California Law Banning ‘Sell By’ Labels Takes EffectBy Andy HanacekFood Law, August 2026A new California law allows food processors to use only “Best if Used By” or “Use By” labels (or both), instead of "Sell By" labels, on products sold in the state, hoping to eliminate confusion and food waste.
A Final Dismissal in First Ultraprocessed Foods LawsuitBy Dave FusaroFood Law, August 2026A federal court in Pennsylvania delivered the apparent final victory to major food & beverage companies who were accused of creating ultraprocessed foods they knew would be addictive and would create health problems.
Flinn ReportFood Law, August 2026The Department of Agriculture adopted an emergency amendment to address safety concerns regarding animals entering Illinois from areas impacted by the New World Screwworm.
Importing Peruvian Food Products Into Illinois: Key Legal Checkpoints for U.S. CounselBy Dr. Alberto MirandaFood Law, August 2026When an importer, distributor, or Illinois lawyer evaluates bringing Peruvian food products into the U.S. market, the multi-layered legal analysis should begin long before the first shipment arrives. Pertinent questions include: Under what regulatory framework will the product enter, and which agency will govern it? Where will liability concentrate if the documentation, labeling, or foreign-supplier controls fall short?
Purdue Releases 2025 Large Commercial Producer Survey ResultsFood Law, August 2026The 2025 Large Commercial Producer Survey from Purdue University's Center for Food and Agricultural Business is now available. Conducted every five years, the study captures insights from more than 1,150 large U.S. farming operations, making it one of the industry's leading benchmarks for understanding commercial producers' business priorities, purchasing behavior, technology adoption, and growth plans.
Food Law in the States—2025 UpdateBy Emily StoneFood Law, June 2026Hot topics in 2025 state legislative sessions across the country included discussion and amendments on issues such as raw milk, cottage food, food additives, alternative proteins, and SNAP benefits.
Food Law’s 2025 “Top Ten”By Emily StoneFood Law, June 20262025 brought several food law issues to the forefront, including the MAHA movement, SNAP waivers, federal food ingredient oversight, alternative proteins, and more.
Selling U.S. Food Products in Peru: Key Legal Risks in Labeling, Distribution, and Trademark ProtectionBy Dr. Alberto MirandaFood Law, June 2026Peru is a meaningful market for U.S. food and agricultural exports, and the U.S. Department of Agriculture’s Foreign Agricultural Service (USDA/FAS) continues to describe Peru as a relevant destination for consumer-oriented products and processed food ingredients. But a U.S. company entering Peru should not assume that the regulatory path will resemble the U.S. model.
Agricultural Exceptionalism, Environmental Injustice, and U.S. Right To Farm LawsBy Danielle Diamond, Loka Ashwood, Allen Franco, Lindsay Kuehn, Aimee Imlay, & Crystal BoutwellFood Law, April 2026While the environmental justice movement has gained traction in the United States, the relationship between agri-food systems and environmental injustices in rural areas has yet to come into focus. United States agricultural exceptionalism and rural environmental justice can be examined through right-to-farm laws, demonstrating the justification for these statutes transfers power from rural communities to industrial agriculture by safeguarding agribusiness interests and certain types of production from lawsuits and liability.
Don’t Taste Your Hands: How Not To Invent a Blockbuster Sweetener Like Constantin FahlbergBy Adam SussmanFood Law, April 2026Saccharin is used to sweeten drinks, candies, baked goods, tobacco products, excipients, and as a masking agent in medicines. Since saccharin’s discovery by Fahlberg as the first artificial sweetener, additional sweeteners have been developed including aspartame, steviol glycoside, and sucralose.
U.S. FDA & USDA Food Regulation UpdatesBy Sandhya SashikumarFood Law, April 2026Regulatory changes from the FDA and USDA are reshaping how products are formulated, labeled, and marketed. Leveraging regulatory compliance software can help brands monitor and adapt to new food safety rules efficiently, avoiding costly recalls and protecting consumer trust.
Victory! Federal Court Orders Terminated USDA Farmer and Community Grants To Be ReinstatedFood Law, April 2026Major win: A preliminary injunction was granted in a lawsuit against the USDA, requiring the agency to restore wrongfully terminated grants and funding that support tree planning, growing food in underserved communities, training new farmers, and helping farmers adopt climate-friendly practices.
Farmers in New York Fight To Protect Soil as Solar ExpandsBy Jake ZajkowskiFood Law, February 2026Solar energy is often touted by environmentalists as a valuable tool in aiming for a greener future; however, farmers may experience significant negative impacts from the rapid expansion of solar energy. But for every farmer wary of panels, there’s another who sees them as a lifeline. And it is in that divide between farmer against farmer that solar energy has exposed agriculture’s fiercest new conflict: the battle within.
Importing Food Products Into the United StatesFood Law, February 2026Under provisions of the U.S. law contained in the U.S. Federal Food, Drug and Cosmetic Act, importers of food products intended for introduction into U.S. interstate commerce are responsible for ensuring that the products are safe, sanitary, and labeled according to U.S. requirements. Imported food products are subject to FDA inspection when offered for import at U.S. ports of entry.
Three 2026 Predictions for Food and Beverage Products From MintelBy Andy HanacekFood Law, February 2026Learn more about the predicted 2026 food trends that are expected to dominate the food industry this year: maxxing out and diversity in; retro rejuvenation; and intentionally sensory. Jenny Zegler, director of Food and Drink for Mintel, joins the podcast this time around to dig into the details of three predictions that Mintel has made for 2026 for the food and beverage industry.
Viewpoint: How Close Are We To Seeing “Influencers” Use AI To Fake AG Images?By Amanda ZaluckyjFood Law, February 2026With the progressive rise of AI, we’re starting to see the downside of artificial intelligence, and not just from pranks gone too far. We’ll soon be living in a world where the truth is even more convoluted, and we won’t be able to believe what we see with our eyes. Does our society have the critical thinking skills necessary to handle that?
Join Us at the ISBA & IJA Midyear Meeting—a Taste of What’s AheadBy Ted M. NiemannFood Law, December 2025The Joint Midyear Meeting, hosted by the Illinois State Bar Association and the Illinois Judges Association, is a can't-miss event, offering CLE programs on democracy preservation and the ethical use of AI; a Member Appreciation Reception featuring Glow Bingo and prizes; the Illinois Bar Foundation for the Champions Breakfast; the IJA/ISBA Joint Midyear Meeting Luncheon; and a Holiday Reception honoring the Supreme Court of Illinois. Register today!
Marcus Urann—From Lawyer to “Mr. Cranberry,” Founder of Ocean SprayBy Adam SussmanFood Law, December 2025Commencing in 1912, Mr. Urann transformed the cranberry market through innovation and entrepreneurship, creating a lasting business model that persists today in the popular brand Ocean Spray.
Patents and Trade Secrets in Food LawBy Adam SussmanFood Law, December 2025Ever been curious how Coca-Cola has persevered as a prominent brand for over 100 years? By understanding how trade secrets and patents serve competing interests and public policies, a company can optimize its intellectual property strategy and achieve an enforceable right to exclude while maintaining confidentiality of the details of its trade secret.
Voila! The Pop-Up Timer for Turkeys Saved the DayBy Adam SussmanIntellectual Property, December 2025You can thank Eugene Beals for the meat thermometer you used this Thanksgiving to ensure your turkey is cooked to perfection.
The Flinn ReportBy Elaine SpencerFood Law, October 2025The Department of Public Health has proposed various amendments to the Manufacturing, Processing, Packing or Holding of Food Code, relating to facilities, permits, and fees; and the Departmen of Agriculture has also proposed various amendments to the Cannabis Regulation and Tax Act, regarding plant monitoring systems and fees.
Jessica Culpepper: The Problem of Agricultural ExceptionalismBy Christine GrilloFood Law, October 2025The concept of "agricultural exceptionalism" could potentially stunt lasting policy change in the agriculture and farming industries. Jessica Culpepper, Executive Director of FarmSTAND, shares her insights into the issues facing reform.
New Law Will Open Markets and Processing Options for Illinois FarmersBy Liz Moran StelkFood Law, October 2025House Bill 2196 removes unnecessary barriers that have held back poultry producers, including increases in the number of birds processed per year on-farm, selling directly at farmers markets, and removal of 30-day ownership rule for consumers to process poultry and livestock for personal, family, or cultural use.
Voila! The Pop-Up Timer for Turkeys Saved the DayBy Adam SussmanFood Law, October 2025You can thank Eugene Beals for the meat thermometer you will use this Thanksgiving to ensure your turkey is cooked to perfection.
‘Bloated, Expensive, Unsustainable’ USDA Reorganizing, Shrinking Its Washington PresenceBy Dave FusaroFood Law, September 2025Calling USDA “a bloated, expensive and unsustainable organization,” Agriculture Secretary Brooke Rollins last week announced a reorganization of the Dept. of Agriculture, including moving many employees and functions out of the Washington, D.C., area.
Editor’s Plate: Make FDA Great (And Authoritative) AgainBy Dave FusaroFood Law, September 2025President Trump, Robert F. Kennedy Jr., and Marty Makary have taken their victory laps over the past two months as one food or beverage processor after another fell in line and agreed to remove petroleum-based colors. Now it's time for that holy trinity to return the favor and strong-arm the states into repealing laws that ban not just colors but, in some cases, 50 ingredients. Or pre-empt them.
The Time for Digitalization in Food & Beverage Is NowBy Andy HanacekFood Law, September 2025The food & beverage digital age is here, and for those processors who were waiting to see other processors swim successfully before jumping into the pool, now is the time to do more than just dip a toe in the shallow end.
Victory! Federal Court Orders Terminated USDA Farmer and Community Grants To Be ReinstatedFood Law, September 2025The United States District Court for the District of Columbia issued an order granting the restoration of six USDA grants for farmers and communities that support tree planting, growing food in underserved communities, training new farmers, and helping farmers adopt climate-friendly practices.
