode provides an update on recent activity involving the use of food additive titanium dioxide (TiO2). It includes a brief background on the use of TiO2 followed by the recent inquiries into the safety of TiO2 in France and Europe, and a recent statement by FDA confirming the safety of the food additive. Dr. Ivan Boyer, a staff toxicologist at Keller and Heckman, shares his insights on the scientific data and the deficiencies in the EFSA assessment that underpinned the recent European ban on TiO2 as a food additive.

This episode explores California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Partner Sophie Castillo, an attorney from Keller and Heckman’s California Proposition 65 and Litigation practices, shares her insights on complying with Proposition 65. Sophie provides background on the law, the significance of a Proposition 65 warning, preemption and other legal challenges, as well as Office of Environmental Health Hazard Assessments (OEHHA) and bounty hunter activity. Additionally, the episode dives into trends in the chemicals and product categories targeted by bounty hunters.

The 8th episode of Food & Chemicals Unpacked dives into the inner workings of the National Advertising Division (NAD), the advertising industry’s self-regulatory mini court. Keller and Heckman attorneys Katie Bond and Samuel (Sam) Butler, both from our Advertising and Promotion practice, join us to provide an overview of all things NAD. We cover its origin, the structure of NAD proceedings, the interaction between the NAD and the Federal Trade Commission (FTC), what types of companies participate in NAD challenges, the appeals process, and more. The episode highlights the findings of a new analysis by Katie and Sam on changing outcomes at the NAD over the past few decades.

In this episode, we take a more traditional legal focus as we discuss potential changes to a cornerstone of federal administrative law, called Chevron Deference. This standard has long governed how much deference federal courts give to decisions made by agencies, such as FDA and EPA. It is based on a 1984 case, Chevron v. National Resources Defense Council, that the Supreme Court recently agreed to reconsider in an upcoming case this fall. Keller and Heckman Partners Eric Gotting and David Joy join us to discuss potential implications for FDA and other agencies if the Supreme Court decides to vacate the Chevron decision or limits is application, as well as legislative developments such as the Food and Drug Omnibus Reform Act of 2022. They use recent federal court decisions in Genus Medical Technologies LLC. v. U.S. FDA and Catalyst Pharmaceuticals, Inc. v. Becerra to illustrate how Chevron Deference works and what changes may be in store for FDA and the regulated community.

This episode offers a roundtable discussion on the regulatory landscape surrounding “green claims” in the United States with Keller and Heckman partners Sheila Millar and JC Walker. This detailed conversation touches on numerous advertising claims of interest to brand owners that are currently under consideration by the Federal Trade Commission (FTC) in an effort to update its “Green Guides.” The FTC is currently accepting comments on key claims addressed in the Guides (e.g., “recyclable,” “recycled content,” “degradable,” “compostable,” and “carbon offset”), which are commonly leveraged by consumer brands. Sheila and JC also address the impacts that evolving state legislation and court rulings have on the use of green claims within the market.

The topic of this episode is Extended Producer Responsibility (EPR) programs for packaging materials, which have begun to proliferate in the U.S. Four states have now implemented EPR programs, others have proposed legislation, and more states are expected to follow suit in the years to come. Keller and Heckman Partner Rachel Bond joins our hosts to discuss EPR and related sustainability issues. Rachel provides insight into regulations, requirements, and exemptions in place for current EPR programs. Associate Caleb Holland also reports on EPR legislation, both at the federal and state level.

This episode details the regulatory landscape for tobacco products and reports on current trends in the industry. Our team shares its knowledge of the process for obtaining authorization to market new tobacco products in the U.S. We also provide the inside scoop on industry-shaping litigation that Keller and Heckman has led. Finally, the episode discusses recent changes at FDA’s Center for Tobacco Products and how the changes might impact industry.

In this episode, we discuss the current shortage of infant formula in the U.S. with Food and Drug Partner Rick Stearns. In February 2022, a recall of infant formula produced at a single U.S. facility contributed to a major shortage in the infant formula market. To date, FDA continues its efforts to mitigate the effects of this shortage. As the disruptions to infant formula supply now show signs of easing, we look into the underlying causes, trajectory, and FDA intervention. The episode covers FDA oversight of infant formula manufacturing, aimed at ensuring that consumers are presented with safe and quality products that provide suitable nutritional content. Our team also discusses the lasting impact these events may have on the market.

Our second episode discusses an important development in Europe – a revision to the European Union’s rules on the use of recycled plastics in food packaging.  This new law completely revamps how plastics recycling is regulated in Europe and will impact the entire supply chain, from recyclers to packaging manufacturers, and even everyday consumers. Our team also walks through some recent news on PFAS, some FDA pronouncements on genome-edited beef cattle and guacamole, as well as a major action by the sugar industry.

Welcome to the first episode of Food & Chemicals Unpacked! Today’s episode focuses on the regulation of PFAS in food packaging applications. This incredibly important issue affects a huge number of products in various markets.  We provide an overview of these chemistries and summarize developments in the United States at both the Federal and State level on PFAS regulation.  Additionally, our team discusses some of the recent trade press that impacts food, e-cigarettes and the chemical industry.  

An introduction to our a la carte podcast covering all things relating to the food and chemical industries.  Food & Chemicals Unpacked will help you dig into the legal requirements and science surrounding food, packaging, chemicals, tobacco products, and much more.  Learn how these products are regulated and insights on current news and developments in this space.