2025 Articles

2025 Food and Supplements Outlook: FDA Human Foods Program’s Last Acts Before the New Administration By Diane C. McEnroe, Emily Marden, Deeona R. Gaskin, & Kevin A. Sforza March 2025 This article contains short summaries of significant recent developments regarding FDA’s regulation of food and dietary supplements, including labeling issues and product safety considerations. The authors also include other recent developments: updates to the Coordinated Framework on biotechnology, increased public attention on UPFs, and a new interim process for Center for Veterinary Medicine (CVM) regulation of new animal food ingredients.

257 Food and Ag Groups Demand Transparency and Representation in Future MAHA Reports By Dave Fusaro July 2025 257 state and national associations with some relevance to food & beverage on June 17 sent a letter to Health & Human Services Secretary Robert F. Kennedy Jr. asking transparency from and representation in the development of future Make America Healthy Again reports.

7th Annual Bock Food Law and Policy Conference By Robert Anderson June 2025 Save the date for the 7th Annual Bock Food Law and Policy Conference on Friday, September 19, 2025, at the Southern Illinois University Simmons Law School!

7th Annual Bock Food Law and Policy Conference – Save the Date & Sponsorship Opportunities August 2025 We are happy to announce that the date for the 7th Annual Bock Food Law and Policy Conference has been set and that the Food Law Section Council, in cooperation with the Environmental Law Section Council, will be hosting an in-person event at the Southern Illinois University Simmons Law School.

7th Annual Bock Food Law and Policy Conference – Save the Date & Sponsorship Opportunities July 2025 We are happy to announce that the date for the 7th Annual Bock Food Law and Policy Conference has been set and that the Food Law Section Council, in cooperation with the Environmental Law Section Council, will be hosting an in-person event at the Southern Illinois University Simmons Law School.

7th Annual Bock Food Law and Policy Conference—Save the Date & Sponsorship Opportunities September 2025 Join the Food Law Section Council in Carbondale on September 19, 2025, for the 7th Annual Bock Food Law and Policy Conference!

Become an Illinois Bar Foundation Champion By Jessica R. Durkin December 2025 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?

‘Bloated, Expensive, Unsustainable’ USDA Reorganizing, Shrinking Its Washington Presence By Dave Fusaro September 2025 Calling 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.

Cell-Cultured Meat Updates: State Bans, Labeling Requirements, and Regulatory Clarifications By Emily Stone May 2025 Cell-cultured meat is a food product that is produced through the practice of growing livestock stem cells outside of an animal and harvesting the cells to make food. Over the past year, state legislators have passed legislation prohibiting the manufacture and sale of cell-cultured meat and enacted laws that create labeling requirements for such food products. Additionally, on the federal side, the EPA, FDA, and USDA recently published a joint regulatory plan for biotechnology that included plans for the regulation of cell-cultured meat.

Editorial: Generated AI’s Use in Farm and Food Content By Ryan Tipps February 2025 Artificial intelligence is justifiably being used in various sectors of the food and agricultural law industry, yet on the content side, we’re seeing more and more pressure to use generated AI information.

Editor’s Plate: Make FDA Great (And Authoritative) Again By Dave Fusaro September 2025 President 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.

Farmer’s Daughter: How a Federal Court Pushed Agriculture Biotech Back Decades By Amanda Zaluckyj January 2025 Early in December, the Northern California District Court vacated rules adopted in 2020 by the U.S. Department of Agriculture through its Animal and Plant Health Inspection Service. The lawsuit, brought by anti-bioengineering activists (pretending to be worried about family farms), reinstates a regulatory framework in place since 1986, while the technology was only in its infancy—and not yet even commercially available.

FDA To Revoke 52 Obsolete Standards of Identity for Food Products By Dave Fusaro August 2025 The FDA announced on July 16 that it is revoking or proposing to revoke 52 food standards of identity after concluding they are obsolete and unnecessary. The standards are for canned fruits and vegetables, dairy products, baked goods, macaroni products and other foods.

The Flinn Report By Elaine Spencer October 2025 The 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.

The Flinn Report July 2025 The Flinn Report is a weekly summary of regulatory actions of State agencies published in the Illinois Register and action taken by the Illinois General Assembly’s Joint Committee on Administrative Rules (JCAR). The Flinn Report honors founding JCAR member Representative Monroe Flinn, and is designed to inform and involve the public in changes taking place in agency administration.

The Flinn Report April 2025 The Flinn Report is a weekly summary of regulatory actions of State agencies published in the Illinois Register and action taken by the Illinois General Assembly’s Joint Committee on Administrative Rules (JCAR).

Flinn Report on May 16, 2025 June 2025 The Flinn Report, dated May 16, 2025, includes proposed and adopted rules that may be of interest to the Food Law Section.

Food and Beverage News and Trends By Stefanie Fogel, Maggie Craig, Sharon May, & Amy Pressman March 2025 FDA issues final guidance on lead in baby food; revises fifth edition of Q&A on food allergen labelling requirements; publishes final guidance on public health importance of non-listed food allergens; releases guidance on LMRTEs; warns industry about toxic mushrooms; and more.

Food for Thought: Intellectual Property Protection for Recipes and Food Designs By Kurt M. Saunders & Valerie Flugge January 2025 This article considers how intellectual property law has been applied to protect recipes and food designs, along with broader issues relating to how these rights may overlap and their implications for competition.

Free Trade Over Fear: Meat Industry Challenges Cultivated Meat Bans By Deniz Ataman August 2025 A short overview of meat industry groups that are speaking against state bans of cultivated meat.

How Bezos, Zuckerberg, Gates, and Musk Are Trying—Or Not Trying—to Make Meat Sustainable By Seth Millstein February 2025 Our food systems are in serious need of an overhaul. Over the last 60 years, per-capita meat consumption has roughly doubled, and is now at unsustainable levels. During that same period of time, the number of billionaires in the world has increased dramatically as well. This confluence of trends raises an important question: what, if anything, are the world’s billionaires doing to fix our food systems, and help us transition into a more climate-friendly way of eating?

ICE Raids Glenn Valley Foods in Omaha, Nebraska By Andy Hanacek July 2025 U.S. Immigration and Customs Enforcement (ICE) agents and federal law enforcement officers executed a federal search warrant and raided an Omaha, Neb., meat-processing plant the morning of June 10, according to numerous news reports.

Introducing the Food, Race, and Equity Initiative: Part I By Heliya Izadpanah April 2025 A UCLA Law Student describes her experiences with the Critical Race Studies program. "The Resnick Center has tried to incorporate discussions of diversity, equity, and inclusion into its offerings. It has featured an agroecology class, a food and social justice issues podcast series, lessons on food access, and a diverse global health collaborative," says the student. one of the few Food Law programs then existing in the nation.

Introducing the Food, Race, and Equity Initiative: Part II By Lavanya Sathyamurthy April 2025 "UCLA, home to the Resnick Center for Food Law and Policy and the Critical Race Studies Program, is the perfect place to start a movement focused on infusing issues of equity into food law curricula," according to a UCLA Law student. The Resnick Center for Food Law and Policy adopts a multi-faceted approach to legal research and scholarship, through courses, conferences, and academic collaboration.

ISBA 2025 Solo and Small Firm Conference Photos October 2025 The Illinois State Bar Association hosted the 2025 Solo and Small Firm Conference: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI on September 25–26 at the Embassy Suites in Naperville, IL.

Jessica Culpepper: The Problem of Agricultural Exceptionalism By Christine Grillo October 2025 The 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.

Join Us at the ISBA & IJA Midyear Meeting—a Taste of What’s Ahead By Ted M. Niemann December 2025 The 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!

Labeling Energy Drinks: Tackling a Monster of a Problem By Meredith P. Mulhern, J.D. & Michael S. Sinha, M.D., J.D., M.P.H. March 2025 Energy drinks are classified as dietary supplements, meaning they are not directly regulated by the FDA before hitting store shelves. Instead, energy drink labels follow the Dietary Supplement Health and Education Act (DSHEA) guidelines. Under DSHEA, energy drinks face lax labeling regulations, which leaves consumers unaware of the dangers of high caffeine contents, stimulative additives, proprietary blends, and excessive sugar. The authors discuss the dangers of energy drinks, the current regulatory framework and the problems it causes, why these problems should be corrected, and potential policy changes to fix those problems.

LAWPAC Needs You! February 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.

Marcus Urann—From Lawyer to “Mr. Cranberry,” Founder of Ocean Spray By Adam Sussman December 2025 Commencing 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.