Category:Food and Drug Law
Trump’s MAHA Commission: What to Expect
President Trump’s return to the White House has sparked a lot of controversy as he takes extensive executive action and appoints contentious figures to his cabinet. At the top of the list of most controversial is arguably the newly confirmed Secretary of Human Health and Services, Robert Kennedy Jr., because of his skepticism towards vaccines and pharmaceutical drugs like Selective Serotonin Reuptake Inhibitors (SSRIs), used to treat various mental disorders. Despite criticisms, Kennedy gained a large following during his 2024 presidential campaign, where he founded the Make America Healthy Again movement and advocated for public health policies that make American food healthier and end the chronic disease epidemic in this country. Aligned with these initiatives, President Trump has taken extensive action in the first sixty days of his second term to reform public health policy. Among these changes is the newly created Make America Healthy Again Commission, which is chaired by Secretary Kennedy and consists of other cabinet and high-ranking executive officials. The Commission is initially tasked with addressing the childhood chronic disease crisis, specifically targeting nutrition, prescription drug misuse, and government transparency related to ethics and public trust.
Investigation into the Rise of Bird Flu in Dairy Farms and the Role of Regulatory Compliance
The recent emergence of highly pathogenic avian influenza (H5N1), commonly known as bird flu, in U.S. dairy farms has raised significant public health and regulatory concerns. While traditionally associated with poultry, the virus’s spread to dairy cattle has prompted urgent investigations into transmission patterns, biosecurity measures, and regulatory compliance. As federal and state agencies respond to this development, businesses must navigate evolving compliance requirements to ensure public safety and maintain industry stability.
The Stained Story of Red Dye No. 3
In January 2025, the U.S. Food and Drug Administration (FDA) announced a ban on the use of Red Dye No. 3 (erythrosine) in food and ingested drugs. The main concern regarding the dye is that it is a potential carcinogen; studies from the 1980s found laboratory rats which were fed Erythrosine developed thyroid cancer. According to the Environmental Working Group, there are approximately 2,900 food products currently in the market that contain the dye, such as cherry sodas, candies, and frosting (not to mention medicines and supplements). While the ban is a step in the right direction, it is far overdue and leaves questions about what should be done about other artificial dyes that remain in the market.
Glass Skin Meets Red Tape: How Korean Beauty Navigates FDA Rules
Among the trends of self-care lies skincare. As self-care has increased in popularity over the last few years, skincare has become increasingly trendy. In 2022, there was a boost in skincare sales with products such as anti-aging products and moisturizers. In the skincare industry, there are known and established brands, but what has recently emerged through popularity on social media and TikTok is Korean beauty (“K-beauty”) products. K-beauty products help consumers achieve “glass skin,” which is clear, poreless, and shiny skin that looks like glass by using specific K-beauty products. In the states, sunscreen is a staple K-beauty product that has emerged.
From Lab to Table: The Future of Regulating Lab-Grown Meat
Human organs grown in labs, lab-grown diamonds, lab-grown plants, and now lab-grown meat. Companies like Upside Foods and GOOD Meat are growing meat from animal cells. Companies have developed a cell line to produce high-quality meat, grow and feed the cells with a “blend of nutrients,” and in two to three weeks, meat is ready to be cultivated and molded into the shape of meat, like a chicken filet. Now, lab-grown meat is commercialized and has been approved by the Agriculture Department for production and sale. Although it could be a few years until lab-produced meat is in grocery stores, regulations need to be approved and put into place just like slaughterhouse meat.
Caffeine Can Cause a Scene: Why the FDA Should Require Disclosure of Caffeine Content
On May 7, 2024, Panera Bread removed its popular line of ‘charged’ lemonade beverages from its menu following multiple lawsuits alleging that the caffeine content of the drink led to death or serious health problems of customers. One such death occurred in September 2022 when a 21-year-old woman unknowingly consumed 390 milligrams of caffeine in one charged lemonade drink which aggravated her heart condition and led to cardiac arrest. These lawsuits highlight the dangerous reality of caffeine consumption which likely could have been avoided if Panera Bread had clearly displayed the caffeine content of its drinks. However, Panera Bread was under no regulatory obligation to display the caffeine content due to a major gap in the current beverage labeling regulation from the Food and Drug Administration (FDA) which does not require any disclosure of caffeine quantity. This regulatory gap poses a growing risk to consumers as new energy drink brands continue to enter the market and push competition by increasing the amount of caffeine packed into each product. In order to fulfill its obligation to public safety, the FDA must introduce regulations to standardize the disclosure of caffeine content to allow consumers to make informed decisions about the products they are choosing.
What a Lack of Regulatory Structures Means for Food in Prisons
There is practically no regulation of prison food, making access to fresh produce and adequate nutrition a central crisis in prisons. While the dreadful nature of prison food is no secret, the structures that enable such undesirable conditions tend to be overlooked in mainstream discourse. Prison reforms have a long history of substantial difficulty in garnering popular support. Though food is one of the most protected prisoner rights to date, there is growing concern from prisoners’ rights organizations and experts on what lack of food regulations in prisons means for the ever-growing incarcerated population.
Clean Beauty: Navigating Regulatory Challenges in the Cosmetics Industry
“Clean Girl” makeup went viral on TikTok in 2024 following the usual pattern of micro trends. Along with the clean girl hashtag trending, social media influencers are making money off marketing products that allegedly create the “clean girl” look. Although influencers may be promoting little foundation, natural colors, and slick styles when marketing the clean look, the clean beauty market has grown significantly as consumers become more conscious of ingredient safety and environmental impact. This trend focuses on products free from potentially harmful ingredients, often marketed as natural, organic, or eco-friendly. The current regulatory scheme for clean and natural beauty fails to capture the goals of clean beauty.
A Fresh Perspective: How FSMA Compliance is Revolutionizing Large Food Distribution Corporations
As the world becomes increasingly concerned with food safety, large food distribution corporations find themselves grappling with a novel challenge: the Food Safety Modernization Act (FSMA). Mandated by the FDA, the FSMA aims to prevent foodborne illnesses through stringent regulations, thus compelling food corporations to adapt or face penalties. This writing will delve deeper into how the FSMA will reshape the food distribution landscape by influencing operational strategies, implementing accountability measures, and fostering an environment ripe for innovation.
FDA Oops: Two Orphan Drugs Approved for Same Disease or Condition
An orphan drug treats a rare disease or condition that occurs so infrequently in the United States that there is no reasonable expectation that the cost of making the drug will ever be recovered by the manufacturer. The Orphan Drug Act of 1983 incentivizes pharmaceutical manufacturers to investigate and develop drugs for rare diseases with a low probability of profitability. Orphan drugs have been approved and used to treat various cancers, Huntington’s disease, Fragile X syndrome, pulmonary fibrosis, myelomas, carcinomas, and other rare and unfortunate ailments that impact people’s lives. According to the National Organization for Rare Disorders, the number of approved drugs for treating rare diseases soared from 38 drugs before the act to 6,583 orphan-drug designations by the Food & Drug Administration (FDA) today. Undoubtedly, the Orphan Drug Act has had a positive impact on both patients suffering from rare conditions and the manufacturers that utilized the law.