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.