TARIFFS
Country Awaits Supreme Court Decision
Proposed Tariffs Move from Economic to Foreign Policy
United States tariff policy remains unsettled. The country is still waiting for the Supreme Court's decision on the legality of tariffs imposed under the International Emergency Economic Powers Act (IEEPA). These tariffs, which were first imposed in Feb. 2025, are estimated to have generated revenue of between $180 billion and $200 billion dollars. ...Lawsuits are already poised to argue for refunds from the government if the tariffs are declared illegal.
Meanwhile, this month President Trump has threatened any country trading with Iran with 25% tariffs. The countries potentially involved include China, India, Turkey, Iraq, and Brazil.
LICENSING OPPORTUNITIES
Happy 250th America!
Patriotic Packaging Ahead
2026 marks the Semiquincentennial of the signing of the Declaration of Independence. The America250 commission has released a national programming playbook to encourage participation. All Trademarks of A250 are restricted without consent of the commission. To use the official America250 trademark a company must apply for a formal license with the America250 Commission via Global Icons LLC.
The World Cup is Coming to a City Near You
Matches Kick Into Action Throughout North America
For the first time, three countries will share host duties as the FIFA World Cup matches take place in the United States, Mexico, and Canada from June 11-July 19. The official slogan is "We are 26." Contests will be held in multiple American cities including Atlanta, Boston, Dallas, Houston, Kansas City, Los Angeles, Miami, New York/New Jersey, Philadelphia, San Francisco and Seattle.
The tournament includes 48 teams who will play a total of 104 games which start in Canada and Mexico before moving forward to the United States. The final match will be held at MetLife Stadium in New Jersey on July 19. Intellectual property guidelines are available as well as an online applications for use of images and slogans.
FOOD AND DRUG ADMINISTRATION
Got Milk?
New Items on the Menu with Passage of Federal Guidelines
Whole Milk for Healthy Kids Act took effect this month allowing schools to deviate from previous dietary guidelines that only permitted reduced-fat milk products in schools. This law allows schools to offer whole milk in addition to the lower fat options previously required. Lactose-free and non-dairy options are also now permitted as well as flavored milk. All milks must meet nutritional guidelines and not exceed a level for added sugars set by the Secretary of Health.
The law also mandates that food service personnel be trained to recognize, respond to, and prevent food-related allergic reactions.
Eat this, Not That!
Americans See Food Pyramid Flipped
The new Dietary Guidelines for Americans, 2025-2030, have been announced by the HHS Secretary Robert F. Kennedy, Jr., and the U.S. Department of Agriculture Secretary, Brooke Rollins. The guidelines reset federal nutrition policy and encourage American consumers to eat real food. The guidelines prioritize whole foods and nutrient-dense items prioritizing protein, dairy, vegetables, fruits, and healthy ...fats as well as whole grains. It also continues the administration's efforts to discourage the consumption of highly processed foods.
The new model is being called the inverted pyramid because it flips the previous food guidance upside-down. Previously, Americans were encouraged to eat more grains followed by fruits and vegetables then lesser amounts of dairy and protein followed by fats, oils and sweets.
The new inverted pyramid encourages vegetables, fruits, protein, dairy and healthy fats to be the basis of the American diet with smaller amounts of whole grains. Limiting processed foods, added sugars, and refined carbohydrates is also recommended.
Changes to GLP-1 Forms and Labels
FDA Approves Pill form of Wegovy
Another GLP-1 RA medication is now FDA approved in pill form. Novo Nordisk has received approval for a once daily Wegovy pill to replace the injectable form of the medication. Rybelsus previously had been the only GLP-1 med available in pill form but Rybelsus is considered less potent than Wegovy.
These semaglutide medications were initially designed to support patients with diabetes but are now widely used to assist with weight loss. The pill is only available with a doctor's prescription and offers several advantages ...over the injectable form. The pill does not need refrigeration and will be less expensive to produce. It is expected to cost approximately $25 per month for those with insurance and between $150-300 per month for those without coverage.
Trials of the pill show similar results and side effects to the injectable form, although experts say the side effects may be more frequent and less intense when the medication is taken daily rather than weekly.
On January 13, the FDA requested that manufacturers of this and other GLP-1 medications remove suicide warnings from the labels. A review found no increased risk of suicidal behavior associated with using GLP-1 RA medications including Saxenda, Wegovy, and Zepbound.
Once is Enough
No Need to Clutter Supplement Labels with Multiple Disclaimers
The FDA has announced its plans to amend supplement disclaimer rules. Currently, FDA regulations require that health claims on supplements must be followed by what is known as the DSHEA disclaimer:
“This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”
The rule states that the DSHEA disclaimer must appear on every panel of the product. Following requests from the industry to clarify the rule, the FDA published a letter on December 11. In the letter, the FDA says it expects to revise this regulation and, until then, does not plan to enforce the need to have the DSHEA disclaimer on every panel of the product. The disclaimer is still required to appear on the products.
Alphabet Soup: EPA and EWG Battle Over PFAS
New Pesticide Chemicals Debated
In November, the Environmental Protection Agency (EPA) announced the approval of two active ingredients for use in pesticides: isocycloseram and cyclobutrifluram. The Environmental Working Group (EWG), an environmental advocacy group, opposed the move claiming these chemicals are PFAS or “forever chemicals” posing a long-term risk to human health and the environment.
The EPA fought back issuing a press release saying these claims are false. The EPA letter states that these chemicals do not meet Biden era standards for PFAS and are safer than older alternatives. The EWG responsed saying that the standard used by the government does not rise to current scientific definitions produced by newer research.
FDA Pesticide Report Dashboard
New Data Tool for the Public
A new Pesticide Report Data Dashboard is available on the FDA’s website. It provides the public with data and summaries of the findings from FDA testing of human and animal foods. Of the 3,577 samples, 97.2 percent of domestic samples and 86.5 percent of imported foods were deemed compliant with federal regulations.
Fast Pass for Importers
Voluntary Qualified Importer Program Portal Open for 2027
The FDA’s application portal for importers is open. The Voluntary Qualified Importer Program (VQIP) is a voluntary program that provides importers who meet supply chain safety standards a path to expedite the review of their food products coming into the U.S. This application portal will remain open until Sept. 1.
U.S. DEPARTMENT OF AGRICULTURE
Stores Face Messy Patchwork of 2026 State SNAP Rules
USDA Gives 90 Grace Periods in New Compliance Regulations
The USDA is rolling out waivers to allow states to restrict which products are allowed to be purchased as part of the Supplemental Nutrition Assistance Program (SNAP). The program is administered by the USDA but managed by the states, some of which have sought authority to bar unhealthy foods from being purchased with SNAP benefits.
Eighteen states have requested waivers allowing them to enact restrictions. The USDA issued detailed compliance requirements on December 30, 2025. The FMI argues the process is too complex with ...states having different restrictions as well as different implementation dates. They are urging the states and the USDA to develop materials to reduce confusion.
Retailers will have 90 days to comply with a state's new SNAP rules once they take effect before facing disciplinary action which could result in the removal of their ability to accept SNAP payments.
STATESIDE NEWS
Expiration Dates Set to Expire in California
After July It’s Only ‘Best By’
In an attempt to curb food waste, California lawmakers are striking expiration dates from most foods. The law aims to standardize food date information to provide clarity for consumers as well as preventing the disposal of food that is still safe to eat. In its place, labels will have “use or freeze by” or “best by” dates. Eggs and Infant formula are two notable exceptions to the new rule.
Is This the Last Straw?
Florida Moves to Ban Paper Straws Made With ‘Forever Chemicals’
Florida Lawmakers moved in December to ban paper straws saying most contain harmful PFAS chemicals linked to health issues. Plastic straws are not banned statewide, but individual cities and counties have enacted their own restrictions or “straws upon request” measures. Those rules grew out of environmental concerns but this latest effort focuses on potential health risks.
State Bill 958 and House Bill 865 would require that straws meet scientific standards. The effort encourages truly sustainable or reusable alternatives and would establish science-based standards for all drinking straws.
Is It Legal to Make Texas Healthy Again?
Lawmakers Draft Label Rules Despite Incoming Lawsuits
The Make Texas Healthy Again Act heads to court as four food and beverage trade associations have challenged its legality. The litigation takes aim at the requirement that foods containing any of 44 specified ingredients carry a warning label stating that the item contains “an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom.” This law is in effect and applies to any food label developed after January 1, 2027.
The trade associations, which include the American Beverage Association, Consumer Brands Association, National Confectioners Association, and Food Marketplace, Inc, allege the warning ...requirement is preempted by federal law including the Commerce Clause and the First and Fourteenth Amendments. The plaintiffs have moved for a preliminary injunction. Motions on which will be considered in late February.
Prior to the lawsuit, Texas lawmakers began rulemaking for implementing this label requirement. Lawmakers seek to add that the warning label will be required on any food for humans sold in Texas regardless of where it is made and that the term “food manufacturers” includes private label brand owners.
The proposed rule also clarifies how products may comply which include legible statements on the manufacturer’s or retailer's website. The comment period on this proposed rule is now closed and comments are being considered.
More States Drop Grocery Taxes
Trend Offers Little Price Relief
Two more states ended taxes on groceries. Arkansas and Illinois repealed their taxes on groceries in an effort to help consumers face the tide of rising prices. Those tax levies were relatively small, approximately 1% or less. Many municipalities have enacted a local tax to collect that same amount which means consumers may not see any relief depending on where they live within each state.
Last year, Kansas finalized its multiyear phaseout of grocery taxes while Mississippi and Alabama have made reductions in theirs. Lawmakers in Virginia are also considering eliminating their 1% grocery tax. In 2024, Oklahoma eliminated it’s 4.5% grocery tax. Other states including Idaho, Utah, Hawaii and Ohio offer tax credits to low-income residents to off-set grocery costs. Other states including New Hampshire, Oregon, Delaware, and Montana have no state tax on groceries.
POLICIES WE ARE WATCHING
At the time of publication, the following items have not been updated. For more information please check previous editions of Policy Watch.
PLMA continues to monitor these topics:
• Front of Package Labeling
• Extended Producer Responsibility Laws
• Americans For Ingredient Transparency (AFIT)
• Court cases:
Mondelez vs Aldi
J.M. Smucker Company vs Trader Joes Company
Lulu Lemon Athletica Canada Inc v Costco Wholesale Corp.
Have feedback or policy you would like us to write about?
Please email our editor, Maureen Donoghue at MDonoghue@PLMA.com
Editor: Maureen Donoghue
MDonoghue@plma.com