Perkins Coie highlights key food regulatory issues under President Trump’s FDA and USDA

A recent Perkins Coie blog has outlined critical food regulatory issues to monitor as the Trump administration takes charge of the FDA and USDA. With Robert F. Kennedy Jr nominated as Secretary of Health and Human Services, Martin Makary as FDA Commissioner, and Brooke Rollins as Secretary of Agriculture, industry stakeholders are closely watching how the new leadership will approach food safety, nutrition, and sustainability.

The blog identifies several pressing areas of focus under the administration’s 'Make America Healthy Again' (MAHA) initiative, including chemicals in food, nutrition policies, alternative proteins, traceability, and food date labeling.

Perkins Coie suggests that FDA will continue prioritizing post-market evaluations of chemicals in food, building on recent actions such as the revocation of Red No. 3 for food use. The firm notes Kennedy’s emphasis on color additives, contaminants, and GRAS substances, signaling that the agency may expand its regulatory oversight of food additives and unintentional contaminants.

The Trump administration is expected to place significant attention on nutrition-related policies, particularly in response to heightened concerns about ultra-processed foods and federal dietary guidelines.

The 2025-2030 Dietary Guidelines are set to reflect new data, including research on plant-based proteins and ultra-processed foods. Perkins Coie notes that these guidelines, which influence federal nutrition programs, will be an early opportunity for the administration to shape food policy.

Additionally, FDA’s recent rule updating the definition of 'healthy' may face review under the Congressional Review Act, with potential revisions to align with the administration’s priorities. The firm highlights the administration’s possible stance on front-of-package labeling, which has drawn criticism from industry stakeholders regarding costs and effectiveness.

Perkins Coie anticipates regulatory updates on cultivated meat and plant-based foods, particularly around labeling requirements and premarket consultations. USDA has proposed rules for labeling cultivated meat products, while FDA is working on guidance for cell-cultured foods.

The firm highlights the potential influence of state-level debates on cultivated meat and plant-based food labeling, with laws in states like Florida and Alabama adding complexity to federal rulemaking.

As the compliance date for FDA’s traceability rule approaches, Perkins Coie discusses the ongoing concerns from the food industry about implementation challenges. The firm notes that stakeholders are seeking additional flexibility, including extensions to compliance deadlines, which may be addressed by the Trump administration’s FDA leadership.

Perkins Coie explores the possibility of a federal standard for food date labeling, a topic recently revisited by FDA and USDA through a joint Request for Information. Tackling food waste was a priority for the first Trump administration, and the firm suggests this focus could be renewed to address inconsistencies in state-level laws and improve consumer understanding.

The Perkins Coie blog underscores the significant influence that federal agencies, Congress, and state governments will have on shaping food regulation in 2025. The firm advises food manufacturers and stakeholders to monitor developments closely, engage with regulatory processes, and prepare for potential changes to existing policies.

The full blog, available on Perkins Coie’s website, provides further insights into these regulatory priorities and what they may mean for the food industry.

(Main photo courtesy of Phil Mistry/Shutterstock.com)