Food & Chemicals Unpacked

Epizódok

• USA on Display: How "Made in America" Claims Are Regulated 29.05.2026 39p

  “Made in the USA”—or maybe just claiming to be “Born in the U.S.A.”— simple claim, complicated rules. Keller and Heckman Partner Rick Mann, Counsel Antonia Stamenova-Dancheva, and Associate Anushka Stein join the hosts to unpack the evolving legal landscape of the distinction between advertising claims and country-of-origin rules, as well as key federal and state requirements such as the FTC’s Made in USA Labeling Rule, the Buy America Act, and California’s stricter standard. The group also breaks down the latest executive order and what it signals for enforcement, examines trends in FTC activity and rising class action litigation, and shares practical steps companies can take now.
• Green Claims Games: A Challenge to California's SB 343 27.04.2026 35p

  Recyclable — or is it? California's SB 343 "Truth in Recycling Law" is facing a major constitutional challenge, and the implications for companies making sustainability claims are significant. Keller and Heckman Partners Sheila Millar and Ro Sabnis join our hosts to break down the legal theories behind the lawsuit, what the timeline means for companies facing a manufacturing deadline, and how this case fits into the growing patchwork of state sustainability labeling laws.
• Back in the PPWR: Revisiting the EU Framework for Packaging Sustainability 01.04.2026 25p

  You don't know how lucky you are! Keller and Heckman Partner Hazel O’Keeffe returns to the podcast to provide the latest updates on the EU Packaging and Packaging Waste Regulation (PPWR).With August 2026 compliance deadlines on the horizon, businesses across the supply chain are scrambling to get ready for the PPWR, but significant uncertainty remains. From PFAS restrictions and recycled content requirements to ambiguous definitions and the still awaited draft European Commission guidance/FAQ, the road to compliance is anything but straightforward under the PPWR. Tune in to hear how companies are preparing, the issues they are struggling with most, and what you need to be watching.
• Year in Review: Fare Thee Well 2025 03.02.2026 24p

  What a long, strange trip it’s been for the industry this last year. In this episode, hosts Mark and Katie take a high-level look at the regulatory shifts that have shaped food and packaging in the last year, from FDA leadership changes and evolving approaches to food additives, GRAS, and ultra-processed foods, to rising state-level action on EPR, PFAS, and color additives. We also cover major global developments, including the EU’s new Packaging and Packaging Waste Regulation and key updates to China’s food contact standards. Join us as we take a Grateful look back on the milestones of a transformative year and what Weir looking out for on the horizon.
• Packaging as a Consumer Product - When It's Not Just What's Inside That Counts 23.12.2025 41p

  In this episode, Partner Sheila Millar, Counsel Antonia Stamenova-Dancheva, and Associate Anushka Stein join our hosts to break down the complex world of packaging regulations for consumer products. From identifying which types of packaging fall under federal scrutiny to preparing for major upcoming changes like CPSC eFiling in 2026, we dive into essentials for producers and importers.We explore the specific laws that govern safety, including the Consumer Product Safety Improvement Act (CPSIA) and the Poison Prevention Packaging Act (PPPA), and analyze real-world recall examples involving physical hazards, lead limits, and child-resistant closures.
• Ultra-Processed Foods (UPF): What Are We Even Talking About? 29.10.2025 28p

  In this episode of Food & Chemicals Unpacked, we’re joined by Dave Fusaro, Editor in Chief of Food Processing magazine, to unpack the growing debate over ultra-processed foods (UPFs). We discuss Mark Thompson's article, "Ultraprocessed Foods: What Are We Even Talking About?" along with recent regulatory and legislative developments, including the FDA’s request for information on UPFs, state-level actions such as California’s AB 1264, and ongoing efforts to define what “ultra-processed” really means.
• EPR You Keeping Up with Extended Producer Responsibility? 27.08.2025 27p

  In this episode of Food and Chemicals Unpacked, we revisit Extended Producer Responsibility (EPR) for packaging, now rapidly advancing with deadlines approaching. Keller and Heckman Partner Rachel Bond returns to share updates on state implementation, reporting requirements, a legal challenge, and the latest legislative developments, including new study bills and growing momentum across the U.S.
• Color Me Bad: The Push to Remove Color Additives from Food 10.06.2025 37p

  In this episode, Keller & Heckman LLP Partner Eve Pelonis joins us to dive deep into the colorful world of color additives for food, drugs, and cosmetics, clearing up common misconceptions. We touch on important issues, including whether the GRAS exemption is applicable to color additives, and the recent attention on synthetic color additives by Secretary Robert F. Kennedy Jr. and the new administration's push for natural alternatives.
• FDA Can’t Stop, Won’t Stop – Navigating the New Administration 01.04.2025 23p

  In this episode of Food & Chemicals Unpacked, we dive into the current adjustments experienced at the U.S. Food and Drug Administration (FDA) so far under the Trump administration. Keller and Heckman Partner George Misko joins us to discuss the future of food safety regulations, including the downsizing of HHS under Secretary Robert F. Kennedy Jr., potential changes to the GRAS process, and FDA’s ongoing post-market review program. We also discuss Keller and Heckman’s Paper Packaging Law Seminar coming up in May 2025.
• Making-Up for Lost Time: FDA’s Increased Oversight of Cosmetics 25.02.2025 38p

  In this episode of Food & Chemicals Unpacked, we are joined by guest speakers, Partners Cynthia Lieberman and Rick Stearns, who dive into the recent evolution of FDA's cosmetics regulations. They explore the Modernization of Cosmetics Regulation Act (MOCRA), including new requirements relating to adverse event reporting, Good Manufacturing Practices, and other topics. The discussion also provides insights on how cosmetics and personal care product manufacturers and their suppliers can ensure that finished products (makeup, soaps, sunscreen, shampoo, etc.) maintain compliance with MOCRA and other current legal obligations in the United States.
• Let's Pack It Up – 2024 Packaging Year in Review 03.01.2025 31p

  In this episode, we reflect on key legal, scientific, and industry developments from 2024 that impact packaging and some insights on what to expect and prepare for in the upcoming year across the food and chemical industry.
• Trash Talk: The EU's Packaging and Packaging Waste Regulation (PPWR) 01.10.2024 29p

  This episode of Food & Chemicals Unpacked explores the Packaging and Packaging Waste Regulation (PPWR) currently being advanced in the European Union (EU). Keller and Heckman Partner Hazel O’Keeffe joins us to provide an overview of the proposed regulation, covering its main objectives and potential impacts on food packaging, cosmetics, and other consumer products. This talk addresses topics such as recyclability, “substances of concern”, packaging minimization targets, and the PPWR’s interplay with the Single Use Plastics Directive (SUPD). Hazel also shares some valuable insights on the steps companies can take to stay ahead of these compliance and sustainability challenges.
• Economic Adulteration: Secrets in the Sauce 02.08.2024 38p

  In this episode, we cover "economic adulteration," which is intentionally changing a food product's composition for an economic motive (e.g., removing or substituting a valuable ingredient or part of a food). This is often referred to as “food fraud." Keller and Heckman Partner Tony Pavel joins us to provide an overview of the history of economic adulteration in the U.S. and more globally, and how this phenomenon has contributed to the evolution of food safety laws. We cover a few different examples of economically adulterated food products, which shed light on the ongoing challenges that regulators, food safety experts, and supply chain managers face in addressing this issue. We also discuss what companies should be doing to mitigate risk.
• Much Ado About TiO2 06.05.2024 28p

  This episode provides an update on recent activity involving the use of food additive titanium dioxide (TiO2). It includes a brief background on the use of TiO2 followed by the recent inquiries into the safety of TiO2 in France and Europe, and a recent statement by FDA confirming the safety of the food additive. Dr. Ivan Boyer, a staff toxicologist at Keller and Heckman, shares his insights on the scientific data and the deficiencies in the EFSA assessment that underpinned the recent European ban on TiO2 as a food additive.
• Prop Bets: Weighing the Stakes with Proposition 65 10.11.2023 26p

  This episode explores California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Partner Sophie Castillo, an attorney from Keller and Heckman’s California Proposition 65 and Litigation practices, shares her insights on complying with Proposition 65. Sophie provides background on the law, the significance of a Proposition 65 warning, preemption and other legal challenges, as well as Office of Environmental Health Hazard Assessments (OEHHA) and bounty hunter activity. Additionally, the episode dives into trends in the chemicals and product categories targeted by bounty hunters.
• The Notorious NAD: Challenge Accepted? 08.09.2023 41p

  The 8th episode of Food & Chemicals Unpacked dives into the inner workings of the National Advertising Division (NAD), the advertising industry’s self-regulatory mini court. Keller and Heckman attorneys Katie Bond and Samuel (Sam) Butler, both from our Advertising and Promotion practice, join us to provide an overview of all things NAD. We cover its origin, the structure of NAD proceedings, the interaction between the NAD and the Federal Trade Commission (FTC), what types of companies participate in NAD challenges, the appeals process, and more. The episode highlights the findings of a new analysis by Katie and Sam on changing outcomes at the NAD over the past few decades.
• Pit Stop at Chevron: Will We See a Difference in Deference? 13.06.2023 38p

  In this episode, we take a more traditional legal focus as we discuss potential changes to a cornerstone of federal administrative law, called Chevron Deference. This standard has long governed how much deference federal courts give to decisions made by agencies, such as FDA and EPA. It is based on a 1984 case, Chevron v. National Resources Defense Council, that the Supreme Court recently agreed to reconsider in an upcoming case this fall. Keller and Heckman Partners Eric Gotting and David Joy join us to discuss potential implications for FDA and other agencies if the Supreme Court decides to vacate the Chevron decision or limits is application, as well as legislative developments such as the Food and Drug Omnibus Reform Act of 2022. They use recent federal court decisions in Genus Medical Technologies LLC. v. U.S. FDA and Catalyst Pharmaceuticals, Inc. v. Becerra to illustrate how Chevron Deference works and what changes may be in store for FDA and the regulated community.
• Laying Claim: FTC’s Green Guides 30.03.2023 39p

  This episode offers a roundtable discussion on the regulatory landscape surrounding “green claims” in the United States with Keller and Heckman partners Sheila Millar and JC Walker. This detailed conversation touches on numerous advertising claims of interest to brand owners that are currently under consideration by the Federal Trade Commission (FTC) in an effort to update its “Green Guides.” The FTC is currently accepting comments on key claims addressed in the Guides (e.g., “recyclable,” “recycled content,” “degradable,” “compostable,” and “carbon offset”), which are commonly leveraged by consumer brands. Sheila and JC also address the impacts that evolving state legislation and court rulings have on the use of green claims within the market.
• Extended Producer Responsibility: EPR You Ready? 01.02.2023 24p

  The topic of this episode is Extended Producer Responsibility (EPR) programs for packaging materials, which have begun to proliferate in the U.S. Four states have now implemented EPR programs, others have proposed legislation, and more states are expected to follow suit in the years to come. Keller and Heckman Partner Rachel Bond joins our hosts to discuss EPR and related sustainability issues. Rachel provides insight into regulations, requirements, and exemptions in place for current EPR programs. Associate Caleb Holland also reports on EPR legislation, both at the federal and state level.
• Blowing Smoke: FDA’s Evolving Regulation of Tobacco and Nicotine Products 25.10.2022 42p

  This episode details the regulatory landscape for tobacco products and reports on current trends in the industry. Our team shares its knowledge of the process for obtaining authorization to market new tobacco products in the U.S. We also provide the inside scoop on industry-shaping litigation that Keller and Heckman has led. Finally, the episode discusses recent changes at FDA’s Center for Tobacco Products and how the changes might impact industry.