Change is coming to the food and beverage industry. State legislatures are considering (and passing!) laws that ban ingredients in packaged foods and that require new ingredient disclosures. The FDA is discussing these topics and taking some action (albeit not as much as the states are). How can brands stay compliant with new laws and regulations in this rapidly changing environment?
At CuliNEX, we provide clean-label and plant-based food formulation and reformulation. To answer some of the big questions about regulatory compliance, we spoke with Alli Condra, Of Counsel at Davis Wright Tremaine. Condra’s practice focuses primarily on food and beverage regulation, including food labeling and food safety matters, and advertising.
Join our free Webinar! The Science of Compliance: Reformulating Food Products for Regulatory Success on Aug 19, 2025 12:00 PM Central Time. Reformulating your food product isn’t just a recipe challenge—it’s a regulatory one. Join our expert panel for a deep dive into how food science, ingredient strategy, and regulatory compliance intersect to create successful reformulations that stand up to scrutiny.
Food Regulations, Past and Present
Product reformulation due to regulatory changes is not new for the food and beverage industry. Looking back at some of the big regulations that led to major reformulations, Condra mentioned the FDA’s 2015 trans-fat ban as well as the January 2025 ban of Red Dye No. 3 in foods. These regulations led (and will lead) brands to reevaluate their ingredients, their suppliers, revise their labels, and make some major R&D investments.
Today, a whole slate of new laws and regulations have begun to impact the industry. Condra identified Texas and Louisiana as two states that, in different ways, recently passed laws requiring some kind of disclosure on product packaging about the presence of certain ingredients. She also mentioned Arizona’s recent ban of ultra processed foods in public schools. Legislation in that state has defined ultra processed foods as any foods that contain one of 11 specific ingredients:
(1) potassium bromate, (2) propylparaben, (3) titanium dioxide, (4) brominated vegetable oil, (5) Yellow Dye No. 5, (6) Yellow Dye No. 6, (7) Blue Dye No. 1, (8) Blue Dye No. 2, (9) Green Dye No. 3, (10) Red Dye No. 3, and (11) Red Dye No. 40.
The enacted and proposed definitions of ultra processed foods are not consistent across the United States. The absence of a federal definition and a lack of consistent definitions at the state level likely contributed to the FDA’s recent publication of a request for information on the topic. Condra summarized FDA’s request as a set of questions primarily falling into two categories: “How should we define ultra processed foods?” and “What should be done about ultra processed foods?” Currently, FDA is at the request-for-information stage, but this information gathering may contribute to some potential future regulatory changes. “This request for information is intended, in part, for the FDA to become more informed about whether to take any action on ultra processed foods,” said Condra. At this stage, we cannot tell what that action might look like.
So how can your food and beverage company respond to regulatory change? Here are five ways to address today’s volatility.
1. Get the Facts
What can a food and beverage company do to navigate this volatility? The first step is to stay on top of the facts. “Right now we are getting a sense of the ingredients that are on the lists the state legislatures are proposing to ban or require disclosure for,” said Condra.
Condra advised brands to ask a series of questions, including whether there are any ingredients the brand uses that are on any of the proposed lists, whether any ingredients they currently use might conflict with newly enacted or proposed state regulations – and if so, to start coming up with a game plan to address the legal changes.
2. Know your Brand Values
Once your company understands which proposed laws may and which enacted do affect the brand’s products, Condra recommends taking some time to reflect on the brand identity and customer promises. “It's a worthy consideration to be clear on your company's values and what you stand for,” said Condra. Define your company values and the reasons that your products connect with consumers. Identify the messages that are vital to your brand, which ones aren't, and which ones may be at risk for conflicting with regulations and/or increase the risk of receiving a demand letter from a competitor or consumer plaintiff.
Condra said that clients sometimes want to include all kinds of messages on their labels even if those claims are not key to a product’s identity. Condra advises brands to stick to what is core. “Often clients will want to make a lot of claims,” said Condra. “Then, if I say something is high risk, they say, ‘We actually just included that because we thought it would be nice, but it's not core to our brand.’” In that case, it may be better simply not to include that claim on the label.
3. Get Help From Industry Partners
Trade and industry groups are essential allies for food and beverage companies when it comes to staying ahead of legislation and regulations, and even can help influence legal and regulatory changes. “Monitoring the messaging of and staying connected to trade and industry groups that can pass through the changes they are seeing happen” is a great way to keep up with what’s happening, advises Condra. “There's a lot of movement at the state level with proposed legislation and regulations, and a lot of discussions about what ‘should’ or ‘shouldn't’ happen,” said Condra. In this volatile time, trade and industry associations often provide webinars, white papers, and newsletters to help companies understand the proposed changes, understand how rules might apply to various businesses, and what other changes may be coming.
To help our clients and everyone in the food and beverage industry, CuliNEX has started a free monthly webinar series. We meet once a month and provide knowledgeable advice and thoughtful discussions about industry topics such as regulatory change. Our August, 2025 webinar, titled The Science of Compliance: Reformulating Food Products for Regulatory Success, meets on Aug 19, 2025 at 12:00 PM Central Time. Join our free Webinar!
4. Get Involved In Policy Making
If a newly proposed law or regulation may significantly impact a product’s formulation or labeling, companies are not limited to responsive action only. Food and beverage brands can get involved in policymaking activities ahead of these changes. “Companies might want to participate in legislation-making and other policy activities,” said Condra. Right now, many food manufacturers are waiting to see how today’s discussions turn into tomorrow’s laws and regulations. Once a law or regulation is passed and industry has the details, they can more easily identify how to adjust their products and packaging as needed. But other companies may want to be more proactive in the lawmaking process.
For example, if an industry member feels the proposed regulations may be changing significantly, that industry member could plug into trade groups’ activities and/or can do some coalition building and provide feedback on the proposals (being mindful of antitrust rules!). Or, for example, if proposed compliance dates are seen as too fast to effectively reformulate a product or change labeling, industry representatives can voice their needs and request a new timeline. “They may not ask for the law to change, but for the deadline to just be pushed forward,” said Condra.
5. Reformulate With CuliNEX
Sometimes, the most appropriate response to regulatory change is to roll up your sleeves and modify your product offerings. “That is one of the fun parts of being in the food and beverage business,” said Condra. “You get to decide. You can reformulate an existing product in a way that meets your standards and complies with the new legal requirements. Or you may ask, ‘Is it time to sunset one of those products and come up with something totally new?’”
Reformulation may seem daunting, but working with the team at CuliNEX can make the process smooth and efficient. After considering your brand’s values, customer promise, and the market demand, we can help you decide whether reformulation or expanding your product line is the best choice. We can help at any stage in the process, from early ideation through prototyping, testing, and full-scale production. The team at CuliNEX ensures that reformulated products comply with all regulatory requirements while maintaining quality and taste and the promises your brand makes to its customers.
Is your brand affected by new or upcoming regulations? CuliNEX can help you navigate the changes in the food and beverage industry. Contact us now.
