1. Redefining ‘Healthy.’ With the change of administration and the new leader of the Department of Health and Human Services (HHS), the FDA and the other agencies within the HHS will likely undergo significant changes. The incoming HHS head will likely place a high priority on alternatives to traditional medicines and organic and healthy foods. In December 2024, the FDA released a Final Rule revising current definitions of “healthy”, when it comes to food and ingredients. The new definition stipulates that a food or ingredient must come from a specific food group and meet certain standards for sodium, sugar, and saturated fat. Water, coffee and tea without any added ingredients can be considered “healthy”, which was not possible before due to the old criteria.
2. Liquor Licensing & Distribution Regulations. The United States will continue to work towards modernizing liquor license laws in 2025. This process has in many ways been ongoing for almost 100 years since the end Prohibition. The outdated laws were not prepared for the emergence of social media influencers, celebrity-endorsed alcohol products and their interaction with “tied house laws”, which prevent manufacturers and retailers from being influenced by each other. State liquor authorities are listening to and responding to complaints about the licensing process being too difficult. However, community groups and legislators in the state have not provided the tools necessary to improve the experience for prospective retailers.
3. Getting through the Ninth Circuit Class Action Confusion. In 2024 the Ninth Circuit released several contradictory decisions that would impact class actions involving packaged products in 2025. First, the question is how a consumer can resolve ambiguous advertisements by examining the back panel on product packaging. In 2023 the Ninth Circuit held when a “front label is ambiguous that the ambiguity may be resolved through reference to the rear label.” McGinity v. Procter & Gamble Co. 69 F.4th. 1093 (9th Circuit. 2023). This year, another panel of the Ninth Circuit narrowed the definition of ambiguous McGinity: “a label on the front is ambiguous when reasonable consumers require additional information to be able to reasonably conclude that it makes a specific claim.” Whiteside V. Kimberly Clark Corp. 108 F.4th 777 (9th Cir. 2024). The Ninth Circuit allowed private plaintiffs the right to enforce the Food, Drug, and Cosmetic Act against food and eliminated the traditional implied preemption. In Davidson v. Sprout Foods, Inc.,a court panel held that consumer plaintiffs weren’t preempted by California’s Sherman Law from pursuing technical FDCA violations. 106 F.4th 842 (9th Cir. 2024). This decision appears to be at odds with Nexus Pharms., Inc. v. Central Admixture Pharmacy Servs., Inc., where it was held that a defendant cannot use the Sherman Law in order to avoid FDCA implicit preemption. 48 F.4th 1040 (9th Cir. 2022).
4. Supply Chain and EPR. The Trump administration intends to impose additional tariffs on food and beverage imports into the United States. Tariffs on Chinese products from the first Trump Administration are still in effect and could increase by 10%. The President has said that he would impose a 25% additional tariff on all Mexican and Chinese products unless these countries took action to address the drug and migrant crises. Importers of food products and beverages, especially those from Canada and Mexico will pay more at certain points in the supply chain. Importers should increase their visibility in their supply chains to determine the impact on their bottom line. Importers can also reduce their duty burden by considering sourcing strategies and duty mitigation. The proliferation of Extended Producer Responsibilities legislation that charges fees to consumer packaging producers and mandates recycling standards will also increase supply chain costs and compliance challenges by 2025 and beyond.
5. PFAS Litigation and Other Contaminants. PFAS class actions continue to plague the beverage and food industry, with plaintiff firms looking to file PFAS lawsuits in 2025. New state regulations are also coming into force. PFAS class action claims have so far focused on products whose main ingredient is water, such as fruit juices, energy drinks, snacks and packaging. In many of these cases, PFAS levels were below the limit of quantification. Plaintiffs’ attorneys continue to modify and adapt their complaints in order to circumvent these rulings. There are also many other contaminant claims, from heavy metals class actions to Proposition 65 claims for lead, cadmium and PFAS. Expect to see more class actions based on contaminant claims in 2025. However, there will also be a wider range of products involved, including PFAS food and beverage packaging.

Greenberg Traurig’s Food, Beverage & Agricultural Practice: GT’s Global Food & Beverage Group draws on its extensive experience in representing the largest participants in the food, beverages, dietary supplements, and products industries. The team was ranked by Chambers & Partners, and named a ‘Food & Beverage Practice Group Of the Year’ by Law360. They represent clients in a wide range of areas, including corporate, regulatory and environmental issues, finance and intellectual property, employment and labor, litigation and real estate matters, as well as tax and restructuring.