AWG Regulatory Roundup — April 22, 2025
Subscribe here!
- HHS Announces Changes in Light of MAHA and DOGE
- Caffeine Warning Bill Reintroduced in Congress
- Texas Attorney General Investigates “Healthy” Food Labeling
- Louisiana Legislation Targets Food Dyes and “Ultra-Processed Foods”
- FTC Seeks Comments on Anti-Competitive Regulatory Barriers
- TTB Extends Comment Period for Alcohol Facts and Allergen Statements NPRs
- NAD Tells Tempur-Pedic to Temper its Disparaging Claims
- California Corner: CalRecycle Publishes Final Findings on SB 343
HHS Announces Changes in Light of MAHA and DOGE
On March 27, 2025, the Department of Health and Human Services (HHS) announced “a dramatic restructuring” to implement the Department of Government Efficiency’s workforce optimization initiative. HHS also published a fact sheet detailing the changes, including that its current 82,000 full-time employees will be reduced to 62,000. FDA’s workforce will be decreased by approximately 3,500 full-time employees, as part of a focus to streamline operations and centralize administrative functions. However, inspectors and drug, medical device, and food reviewers will not be impacted.
Caffeine Warning Bill Reintroduced in Congress
Representative Rob Menendez of New Jersey has reintroduced the Sarah Katz Caffeine Safety Act. If passed, the bill would amend the Federal Food, Drug, and Cosmetic Act to require safety warning labels on products offered at restaurants that contain 150 milligrams or more of caffeine. The bill also provides that a food or dietary supplement that contains more than 10 milligrams of caffeine is misbranded unless the label includes: 1) the number of milligrams of caffeine; 2) a statement of whether the caffeine is naturally occurring or an additive; and 3) an advisory statement indicating that the daily recommended limit of caffeine for healthy individuals is 400 milligrams (or such other limit FDA deems appropriate).
Texas Attorney General Investigates “Healthy” Food Labeling
Texas Attorney General Ken Paxton announced an investigation into WK Kellogg Co. for potentially violating the state’s consumer protection laws. AG Paxton is targeting Kellogg’s for its alleged “healthy” food labeling on products that contain petroleum-based artificial food colorings linked to disease and other health problems. The April 5, 2025 press release also notes the company has removed these ingredients from foods in other countries, but hasn’t done so in the U.S.
Louisiana Legislation Targets Food Dyes and “Ultra-Processed Foods”
Louisiana Senators introduced Senate Bill 14, which would require foods that contain food dyes and other chemicals to bare a warning, and prohibit schools receiving state funding from serving “ultra-processed foods,” defined as foods or beverages containing one or more specified ingredients, including certain food dyes, butylated hydroxytoluene (BHT), or titanium dioxide. It would also require food service establishments to include a disclaimer on menus or display signage disclosing the use of “seed oils,” as defined in the bill.
FTC Seeks Comments on Anti-Competitive Regulatory Barriers
In response to Executive Order 14267 regarding “Reducing Anti-competitive Regulatory Barriers,” on April 13, 2025, the FTC announced that it is seeking public comment on how it can improve its regulations to better support market efficiency. The request for information states that regulations that reduce competition, entrepreneurship, and innovation can hold back the economy and should be eliminated or modified and encourages public comment on how the FTC can achieve this objective.
TTB Extends Comment Period for Alcohol Facts and Allergen Statements NPRs
In January 2025, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published two notices of proposed rulemaking (NPR), one proposing an “Alcohol Facts” statement and the other proposing mandatory allergen labeling on alcoholic beverages. TTB has extended the comment period on these NPRs to August 18, 2025.
NAD Tells Tempur-Pedic to Temper its Disparaging Claims
In a recently published Fast-Track SWIFT Case Report, the BBB National Programs’ National Advertising Division (NAD) told Tempur-Pedic to discontinue several disparaging comparative ads targeting its competitor, Sleep Number. The ads included phrases such as Sleep Number beds “inflate like balloons” and that they are “basically air mattresses.” NAD found that while it is true Sleep Number beds inflate and deflate, they took issue with the tone, images used, and implications of the comparison. In particular, consumers reasonably understand “air mattress” to mean portable mattresses that are not used for regular sleeping needs, and as such, NAD determined the ads falsely and misleadingly implied that Sleep Number beds are of poor quality and are uncomfortable. This case further underscores the importance of considering potential implied claims in comparative ads, as comparisons that disparage competitors can still be misleading, even if truthful.
California Corner: CalRecycle Publishes Final Findings on SB 343
On April 4, 2025, the California Department of Resources Recycling and Recovery (CalRecyle) published the SB 343 Material Characterization Study Final Findings – 2023/2024 (DRRR-2025-1750), which presents the findings of a study to help companies determine whether a recyclable claim can be used on their products, as required by Senate Bill 343.
In an effort to prevent greenwashing, in 2021, the California legislature passed Senate Bill 343, which prohibits the use of the chasing arrows symbol or any other indication of recyclability on products and packaging unless certain criteria are met. These criteria include that local curbside recycling programs collect the material from at least 60% of Californians and that large volume transfer/processing facilities serve at least 60% of the local programs collecting a particular material. The law also directs CalRecycle to conduct a study and publish data on the types of materials recycled in California so those implicated by the law can evaluate whether their product is eligible to be labeled as “recyclable.” The final report specifies materials, where they can be recycled, and the rate of recycling.
The recyclability criteria and restrictions on claims will apply to products and package manufacturing after the enforcement date of October 4, 2026 (18 months after the final findings study report). Companies should not delay in reviewing the report and conducting an audit of all products using recyclability claims to confirm that their packaging meets the recyclability criteria.
