This update includes FDA and USDA updates, warning letters, lawsuits, and other articles of interest, including changes to SNAP related to the MAHA agenda, an updated voluntary “Product of USA” label, the FDA’s delay of expanded uses of beetroot red and spirulina, and more.
FDA Updates
Multi‑Year FDA Study Examines Food Safety Risks in California’s Central Coast
March 5: The U.S. Food and Drug Administration (FDA) released the findings from a multi‑year environmental study conducted in California’s Central Coast agricultural region. In collaboration with the California Department of Food and Agriculture, UC Davis, and regional stakeholders, the California Longitudinal Study examines environmental factors that may contribute to the introduction, persistence, and spread of foodborne pathogens before harvest. Launched in 2020 following recurring E. coli outbreaks, the study identified livestock and wildlife fecal matter and surface water as potential sources of Shiga toxin‑producing E. coli. FDA stated the findings will help inform improved growing practices and enhance produce safety. More information can be found here.
FDA Reviews Foodborne Illness Risks Tied to Untreated Animal-Based Soil Amendments
March 12: The FDA released a risk assessment that evaluated the risk of human illness associated with consumption of produce grown in fields with untreated biological soil amendments of animal origin (BSAAO), including raw manure. The risk assessment concluded that extending the time between the application of untreated BSAAO and produce harvest significantly reduces the potential level of human pathogens on produce at the time of harvest. Results of the risk assessment will be used to inform policy decisions regarding appropriate standards for the use of raw manure and other untreated BSAAO when growing produce. More information can be found here.
FDA Publishes 2024 CORE Report on Foodborne Outbreak Response
March 17: The FDA released its CORE 2024 Annual Report, which summarizes investigations of foodborne illness outbreaks and certain adverse events in FDA‑regulated human foods during 2024. The report describes the work of the agency’s Office of Coordinated Outbreak Response, Evaluation, and Emergency Preparedness (CORE+EP), which evaluated 72 incidents, responded to 26 outbreaks or events, and issued 10 public health advisories. These numbers are consistent with recent years. The report highlights notable investigations, including an E. coli outbreak linked to carrots, illnesses associated with cheese, and adverse events tied to certain chocolate products. More information can be found here.
FDA Extends Comment Period on Gluten Labeling and Cross‑Contact Petition
March 18: The FDA extended the comment period for a Request for Information (RFI) related to labeling and preventing cross-contact of gluten for packaged foods. The RFI responds to a citizen petition asking FDA to require clearer identification of all gluten‑containing ingredients and stronger controls to prevent cross‑contact with gluten‑containing grains. FDA is seeking comments and data on these issues to help assess potential risks to consumers with celiac disease and to inform possible future regulatory actions related to gluten disclosure and cross‑contact practices. The extended comment deadline is April 22, 2026. More information can be found here.
FDA Delays Expanded Uses of Beetroot Red and Spirulina After Objections Filed
March 24: The FDA announced indefinite delays to the effective dates of its February 6, 2026 final orders that would have expanded the permitted uses of spirulina extract and beetroot red as a color additive in human food. In both cases, the delays were triggered by timely objections and requests for hearings on the final orders. This announcement does not reflect a change in FDA’s determination that there is a reasonable certainty of no harm from the use of these color additives under the conditions of its intended use. More information can be found here and here, as well as in our February 2026 Regulatory Update.
2023 IFSAC Report Identifies Key Sources of Foodborne Illness
March 27: The Interagency Food Safety Analytics Collaboration (IFSAC) released an annual report titled “IFSAC 2023 annual report: Foodborne illness source attribution estimates for Salmonella, Escherichia coli O157, and Listeria monocytogenes, United States, a weighted approach using 1998–2023 outbreak data.” The report provides updated estimates on the food sources most associated with foodborne illness in the U.S. Using outbreak data from 1998 through 2023, the report presents annual estimates of the percentages of foodborne illness attributed to 17 food categories for Salmonella, Escherichia coli O157, and Listeria monocytogenes. The findings highlight the wide range of foods linked to these illnesses and are intended to help federal agencies, industry, and other stakeholders prioritize prevention strategies and evaluate the effectiveness of existing food safety controls. More information can be found here.
FDA Requests Public Comment on Renaming Select Rockfish Species
March 31: The FDA is seeking public input on whether to update the acceptable market name for 18 Sebastes species, currently marketed as “rockfish,” to “snapper.” The FDA has received inquiries from industry stakeholders requesting that the name be changed to “snapper.” The Request for Information follows a 2025 congressional directive about potential naming changes reflected on FDA’s Seafood List. Public comments are due by May 1, 2026. More information can be found here.
FDA Warning Letters
Seafood: The FDA issued warning letters to Feng Foods Trading Inc., Rio Verde Food Service Inc., and El Rey USA Meats & Seafood Inc. citing violations of the seafood Hazard Analysis and Critical Control Point (HACCP) regulations, including failures to verify that imported products were processed under compliant conditions and deficiencies in HACCP plans for live oysters. FDA concluded the products may be adulterated due to insanitary conditions.
Shell Eggs: The FDA issued warning letters to John Yoder Farm and Black Sheep Egg Company alleging shell egg safety violations. FDA cited failures to prevent Salmonella and insanitary conditions, including inadequate sanitation, pest control, and required handling and temperature controls, leading FDA to conclude the eggs may be adulterated under federal law.
A database of warning letters can be found here.
USDA Updates
USDA Advances MAHA Agenda with New Partnerships and SNAP Changes
March 4: The U.S. Department of Agriculture (USDA) announced new initiatives to advance the “Make America Healthy Again” (MAHA) agenda through public–private collaboration and updates to the Supplemental Nutrition Assistance Program (SNAP). USDA launched Dietary Guidelines for Americans Strategic Partnerships to encourage private-sector organizations, including retailers, producers, the media, and the medical community to help educate consumers on healthy eating. USDA will also be issuing a Stocking Standards final rule that would strengthen minimum staple food stocking standards for retailers participating in SNAP. More information can be found here.
FSIS Launches New Centralized Website for Public Q&A Resources
March 6: On March 23, 2026, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) moved its public question-and-answer resources to a new website, ask.fsis.usda.gov. The new website serves as a centralized location for publicly available Q&As, the Small Plant Help Desk, and the Meat & Poultry Hotline. Users will be able to easily search for existing guidance, submit written questions, and contact FSIS assistance services directly. Improved search tools make it easier to find information on inspection, food safety, and regulatory requirements. FSIS plans to add more features over time. The new askFSIS website can be found here.
FSIS Seeks Public Input on Updating Establishment Size Definitions for Meat, Poultry, and Egg Producers
March 24: FSIS has issued an advance notice of proposed rulemaking seeking public input on whether and how to revise its establishment size definitions for meat, poultry, and egg products facilities. FSIS currently relies on size categories based on employee count and sales that may not reflect modern business structures or production volumes. FSIS is requesting stakeholder feedback on alternative approaches, including the use of production‑based metrics or corporate ownership considerations. Comments are due May 26, 2026. More information can be found here.
USDA Launches Outreach Campaign for New Voluntary “Product of USA” Label
March 24: The USDA announced a new public awareness effort to promote its updated, voluntary “Product of USA” label for meat, poultry, and egg products, which took effect January 1, 2026. Under the updated standard, the label may be used only for products from animals that were born, raised, harvested, and processed entirely in the United States. USDA says the change is intended to improve transparency, prevent consumer confusion, and ensure that producers can compete on a level playing field. USDA also launched a “Products of USA” webpage for resource materials dedicated to the “Product of USA” standard, including qualification criteria, guidance, and answers to frequently asked questions. More information can be found here.
FSIS Extends Retained Water Labeling Deadline to 2027
March 27: FSIS has extended the compliance deadline for updated retained water labeling requirements to January 1, 2027. The extension is intended to help industry stakeholders obtain sufficient labeling materials and complete necessary updates to product labels. Review and approval of retained water protocols is ongoing, and establishments seeking approval must submit their protocols and supporting data through askFSIS by June 1, 2026. FSIS will continue to address questions through its Office of Policy and Program Development.
Other Articles of Interest
Changes Ahead for GRAS: FDA Proposes New Approach to Ingredient Safety
March 6: The FDA is preparing a proposed rule to overhaul the “generally recognized as safe” (GRAS) system for food ingredients, a draft of which will be released later this spring or early summer. The proposal would no longer allow companies to self‑determine ingredient safety without notifying the agency and supplying supporting data. FDA officials acknowledge they lack visibility into how many GRAS ingredients are currently in the food supply and are pairing the rule with a new postmarket review program. While public support for stronger chemical oversight is high, food companies are concerned about the burden of potentially having to substantiate the safety of ingredients they have been using for years. More information can be found here.
Food Companies Monitor Consumer Concerns Over PFAS, Microplastics, and Food Safety
March 19: Food and beverage companies are preparing for increased consumer and regulatory scrutiny as concern grows over chemicals in food and packaging, driven in part by the MAHA movement. Restaurant chains and major food manufacturers are flagging potential risks in corporate disclosures tied to public attention on PFAS, microplastics, heavy metals, food dyes, and pesticides. Companies cited concerns that heightened public and regulatory attention, including state and federal legislative activity, could affect consumer demand, supply chains, and compliance costs. More information can be found here. (requires subscription)
Study Finds PFAS-Linked Pesticide Residues on Common Fruits and Vegetables
March 24: A study released by the Environmental Working Group (EWG) found that many commonly consumed fruits and vegetables contain detectable pesticide residues, including residues associated with PFAS. The group identified more than 200 pesticides on its annual “Dirty Dozen” list, with leafy greens and certain fruits showing the highest levels. According to the report, washing produce reduces, but does not eliminate PFAS residues. The report recommends switching to organic fruits and vegetables which can reduce the intake of PFAS chemicals. EWG continues to advise consumers to eat fruits and vegetables while being informed about potential chemical exposures. More information can be found here.
Researchers Find “High‑In” Nutrition Labels More Effective Than Current FDA Proposal
March 28: The FDA proposal to add front‑of‑package nutrition labels on packaged foods is drawing renewed attention as new research suggests alternative designs may be more effective than the FDA’s current approach. The FDA has proposed a standardized front‑of‑pack label rating saturated fat, sodium, and added sugars as low, medium, or high, but a UC Davis study published in The Lancet Public Health journal found that simpler “high in” warning‑style labels helped consumers more quickly identify less healthy foods. Researchers tested multiple label formats with U.S. adults and concluded that clearer, nutrient‑specific warnings could better support informed purchasing decisions, particularly for highly processed foods. More information can be found here.
Lawsuits
Amazon Supplement Labeling Lawsuit Moves Forward
March 2: A judge for the U.S. District Court for the Western District of Washington allowed a proposed class action against Amazon to proceed, rejecting Amazon’s request to pause the case based on potential changes to the FDA’s dietary supplement labeling rules. Consumers allege Amazon deceptively marketed supplements with unapproved disease-related or heart-related claims without required disclaimers. Amazon argued the case hinges on a labeling requirement that the FDA has indicated it may remove. But the court found current rules remain enforceable and any regulatory changes would not apply retroactively. The judge also stated that federal courts regularly address label compliance without deferring to the FDA. The case is Medal et al. v. Amazon.com Services LLC, case number 2:23-cv-01975.
This Regulatory Update covers information from March 2026. Please contact Paul Benson, Taylor Fritsch, or Leah Ziembafor additional information on regulatory issues that may affect your business. For access to articles and resources from our Premium Member law firm, Michael Best & Friedrich, visit michaelbest.com.