Food & Chemicals Unpacked

Packaging as a Consumer Product - When It's Not Just What's Inside That Counts

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?

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?

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

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

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

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

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)

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

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

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.