This update includes FDA and USDA updates, warning letters, lawsuits, and other articles of interest, including a petition to allow irradiation of raw enriched wheat flour, expanded support for small meat and poultry processors, a new food date-labeling law, and more.
FDA Updates
FDA Releases Traceability Readiness Findings and Updated FAQs
June 10: The U.S. Food and Drug Administration (FDA) released a report summarizing food traceability readiness tabletop exercises held with industry. The exercises were designed to help the food industry prepare to comply with the Food Traceability Rule (FTR). The exercises found that most participating firms were able to provide required traceability records within 24 hours, demonstrating progress toward compliance, although challenges remain with certain data elements. The Agency has also updated its FTR Frequently Asked Questions to provide clarity on a number of topics related to the rule. More information can be found here.
FDA Renews Science Board Charter Through 2028
June 18: The FDA renewed its Science Board advisory committee for an additional two years, extending its charter through June 26, 2028. The Science Board provides independent expert advice on complex scientific and technical issues affecting FDA-regulated products, including food, drugs, cosmetics, and veterinary products. More information can be found here.
FDA Reviews Petition to Allow Irradiation of Raw Enriched Wheat Flour
June 25: The FDA announced that it has filed a food additive petition from Sterigenics U.S., LLC seeking approval to amend food additive regulations to allow for the use of ionizing radiation in raw enriched wheat flour to reduce pathogens. The petition was filed on June 5, 2026, and proposes a maximum treatment level of 30 kiloGray (kGy). More information can be found here.
FDA Unveils 2026 Human Foods Program Guidance Agenda
June 29: The FDA’s Human Foods Program (HFP) released its updated 2026 guidance agenda, outlining priority guidance documents the agency plans to complete this year. New topics under consideration include guidance on labeling caffeine content in foods and beverages, questions and answers regarding the use of the “healthy” claim, and updates to food product categories and food facility registration. The agenda also includes several food safety and nutrition topics, including guidance on contamination in ready-to-eat foods and action levels for cadmium and inorganic arsenic in foods for babies and young children. The complete list can be found at Foods Program Guidance Under Development. Public comments on the list of human food and cosmetic guidance topics, including suggestions for alternatives or recommendations on the topics the FDA is considering, can be submitted to http://www.regulations.gov/, using Docket FDA-2022-D-2088. More information can be found here.
FDA Warning Letters
Adulterated Animal Drug: FDA issued a warning letter to Golden Dakota Farms after finding dairy cattle sold for slaughter contained ampicillin residues above FDA tolerance levels. The agency cited inadequate treatment records, failure to prevent medicated animals with drug residues from entering the food supply, and improper use of animal drugs without veterinary oversight.
Unapproved New Drug: FDA issued a warning letter to Herbal Dermals LLC after determining that the company marketed its “Gotucream” product with claims that it could treat and relieve balanitis symptoms, causing the product to be regulated as a drug. FDA concluded that Gotucream is an unapproved new drug because it is not generally recognized as safe and effective for its intended use and lacks FDA approval.
A database of warning letters can be found here.
USDA Updates
USDA Expands Support for Small Meat and Poultry Processors
June 3: The U.S. Department of Agriculture (USDA) launched a Small Processors Action Plan to better support small and very small meat and poultry processing facilities through improved customer service, clearer guidance, streamlined regulatory processes, and reduced administrative burdens, while maintaining food safety standards. The agency also announced $60 million in funding for a fourth round of the Meat and Poultry Processing Expansion Program, which will help eligible processors expand capacity, strengthen competition, and improve supply-chain resilience. The initiatives are intended to bolster local processing infrastructure and support growth in the domestic meat and poultry sector. More information can be found here.
New World Screwworm Detected in Texas, Prompting Federal Response
June 5: USDA’s Animal and Plant Health Inspection Service (APHIS) confirmed the detection of New World screwworm in a three-week-old calf in Texas, prompting federal and state officials to implement containment and eradication measures, including expanded surveillance, trapping, and sterile fly releases. APHIS and Texas authorities have established a unified response under the New World Screwworm Response Playbook and created an infested zone to limit spread. USDA emphasized that the U.S. food supply remains safe, noting that screwworms do not infest meat and that affected animals would be identified through federal inspection processes before entering commerce. More information can be found on USDA’s Screwworm website here.
FSIS Revises RTE Questionnaire to Improve Food Safety Monitoring
June 18: The USDA Food Safety and Inspection Service (FSIS) issued Notice 26-26, which updates the Ready‑to‑Eat (RTE) Questionnaire to streamline weekly data collection from establishments producing ready-to-eat meat, poultry, and egg products. The revised questionnaire reduces the survey to three targeted questions focused on factors most relevant to controlling Listeria monocytogenes risks. The weekly input provides insight into sanitation practices, facility conditions, environmental risks, and testing results. Information collected through the questionnaire supports program improvements, strengthens oversight, and helps FSIS make informed decisions.
FSIS Launches Pilot Program to Strengthen Salmonella Controls in Poultry Processing
June 26: FSIS announced a new pilot program for raw chicken and turkey establishments to measure Salmonella levels throughout slaughter and processing operations. Eligible facilities that use Salmonella biomapping or a validated Critical Control Point in their food safety systems may participate. FSIS will evaluate shorter, variable performance-standard assessment windows and may consider alternative sampling frequencies through waivers. Data collected during the pilot could help inform future regulatory changes related to Salmonella control in poultry processing. More information can be found here.
USDA Launches SPUR Program to Support Small and Mid-Size Beef Processors
June 30: The USDA announced the Strengthening Processing for U.S. Ranchers (SPUR) Program, which will provide up to $500 million in temporary payments to eligible small and mid-size beef processors to help offset rising cattle acquisition costs and maintain processing capacity during a period of historically low cattle inventories. The program is limited to U.S.-owned, federally or cooperatively inspected processors that are not dominant market participants. USDA’s goal is to preserve independent processing capacity, strengthen competition and regional supply chains, and support rural communities across the country. More information can be found here.
Other Articles of Interest
Senators Question USDA’s Planned FSIS Reorganization
June 1: A group of U.S. senators led by Patty Murray and Amy Klobuchar raised concerns about USDA’s planned reorganization of FSIS, warning that staff relocations and workforce reductions could affect the agency’s ability to oversee food safety and respond to foodborne illness outbreaks. In a letter to USDA leadership, the senators expressed concern that the changes could reduce institutional expertise, hinder coordination with public health partners, and delay outbreak investigations. They requested additional information on how USDA will maintain FSIS operations and food safety protections during the transition. More information can be found here.
Food Industry Faces New FDA Post-market Review Framework
June 5: The FDA announced a proactive process for the post-market assessment of food additives and initiated the post-market assessments of azodicarbonamide (ADA) and butylated hydroxytoluene (BHT) as initial priorities. The framework establishes a structured process for identifying and evaluating chemicals based on factors such as toxicity, exposure, and emerging scientific evidence, supported by annual work plans and public comment opportunities. The changes could increase regulatory scrutiny, supply chain uncertainty, and litigation risk for food manufacturers and ingredient suppliers. The changes also create greater opportunities for industry engagement in FDA reviews.
Inspection Records Reveal Years of Safety Issues Before Boar’s Head Listeria Outbreak
June 9: Newly released USDA inspection records show that food safety and sanitation problems at Boar’s Head’s Jarrett, Virginia, facility were documented as early as 2019, well before the 2024 Listeria outbreak at the plant. The records cite repeated concerns over several years, including standing water, condensation, pest activity, mold, equipment residue, and facility maintenance issues. The records also raise questions about sanitation controls and oversight. The outbreak sickened 61 people in 19 states, caused 10 deaths, led to a recall of more than 7 million pounds of products, and prompted Boar’s Head to permanently stop producing liverwurst. More information can be found here. (Requires subscription)
Survey Highlights Negative Consumer Perceptions of Ultra-Processed Foods
June 10: A recent survey of 2,000 U.S. adults found that while more than half of respondents had heard of ultra-processed foods (UPFs), only one-third felt confident explaining the term. Despite this limited understanding, a majority of the respondents viewed UPFs as a significant contributor to obesity, type 2 diabetes, and cardiovascular disease, with opinions remaining largely consistent across political affiliations. The findings come as federal agencies continue efforts to develop a uniform definition of UPFs. More information can be found here.
Brewers Association Urges FDA to Maintain Current Gluten-Free Labeling Standards
June 11: The Brewers Association urged the FDA to maintain existing gluten-free labeling rules, including the current threshold of less than 20 parts per million of gluten and the separate alcoholic beverages regulatory framework. The group argues that new disclosure requirements could create regulatory overlap, increase compliance burdens, and blur distinctions between allergen labeling and gluten-free claims. More information can be found here.
Food Industry Shifts Away from Synthetic Dyes
June 15: Approximately 40% of food manufacturers are reformulating products to replace synthetic food dyes. This move is driven less by federal requirements and more by state laws, retailer expectations, and consumer demand for cleaner labels. While the FDA’s goal to phase out several petroleum-based dyes remains voluntary, companies face significant technical and supply-chain challenges, including color stability, flavor impacts, cost, and ingredient sourcing. Major brands such as Kraft Heinz, Nestlé USA, and General Mills have committed to eliminating synthetic dyes by 2027, highlighting the industry’s broader shift toward natural color alternatives despite ongoing reformulation hurdles. More information can be found here.
Nestlé USA Eliminates Artificial Colors Across U.S. Portfolio
June 15: Nestlé USA announced that it has removed all certified artificial colors from its U.S. food and beverage portfolio, fulfilling a commitment made in 2025 to eliminate remaining synthetic dyes through reformulation. The company highlighted successful transitions to natural color sources in products such as Nesquik and Nestlé Vitality beverages while maintaining product quality and taste. Nestlé’s move reflects a broader industry trend, with major manufacturers and retailers responding to evolving consumer preferences and growing pressure to reduce the use of synthetic food dyes. More information can be found here.
Federal Ultra-Processed Food Definition May Exempt Healthy Foods
June 17: The Trump administration is expected to create a federal definition of ultra-processed foods that would exempt products meeting the FDA’s “healthy” criteria and infant formula. The definition is likely to focus on certain food additives, emulsifiers, stabilizers, and artificial colors, and may spare foods with nutritional benefits such as some yogurts and whole-grain breads as being classified as ultra-processed. Intended primarily for government research rather than formal regulation, the definition could influence future nutrition policies, product reformulation efforts, and consumer perceptions of packaged foods.
Mars Debuts M&M’s Without Artificial Dyes
June 18: In response to growing consumer interest in cleaner ingredient formulations and pressure from the “Make America Healthy Again” movement, Mars is investing millions of dollars to develop M&M’s products made without artificial colors. Beginning in August 2026, Mars plans to introduce a dye-free version of M&M’s, but the initial product will not include the brand’s traditional blue and brown colors because those colors have been difficult to replicate with natural ingredients. The effort highlights the technical and cost challenges of replacing synthetic dyes with natural alternatives. More information can be found here.
California Replaces “Sell By” Labels with New Date-Labeling Standard
June 22: California’s new food date-labeling law takes effect July 1, 2026, making the state the first in the nation to require standardized food date labeling on packaged foods and ban consumer-facing “sell by” dates. Under Assembly Bill 660, terms such as “sell by,” “freshest by,” and “expires on” will be replaced with two uniform labels: “Best if Used By” to indicate product quality and “Use By” to indicate safety. Supporters say the change will reduce consumer confusion, curb unnecessary food waste, and keep edible food out of landfills. More information can be found here and here.
States Challenge California’s Packaging Requirements
June 22: Seventeen states, led by Nebraska and joined by the National Association of Wholesaler-Distributors, filed a federal lawsuit seeking to block California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act. The plaintiffs argue the law, which was passed in 2022, unlawfully imposes California’s packaging standards nationwide by requiring packaging to be recyclable or compostable by 2032 and by obligating producers to fund state-directed programs, including a $500 million annual payment. The lawsuit contends the requirements will increase costs for businesses, consumers, and state governments across the country. Nebraska was joined in the lawsuit by Florida, Alabama, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Norther Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.
Health Groups and Coffee Industry Clash Over Decaf Processing Chemical
June 29: The FDA is reviewing petitions to ban methylene chloride, a chemical used in some decaffeination processes. Health and consumer advocacy groups argue the FDA should ban the chemical under the Delaney Clause, citing concerns about potential cancer risks. Coffee industry groups contend that existing scientific evidence does not demonstrate a cancer risk from dietary exposure and warn that a ban could increase costs and reduce availability of decaffeinated coffee.
Lawsuits
Danone Sues Chobani Over Alleged Misleading Protein Claims
June 15: Danone US LLC, the maker of Oikos Pro yogurt, filed a federal lawsuit against Chobani LLC, alleging that Chobani’s “20G Protein” yogurt products overstate protein content by using serving sizes that do not comply with FDA serving-size requirements for multi-serving containers. Danone claims that, if calculated under FDA rules, the products would contain 18 grams rather than 20 grams of protein per serving. The lawsuit seeks injunctive relief, corrective advertising, and damages, and raises claims under federal and state false advertising and unfair competition laws. More information can be found here.
Class Action Challenges Chobani’s “20g Protein” Yogurt Labels
June 17: A proposed class action lawsuit filed in the U.S. District Court for the Southern District of New York alleges that Chobani LLC uses an oversized serving size on certain 32-ounce yogurt products to support a “20g protein” label claim, resulting in a higher stated protein content than would appear under FDA serving-size standards. The case follows a similar unfair competition lawsuit filed by competitor Danone (see above) and highlights ongoing scrutiny of food labeling practices and protein-content marketing claims. The complaint can be found here.
This Regulatory Update covers information from June 2026. Please contact Paul Benson, Taylor Fritsch, or Leah Ziemba for 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.