When two Madison-based brands come together to share not just space but a vision, the result is a thoughtful collaboration grounded in mutual support. Fortune Favors, known for its premium candied pecans, and Level 5 Donuts, a local favorite for vegan treats, have partnered in a move that reflects the evolving needs of small food businesses.
The collaboration centers around Fortune Favors’ retail space on Atwood Avenue. Once a hub for customer engagement and order fulfillment, the location’s kitchen had been underused since the company moved production to Cottage Grove in 2022. Meanwhile, Level 5 had been exploring options for a storefront following a series of successful pop-ups and growing community interest.
“I’ve been a fan of Level 5 since they started selling around town,” says Jess Benish, Co-founder of Fortune Favors. “We’ve spent years trying to figure out what to do with our own shop. It’s never quite made enough to support itself financially, but our staff loves it—and it’s been a key way for us to stay connected with our customers, especially in Madison. Level 5 brings high-quality products, clean ingredients, and kind people to the table. And in the end, we’re providing more quality, local, vegan products to the Madison community for more hours in a week than we could before on our own. This partnership feels like a win-win.”
Now, visitors to 2086 Atwood Avenue can find fresh vegan donuts alongside candied pecans, with both businesses benefiting from shared expenses, labor, and a blended customer base. Just as important, the partnership speaks to the importance of adaptability and cooperation in an industry facing high costs and shifting consumer behaviors.
“This idea, sharing space, labor, and resources, is certainly not new. But it could absolutely be a model for others,” shares Benish. “Running a retail shop in 2025 is not for the soft. But if you can find yourself an aligned partner, somebody who mostly shares your values, goals, and customer base, getting creative about how you make products available to customers might just be the way through.”
This update includes FDA updates, USDA updates, lawsuits, and other articles of interest, including the new guidance on allergen labeling requirements, the FDA’s suspension of quality control programs for milk, PFAS testing results for bottled water, and more.
FDA Updates
FDA Publishes New Guidance on Allergen Labeling Requirements April 1: The FDA released updated guidance for businesses on allergen labeling requirements. The new guide, titled “Questions and Answers Regarding Food Allergens, Including the Food Labeling Requirements of the Federal Food, Drug, and Cosmetic Act,” is intended to help the food industry comply with regulations for listing major food allergens on labels. These allergens include milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame. The guide contains information related to sesame as a major food allergen and includes expanded interpretations of milk and eggs as major allergens. Several tree nuts, including coconut, are no longer considered major food allergens under the revised guidance. More information can be found here.
FDA to Reduce Inspections Due to Layoffs April 2: The FDA is planning to cut back on routine food and drug inspections due to layoffs in its support staff. Approximately 170 workers were cut from the FDA’s Office of Inspections and Investigations. While the FDA’s inspectors themselves were not directly impacted, the loss of administrative staff has caused delays and forced the agency to reprioritize its workload. This includes trimming routine surveillance inspections in favor of more urgent tasks, such as addressing safety risks and follow-up visits. The office’s travel operations division was also eliminated and a pilot program for unannounced foreign inspections has been paused. More information can be found here.
FDA Extends Comment Period on Poppy Seed Industry Practices April 9: The Food and Drug Administration (FDA) extended the comment period for its request for information regarding industry practices related to poppy seeds. The extension allows stakeholders additional time to provide input on the growing, harvesting, processing, and distribution of poppy seeds, including industry practices to reduce opiate alkaloid content. The FDA intends to use the information to determine potential actions to ensure poppy seed products are safe for consumption. Interested parties can submit their comments electronically or via mail by June 16, 2025. More information can be found here.
FDA Releases PFAS Testing Results for Bottled Water April 14: The FDA published the final results of its testing for per- and polyfluoroalkyl substances (PFAS) in bottled water. The FDA analyzed 197 samples of domestic and imported bottled water, including purified, artesian, spring, and mineral waters, collected between 2023 and 2024. Ten samples had detectable levels of PFAS, but none exceeded the Environmental Protection Agency’s (EPA) maximum contaminant levels (MCLs) for PFAS in public drinking water. The FDA continues to monitor PFAS levels in bottled water to ensure consumer safety and will share further results as they become available. More information can be found here.
FDA to Phase Out Petroleum-Based Synthetic Dyes April 22: The FDA and HHS announced a plan to phase out petroleum-based synthetic dyes from the nation’s food supply as part of the “Make America Healthy Again” campaign. This initiative includes establishing standards for replacing petrochemical dyes with natural alternatives, revoking authorizations for Citrus Red No. 2 and Orange B, phasing out six remaining synthetic dyes by the end of next year, and fast-tracking the approval of new natural color additives such as calcium phosphate, Galdieria extract blue and butterfly pea flower extract. Additionally, the FDA will partner with the National Institutes of Health to research the impact of food additives on children’s health and will request food companies remove FD&C Red No. 3 sooner than the 2027-2028 deadline previously required. The FDA plans to issue guidance and provide regulatory flexibility to industry to voluntarily stop using the dyes. The plan appears to lack details on what action the agencies will take if food companies fail to remove the dyes by the end of 2026. More information can be found here and here.
FDA Halts Milk Quality Tests Amid Workforce Reductions April 22: The FDA suspended its quality control program for testing fluid milk and other dairy products due to reduced capacity in its food safety and nutrition division. This suspension follows the termination and departure of 20,000 employees from the Department of Health and Human Services, including the FDA. The FDA also paused programs ensuring accurate testing for bird flu in milk and cheese and pathogens like Cyclospora in other food products. According to the FDA, the testing program was suspended because FDA’s Moffett Center Proficiency Testing Laboratory is unable to provide necessary support for proficiency testing and data analysis. Despite these changes, the agency confirmed that dairy product testing will continue during the transition to a new laboratory. More information can be found here.
USDA Updates
FSIS Delays Salmonella Testing for Not-Ready-to-Eat Breaded Stuffed Chicken Products April 11: The U.S. Department of Agriculture Food Safety and Inspection Service (FSIS) announced a six-month delay in its verification sampling and testing program for Salmonella in not ready-to-eat (NRTE) breaded stuffed chicken products. Originally scheduled to begin on May 1, 2025, the program will now start on November 3, 2025. This extension allows establishments additional time to reassess their Hazard Analysis and Critical Control Point (HACCP) plans for these products. FSIS also needs this additional time to finalize instructions for inspectors, prepare inspection program personnel and laboratories for the new sampling and testing procedures, and provide industry guidance on holding and controlling products pending sampling results. More information can be found here.
FSIS Publishes Findings from PFAS Sampling Initiative April 24: FSIS published an article, titled “A Survey of the Levels of 16 per- and Polyfluoroalkyl Substances in Meat, Chicken, and Siluriformes Fish, 2019 to 2023,” in the peer-reviewed journal Food Protection Trends. The article describes results from FSIS’ exploratory sampling program that analyzes samples for 16 different per- and polyfluorinated alkyl substances (PFAS), including perfluorooctanoic acid and perfluorooctane sulfonate. FSIS first began testing for PFAS residues in 2020. FSIS found that PFAS compounds are rarely detected in meat, poultry, and farm raised catfish. Wild-caught domestic catfish were frequently shown to contain at least one PFAS compound, though at lower levels compared to other surveys of freshwater fish in the U.S. More information can be found here.
USDA Withdraws Proposed Salmonella Framework for Raw Poultry Products April 25: FSIS withdrew its proposed rule titled “Salmonella Framework for Raw Poultry Products.” Initially published on August 7, 2024, the framework sought to reduce Salmonella illnesses by establishing standards for Salmonella levels in raw poultry products. The proposal included requirements for microbial monitoring programs and electronic submission of sampling results. FSIS received over 7,000 comments during the public comment period. The withdrawal follows extensive feedback from stakeholders, including concerns from small poultry producers about the potential burden of the proposed regulations. FSIS is evaluating alternative approaches to address Salmonella contamination in poultry products and will continue to engage with stakeholders to develop effective food safety strategies. More information can be found here.
Other Articles of Interest
Listeria Outbreak Linked to Frozen Supplement Shake April 1: A multi-state listeria outbreak in 2024 was linked to frozen supplement shakes distributed under the brands Lyons ReadyCare and Sysco Imperial. These shakes were manufactured by Prairie Farms and primarily sold to long-term care facilities. The outbreak caused 38 illnesses, 37 hospitalizations, and 11 deaths. The FDA and CDC investigated the outbreak, finding Listeria monocytogenes in environmental samples at the Prairie Farms Dairy facility. The shakes were recalled in February 2025. More information can be found here.
Congressional Hearing Highlights FDA Inaction on Hemp and Vapes April 9: Federal health officials’ inaction on flavored vapes and hemp-derived consumables has led to a proliferation of loosely regulated products, according to testimony at a U.S. House Committee hearing. Jonathan Miller from U.S. Hemp Roundtable criticized the FDA’s lack of regulation for hemp-derived CBD, while Guy Bentley from the Reason Foundation highlighted the slow approval process for flavored e-cigarettes. The hearing emphasized the need for clear federal regulations to ensure product safety and quality. More information can be found here and here.
Lawsuits
Federal Jury Rules Against R.C. Bigelow Inc. in Misleading Advertising Case April 9: A federal jury ruled in favor of consumers who claimed that R.C. Bigelow Inc. misled buyers into believing its tea products were made in the U.S. The verdict, filed in the US District Court for the Central District of California, awarded the consumers more than $2.36 million in compensatory damages but denied punitive damages. The jury found that Bigelow violated the California Consumers Legal Remedies Act, committed common law fraud, and breached an express warranty. Consumers argued that they relied on Bigelow’s representations that various products were “Manufactured in the USA 100% American Family Owned.” However, the judge clarified before the trial that Bigelow’s tea is grown and processed abroad, making the company’s claims of being “manufactured” or “made” in the US invalid.
This Regulatory Update covers information from April 2025. Please contact Paul Benson, Taylor Fritsch, or Leah Ziemba for additional information on regulatory issues that may affect your business. For access to articles and resources from our Premium Member law firm, Michael Best & Friedrich, visit michaelbest.com.
CALEDONIA, Wis., April 18, 2025 — Central Storage & Warehouse (CSW), a premier Midwest cold storage developer & operator, is proud to announce the completion of its third Caledonia warehouse expansion adding 15,000 new frozen pallet positions to support the growth of key strategic partners in the Wisconsin market.
“This is the largest building by cubic feet in CSW’s 78-year history and the first freezer we’ve built at 50 feet clear,” said Hill Hamrick, Co-CEO of CSW. “This expansion was absolutely essential to supporting our customers’ continued growth and is a testament to our warehouse team’s ability to deliver best in class customer services.”
The newly expanded facility, located at 12725 4 Mile Road, Franksville, WI, now stands at over 334,000 square feet, featuring 32 dock doors, and 37,500 pallet positions. Originally constructed in 2019 with expansions in 2023, 2024, and now 2025 the facility offers an array of value-added services, cross-docking capabilities, a drop trailer lot, and is USDA inspection certified for import and export services.
CSW Caledonia is strategically located in Southwest Wisconsin to service the storage and distribution needs of its customers in the Midwest and beyond. With access to I94 and to Milwaukee (19 miles) and Chicago (74 miles) the facility is ideally suited for handling frozen commodities like retail foods, foodservice, related perishable products, and raw materials to support nearby production.
About Central Storage & Warehouse: Tracing its roots to 1947, Central Storage & Warehouse (CSW) is a premier provider of temperature-controlled warehouse services, offering extensive cold storage capabilities. With five facilities, CSW is actively expanding to better serve its customers. The company offers custom cold storage solutions and a range of temperature options to meet diverse client needs, maintaining the highest standards in food safety and leveraging state-of-the-art warehouse management technology. CSW is committed to reliability, flexibility, and responsiveness, ensuring exceptional service for all clients.
For media inquiries, please contact: Name: Sam Krieg Title: Co-CEO Central Storage & Warehouse LLC Email: skrieg@csw-wi.com
In a bustling kitchen on Martin Luther King Drive in Milwaukee’s Hyland Park neighborhood, an innovative nonprofit is proving that nutritious food can do more than satisfy hunger—it can transform lives.
Food for Health, the first and only medically tailored meal (MTM) provider based in Wisconsin, is on a mission to combat diet-related disease with personalized meal plans, health coaching, and community-based support.
Identified as a social enterprise organization, Food for Health is a business that uses commercial strategies to address social or environmental problems, prioritizing social impact alongside profits, and often reinvesting profits back into the mission to ensure long-term sustainability.
“Our vision is that when the for-profit or the fee-for-service model reaches profitability, 100% of those profits would be endowed up to the public charity to bring full self-sustainability to the nonprofit,” said Kathy Koshgarian, President and CEO of Food for Health.
A comprehensive approach to health
Food for Health’s flagship offering is the B3 Healthy program, a 12-month immersive experience focused on whole-person care. Participants receive 10 fresh, medically tailored meals delivered weekly to their homes, along with biometric screenings, a dedicated health coach, and educational resources. The program is designed to serve those living with or at risk for type 2 diabetes, hypertension, obesity, maternal health issues, and cardiovascular disease.
“We focus on whole person health,” Koshgarian explained. “That’s why we wrap around our participants with food, fitness, and focus—because knowledge and behavior are just as important as what’s on your plate.”
In addition to its kitchen and distribution space, the organization’s headquarters includes a fitness zone and classrooms for lifestyle education. Its commitment to local impact extends to hiring practices. Food for Health prioritizes employing neighborhood residents and sourcing fresh ingredients from Wisconsin producers and local brokers whenever possible.
“It is extremely important to hire direct from the community,” Koshgarian said. “It’s about transforming and positively impacting our employees’ lives and providing earning potential close to home.”
Addressing an urgent need
The stakes in Wisconsin are high. Heart disease is the leading cause of death in the state, responsible for 22% of all deaths in 2022. According to the Centers for Disease Control and Prevention (CDC), 80% of premature heart disease and strokes can be prevented by addressing modifiable risk factors such as high blood pressure, high cholesterol, obesity, and diabetes.
Food for Health aims to tackle those root causes through evidence-based nutrition and wellness programming. As of January 2025, Wisconsin Medicaid began offering reimbursement for medically tailored meals for select populations. The benefit applies to individuals with diabetes, heart disease, or high-risk pregnancies, but its implementation is up to individual HMOs.
“I’m hopeful we’ll start to see rollout in the second half of 2025,” said Koshgarian. “But for commercial insurance plans, we’re still years away.”
“We are the solution to solve for nutritional need and to reverse the epidemic that exists of diet-related disease through the most efficacious solution and the basic human right of nutritious food. To me it’s a civic challenge, a societal challenge and an individual challenge to support and amplify the fact that there is a solution—and at Food for Health, we provide that solution.”
Kathy Koshgarian, President and CEO of Food for Health
Support the mission
“Food for Health is Milwaukee’s best kept secret. We don’t want to be a secret any longer,” Koshgarian said with a smile.
Food for Health offers several ways for individuals, employers, and community members to get involved. Traditional routes like donations and volunteering are always welcome, but Koshgarian emphasizes that raising awareness can also be impactful.
“Sign up for our newsletter, follow us on social media, refer someone to the program, or consider us for healthy catering,” she said. “There are so many ways to help.”
The organization also rents out its facility for events and offers its fresh, flavorful meals through a catering service, providing additional opportunities to support the mission.
To learn more about Food for Health, connect with the organization here.
This update includes FDA updates, FDA warning letters, USDA updates, lawsuits, and other articles of interest, including the launch of the Chemical Contaminants Transparency Tool, new legislation to ban ultra-processed foods in Wisconsin school lunches, major job cuts at Health and Human Services, and more.
FDA Updates
Mission Barns’ Cultured Pork Fat Cells Pass FDA Safety Review March 7: The FDA has completed a pre-market consultation for Mission Barns’ cultured pork fat cells, concluding that the food product is as safe as conventional pork fat. Mission Barns uses belly fat cells from Yorkshire pigs, growing them in a controlled environment to produce cultured pork fat. Through the pre-market consultation process, the FDA evaluates the safety of food made with cultured animal cells before it enters the market. Food products made with cultured pork fat cells must meet the same FDA requirements as conventional pork fat, including facility registration, safety standards, and accurate labeling. The product must also meet USDA regulations. More information can be found here.
FDA Files Petition to Enhance Color Additive Use in Plant-Based Foods March 14: The FDA announced that it has filed a petition, submitted by Impossible Foods, Inc., proposing that the color additive regulations be amended to expand the safe use of soy leghemoglobin as a color additive for use in plant-based meat, poultry, and fish analogue products. More information can be found here.
FDA Shares Interim Findings on H5N1 in Aged Raw Milk Cheese March 14: The FDA released interim results from its ongoing sampling of 60-day aged raw milk cheese. As of March 10, 2025, 110 samples of the planned 299 have been collected. Among these, 96 samples tested negative for H5N1 using PCR, while 14 samples are still being analyzed. Final results are expected later this spring. Additionally, the research funded by the FDA and New York State, conducted at Cornell University, suggests that aging raw milk cheese for 60 days or longer is not effective at eliminating H5N1. The findings indicate that heat treating raw milk to adequate parameters or manufacturing cheese at or below a pH of 5.0 could effectively inactivate H5N1. More information can be found here.
FDA to Reconsider GRAS Self-Affirmation for Food Additives March 17: The FDA is evaluating the food industry’s use of the GRAS (Generally Recognized As Safe) self-affirmation process. This process allows companies to determine the safety of food additives without FDA oversight. U.S. Health and Human Services Secretary Robert F. Kennedy Jr. raised concerns about the transparency and reliability of this system, viewing the practice as a loophole and prompting the FDA to review the process and propose rulemaking to prevent industry from continuing to self-affirm new ingredients are GRAS. More information can be found here.
FDA Launches New Tool for Transparency in Food Safety March 20: The FDA has launched the Chemical Contaminants Transparency Tool (CCT Tool), an online database that consolidates contaminant levels in human foods, helping to evaluate potential health risks. The tool is part of the FDA’s initiative to modernize food chemical safety and promote transparency. The CCT Tool provides contaminant levels in one location for easy access to contaminant information and the consolidated list can be filtered by contaminant type. The FDA will continue monitoring the food supply to ensure safety and transparency, reinforcing their commitment to making America healthy again. More information can be found here.
FDA Announces Extension of Compliance Date for Food Traceability Rule March 20: The FDA intends to extend the compliance date for the Food Traceability Rule by 30 months. This extension will provide additional time for covered entities to fully implement the rule’s requirements, ensuring complete coordination across the supply chain. The Food Traceability Rule, established under the FDA Food Safety Modernization Act, mandates enhanced traceability recordkeeping for entities involved in the manufacturing, processing, packing, or holding of foods listed on the Food Traceability List. The FDA remains committed to the successful implementation of the rule, which is designed to improve food safety and protect public health by enabling faster identification and removal of potentially contaminated food from the market. The extension will allow the FDA to continue working with stakeholders, providing technical assistance and resources to assist industry with implementation. More information can be found here.
Senate Confirms Marty Makary to Lead FDA March 25: The Senate confirmed Marty Makary as the new commissioner of the FDA with a 56-44 vote. Makary, a surgeon and public policy researcher from Johns Hopkins University received bipartisan support. During his confirmation hearing, Makary emphasized his commitment to data-driven decision-making and expressed support for the benefits of vaccines, despite his previous criticisms of federal COVID-19 mitigation policies. Makary expressed willingness to reassess recent firings at the FDA and ensure resources for the agency’s scientists. More information can be found here and here.
FDA Warning Letters
Adulterated Seafood: The FDA issued a warning letter to a Nicaraguan company for violations of seafood Hazard Analysis and Critical Control Point (HACCP) regulations. An inspection revealed that the company’s HACCP plan for frozen mahi-mahi fillets lacked critical control points for storage to prevent scombrotoxin (histamine) formation rendering the products adulterated and potentially harmful.
President Trump Disbands Two Key Food Safety Committees March 7: The Trump Administration eliminated two long-standing U.S. Department of Agriculture (USDA) food safety advisory committees: the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) and the National Advisory Committee on Meat and Poultry Inspection (NACMPI). These committees provided scientific advice on food safety issues to the USDA, FDA, and CDC. The move has raised concerns among food safety advocates about the future prioritization of food safety. More information can be found here.
USDA and HHS Update on Dietary Guidelines for Americans March 11: The USDA and the Department of Health and Human Services (HHS) provided an update on the development of the 2025-2030 Dietary Guidelines for Americans. Following the inaugural meeting of the Make America Healthy Again Commission, USDA Secretary Brooke Rollins and HHS Secretary Robert F. Kennedy, Jr. emphasized their commitment to releasing the final guidelines by December 31, 2025. The guidelines intend to promote healthy choices and outcomes based on sound science. The agencies are conducting a thorough review of the Scientific Report of the 2025 Dietary Guidelines Advisory Committee, released in 2024. More information can be found here.
USDA Reports Progress on Strategy to Combat Avian Flu and Lower Egg Prices March 20: The USDA updated its strategy to combat highly pathogenic avian influenza (HPAI) and reduce egg prices. Significant advancements have been made, including strengthening biosecurity measures at over 130 commercial poultry facilities, increasing the indemnity rate for layer hens to support faster repopulation, and reducing regulatory burdens to expand supply. The USDA secured new egg import commitments from Turkey and South Korea, and discussions are ongoing with other countries to further expand supply in the short term. Additionally, the USDA launched a $100 million funding opportunity for avian flu research and vaccine development. As a result, wholesale egg prices have dropped nearly 50% since late February. More information can be found here.
Other Articles of Interest
Emulsifiers Used in Food May Pose Health Risks March 5: Recent research suggests that emulsifiers, commonly used to improve the texture and stability of foods, may pose health risks. These additives are found in many processed foods ranging from ice cream to whole grain crackers and breakfast cereals. Studies indicate that consuming emulsifiers may be linked to higher risks of heart disease, Type 2 diabetes, and some cancers because emulsifiers can alter the gut microbiome, leading to inflammation. The widespread use of emulsifiers in ultra-processed foods has drawn increased scrutiny, with health officials investigating their potential impact on chronic diseases. More information can be found here.
Impact of Canada and China Tariffs on U.S. Food Products March 20: A recent report by the American Farm Bureau Federation highlights the U.S. food products most affected by retaliatory tariffs from Canada and China. U.S. beverage sales to Canada and beef and sorghum sales to China are expected to be hit hardest. Canada has imposed a 25% tariff on $21 billion worth of U.S. products, with plans for additional tariffs on $87 billion worth of goods. China has announced extra tariffs on various U.S. agricultural products, including wheat, corn, chicken, cotton, soybeans, beef, pork, dairy, fruits, and vegetables. These tariffs pose significant challenges for U.S. farmers, who export over 20% of their agricultural goods. The increased consumer prices resulting from tariffs are likely to decrease demand in these key export markets. More information can be found here.
Illinois Pushes for Enforcement of BVO Ban, Challenges Federal Oversight March 21: Illinois is advancing the Illinois Food Safety Act to enforce the ban on brominated vegetable oil (BVO) and other additives, highlighting a conflict between state and federal authority over food safety. Although the FDA banned BVO in July 2024, Illinois seeks to enforce that ban at the retail level and address additional chemicals like potassium bromate, propylparaben, and Red Dye No. 3. This move seeks to protect consumers from unsafe additives while potentially setting a precedent for stricter state oversight. The initiative has sparked debate over federal preemption and could lead to legal challenges from manufacturers. More information can be found here.
Study Released Highlighting the Economic Impact of the Food and Agriculture Sector March 21: The 2025 Feeding the Economy study, released by 36 food and agricultural trade groups, highlights the critical role of the food and agriculture sector in the U.S. economy. Despite a 1% decline in total output from last year, the food/ag industry now generates $9.53 trillion, accounting for 18.7% of the U.S. gross domestic product. The industry supports nearly 47.2 million jobs and contributes $2.82 trillion in wages. It also drives $182.79 billion in exports and $1.26 trillion in business taxes. The study underscores the importance of ensuring long-term security for producers to maintain the sector’s significant economic impact. More information can be found here.
Wisconsin Lawmakers Target Ultra-Processed Foods in School Lunches March 26: Wisconsin lawmakers have introduced new legislation to ban ultra-processed foods in school lunches. Representative Clint Moses and Senator Rachael Cabral-Guevara are leading the initiative, citing concerns over the health impacts of these foods, which make up nearly 70% of children’s diets. The proposed ban targets ingredients like brominated vegetable oil and red dye 3, linked to health issues such as Type 2 diabetes and obesity. The legislation seeks to ensure that government-funded meals are nutritious and safe for consumption. More information can be found here.
RFK Jr. Announces Major Job Cuts at Health and Human Services March 27: Health and Human Services Secretary Robert F. Kennedy Jr. announced a significant reduction of 10,000 full-time jobs within the department, across agencies that respond to disease outbreaks, approve new drugs, and provide insurance to low-income Americans. These cuts are in addition to the nearly 10,000 employees who chose to leave the department voluntarily. This move is part of a broader restructuring effort aimed at addressing chronic illness by focusing on safe food, clean water, and eliminating environmental toxins. The cuts will reduce the department’s workforce from 82,000 to 62,000 employees and include closing half of its regional offices. Key divisions such as the FDA, CDC, and NIH will see substantial workforce reductions. More information can be found here.
States Move to Ban Synthetic Dyes in Food and Candles March 27: Several U.S. states are taking action to ban or restrict the use of synthetic dyes in food products like candies and cereals. Lawmakers argue that the federal government has been slow to address the health risks associated with these dyes, which have been linked to neurobehavioral issues in children and other health concerns. West Virginia recently enacted a statewide ban on seven synthetic dyes, with similar measures being considered in over 20 states, including California and Virginia. The National Confectioners Association said the new regulations will make food more expensive, less accessible and lead to less variety on grocery store shelves. More information can be found here.
NSF Launches PFAS-Free Certification Guideline March 27: NSF, a global public health and safety organization, launched NSF Certification Guideline 537: PFAS-Free Products for Nonfood Compounds and Food Equipment Materials. This new certification ensures that products are free of per- and polyfluoroalkyl substances (PFAS). PFAS are often used in water-resistant, nonstick, and grease-proof products but are linked to serious health issues, including cancer and liver disease. The certification involves thorough formulation reviews, comprehensive testing, and rigorous disclosures to confirm the absence of PFAS. Certified products will carry the NSF PFAS-Free mark, providing consumers and businesses with confidence in their safety. More information can be found here.
Food Banks Brace for Impact from USDA Funding Cuts March 28: The USDA announced a $1 billion funding cut affecting programs that help schools and food banks buy food from local farms. This includes $660 million from the Local Food for Schools program and $500 million from the Local Food Purchase Assistance Cooperative Agreement Program. Food banks, like the Houston Food Bank, are preparing for reduced food distribution and emphasize the need for donor support and advocacy. The International Fresh Produce Association stresses the importance of federal initiatives to increase access to fresh produce. More information can be found here.
Utah Bans Certain Food Colors in Public Schools March 31: Utah has become the fourth state to ban food and beverages containing specific synthetic food colors in public schools, joining California, Virginia, and West Virginia. Utah Governor Spencer J. Cox signed House Bill No. 402 into law on March 27, 2025. The law, effective for the 2026-27 school year, prohibits food items containing Blue No. 1 and No. 2, Red No. 3 and No. 40, Yellow No. 5 and 6, Green No. 3, potassium bromate, and propylparaben from being served in public schools. The synthetic dyes/food colors are found in items such as confectionery, baked foods and beverages. More information can be found here.
Lawsuits
Judge Dismisses Class Action Against GNC Over Magnesium Supplement March 3: GNC Holdings LLC has temporarily escaped a proposed class action alleging it mislabeled the concentration of its Super Magnesium supplement. The US District Court for the Northern District of Illinois dismissed the suit, stating the plaintiff lacked standing as he did not adequately plead that he purchased a defective product. The plaintiff claimed independent testing showed the supplement contained only 152 mg of magnesium per serving instead of the advertised 400 mg. However, the complaint failed to provide details on when the testing occurred, who conducted it, or the methodology used. The judge ruled that without these specifics, the allegations did not meet plausibility standards. The suit was dismissed without prejudice, allowing the plaintiff until March 21 to file an amended complaint addressing the deficiencies.
Polar Beverages Faces Class Action Over “Natural” Seltzers March 3: A proposed class action accuses Polar Beverages of falsely advertising its “Natural” Seltzers as free from synthetic ingredients. Despite being marketed as “100% natural,” tests revealed that the products contain between 9% and 13% synthetic ingredients. The complaint, filed in the US District Court for the Northern District of California, highlights that further testing found terpineols, chemical compounds used as flavorings, which are often isolated from plants. Consumers argue that while natural flavors are derived from animal or plant sources, the finalized flavors can include up to 250 chemically identified constituents, some of which are artificial. In addition, radiocarbon testing indicated that the seltzers were not entirely biobased carbon, suggesting the presence of synthetic elements. The plaintiffs claim they overpaid for the products or would not have bought them if they had known the “100% Natural” label was misleading. They are pursuing claims for breach of warranty, violations of consumer protection laws in California and New York, and unjust enrichment.
Mondelez Faces Class Action Over Misleading “Climate Neutral” Clif Bar Claims March 3: Mondelez International Inc. is accused of deceiving consumers who paid a premium for Clif Kid Zbars, believing them to be climate-friendly snacks. A proposed class action complaint was filed in the US District Court for the Northern District of Illinois alleging that the packaging falsely described the snack bars as “climate neutral.” The plaintiff claims that the production, marketing, and transportation of Zbars contribute to climate change, thereby negating any environmental benefits. The plaintiff argues that consumers would have paid less or chosen different products if they had known the truth about the misleading advertising. Mondelez reportedly measures greenhouse gas emissions, sets pollution reduction targets, and supports climate change projects to achieve a “climate neutral” certification. However, the plaintiff contends that the “climate neutral” claim is unsubstantiated and misleading.
Judge Dismisses Class Claims Against Fiji “Natural” Water Over Lack of Testing March 3: A federal judge tossed out class claims against The Wonderful Co. LLC, alleging that its Fiji Water was falsely labeled as “natural” despite containing microplastics. The judge for the U.S. District Court for the Northern District of Illinois ruled that the plaintiffs lacked scientific evidence directly linking Fiji Water to their claims and stated that the lawsuit was too speculative. The judge indicated that he would enter judgment against the plaintiffs unless they submit a second amended complaint with at least one viable claim. The judge noted that the suit could have been stronger if it included “relatively contemporaneous” testing of Fiji Water. Instead, the complaint referenced testing of other bottled water brands and a study that did not specifically include Fiji Water. The plaintiffs argued that the term “natural” implies the absence of synthetic substances, which they did not expect in the water. The judge rejected Wonderful’s argument that federal law preempted the claims, allowing the challenge to the “natural” label to proceed.
SunButter Avoids Class Action Over Alleged Cadmium Levels March 7: SunButter LLC escaped a proposed class action alleging false advertising of its sunflower butter products as “healthy” and non-toxic despite containing harmful levels of cadmium. The plaintiffs and SunButter, filed a joint stipulation to dismiss the case in the US District Court for the Central District of California. The judge dismissed the plaintiffs’ claims with prejudice and any putative class action claims without prejudice. The plaintiffs had alleged that two SunButter products contained cadmium levels exceeding California’s legal threshold for toxicity warnings under Proposition 65. They claimed the lack of labeling constituted false advertising, unfair business practices, and breach of implied warranty under California and New York consumer protection statutes. The court filings do not indicate if any settlement was reached.
Class Action Alleges Heavy Metals in Girl Scout Cookies March 11: A proposed consumer class action has alleged that thirteen types of Girl Scout cookies contain excessive levels of heavy metals such as arsenic, cadmium, and lead. According to the complaint filed in the US District Court for the Eastern District of New York, lab tests revealed the presence of glyphosate and other toxic metals in most cookie samples, which are linked to health issues like cancer and neurological disorders. The Girl Scouts of the USA, Ferrero USA Inc., and Interbake Foods LLC (ABC Bakers) were named as defendants. The complaint claims that the cookie sales program has generated significant profits for both the Girl Scouts and commercial bakers, who have the capability to produce safer products but prioritize quantity over health.
Premier Nutrition Ordered to Pay $8.3 Million in Joint Juice Case March 11: Premier Nutrition Corp. has been ordered to pay $8.3 million in statutory damages to consumers of its discontinued Joint Juice product. A federal judge in the US District Court for the Northern District of California reduced the original $83 million award, deeming it “grossly punitive” and disproportionate to the legislative goals of the state consumer protection statute. The plaintiff alleged that Premier Nutrition misrepresented the benefits of Joint Juice, violating two sections of the New York General Business Law that prohibit deceptive practices and false advertising. After a nine-day trial in 2022, a jury found Premier Nutrition guilty of these violations. The plaintiff initially sought an award of $550 per violation, totaling approximately $91 million. However, Premier Nutrition challenged this award on substantive due process grounds. The Ninth Circuit remanded the award for reevaluation, leading the plaintiff to seek $83 million or $500 per violation. The judge ruled that $50 per violation aligned better with the compensatory, deterrence, and punitive goals of the statutes, and reduced the award to $8.3 million.
Judge Dismisses Class Action Against Splenda Naturals Stevia March 12: TC Heartland LLC, the maker of Splenda Naturals Stevia sweeteners, convinced a federal judge to dismiss a proposed class action alleging deceptive advertising of the products as “100% Natural.” The US District Court for the Eastern District of New York ruled that the consumers’ claims were insufficient, stating that the intensive manufacturing process does not make the product synthetic. The judge noted that no reasonable consumer would consider a product artificial simply because it is produced using industrial processes, which is common for most consumer goods. The plaintiff, Mete Karabas, had sued in 2024, claiming the sweeteners were falsely advertised as natural despite being made through heavily industrialized methods. However, he failed to specify any chemicals added to the product. The court concluded that the manufacturing process described in the complaint does not transform the stevia leaf extract into a synthetic product, as none of the chemicals used in production end up in the final product.
This Regulatory Update covers information from March 2025. Please contact Paul Benson, Taylor Fritsch, or Leah Ziemba for additional information on regulatory issues that may affect your business. For access to articles and resources from our Premium Member law firm, Michael Best & Friedrich, visit michaelbest.com.
Big news: Harrigan Solutions LLC is now Harrigan Sanitation Solutions LLC. We’ve also adopted the slogan “Trustworthy Teams | Continuous Improvement.”
Why? To better reflect our core focus on sanitation, especially in food plants, and emphasize our continuously improving sanitation crews, the backbone of our company.
CEO Bill Harrigan: “The addition of the word ‘sanitation’ to our company name speaks to our core focus and expertise—providing sanitation services, particularly in food plants where cleanliness and hygiene are paramount. Our teams’ high level of engagement and commitment is what sets us apart, and ‘Trustworthy Teams|Continuous Improvement,’ captures the essence of this approach. We pride ourselves on having trustworthy sanitation teams who are not only skilled but also deeply invested in their work. This high engagement translates to low turnover rates, which in turn reduces risk for our customers.”
VP and Managing Partner Dave Stern: “Our Crew Chiefs and Pit Crew Members—and their devotion to continuous improvement—are the most important part of the work that we do for our clients. This update to our company name and slogan emphasizes our goal to establish trust within and between our teams, as well as to refocus our work that we do for our sanitation clients.”
The bottom line:
Customers: Clearer understanding of the services we provide, and stronger trust with our engaged sanitation teams. Financial results through continuous improvement and low turnover.
Employees: Growth and success through a unique, proven process of ongoing employee engagement.
Jefferson County, WI, March 12, 2025 – Onego Bio, a food ingredient company producing egg protein powder through fermentation, will become the second tenant at Jefferson County’s Food and Beverage Innovation Campus. The $777,000 purchase of 25.9 acres within the campus located on the south side of the City of Jefferson was approved by the Jefferson County Board of Supervisors at its December meeting.
The proposed Jefferson site will be Onego Bio’s flagship manufacturing facility, dedicated to producing Bioalbumen®, a fermentation-derived egg protein powder. Bioalbumen® delivers the same taste, nutrition, and functionality as traditional eggs, while offering greater cost stability, supply reliability, and a 90% smaller environmental footprint. This site will combine proven bioprocessing and large-scale manufacturing with the capacity to produce egg protein equivalent to the output of 6 million laying hens. The site is planned to be operational by 2028.
“Onego Bio’s investment in Jefferson County reflects the strength of our Food and Beverage Innovation Campus and our dedication to fostering cutting-edge companies in the industry,” noted Deb Reinbold, President of Thrive Economic Development. “Their decision further solidifies the county as a leading destination for innovative food and beverage manufacturers.”
Michael Luckey, Jefferson County Administrator, emphasized the significance of this investment. “Onego Bio’s arrival showcases Jefferson County’s ability to attract forward-thinking global companies that share our dedication to economic growth and environmental stewardship,” said Luckey. “Their presence will create opportunities for collaboration, new jobs and sustainable development in our community.”
Onego Bio’s technology brings a scalable, stabilizing solution to an egg market in crisis. By producing real egg protein outside of the traditional supply chain, Onego is helping to diversify protein sources for food manufacturers—which consume a third of all eggs produced for industrial use—ultimately providing a reliable supply while reducing price volatility and production disruptions. Furthermore, bolstering egg supply offers a stronger defense against the increasing threat of Avian Influenza on food security and public health across the U.S.
“At Onego Bio, we are committed to building a more resilient, sustainable food system—one that ensures stability for manufacturers, reduces supply chain volatility, and supports long-term food security,” said Maija Itkonen, co-founder and CEO of Onego Bio. “This region offers the right combination of infrastructure, logistics, and proximity to key partners to help us scale Bioalbumen® and bring its benefits to more customers. We’re thrilled to join this thriving hub of food and beverage innovation.”
For Onego Bio co-founder and Chief Technology Officer Dr. Christopher Landowski, this project is a homecoming. A world-renowned scientist born and raised in Wisconsin, Landowski graduated from the University of Wisconsin-Madison with a degree in biochemistry before co-founding Onego Bio. “Bringing our first U.S. manufacturing facility to Jefferson County feels deeply personal,” Landowski said. “Wisconsin’s rich history in biotechnology and its innovative spirit make it the perfect place to scale Bioalbumen® and transform the future of food production.”
The addition of Onego Bio to the FAB Innovation Campus follows other recent investments in the city and county, including those by Kikkoman Corporation and other large food companies, further solidifying Jefferson County as a leader in food and beverage manufacturing innovation. Kikkoman broke ground last June on a 240,000 sq ft facility in the campus that will produce soy sauce and related seasonings. Nestlé Purina, a fixture in the community for more than a century, also announced a $195 million expansion of its Jefferson facility.
About Onego Bio
Onego Bio is a food ingredient company on a mission to create a more resilient food system through its product Bioalbumen®—the first non-animal egg protein with an amino acid sequence identical to the natural protein. Made through precision fermentation, Bioalbumen® matches the taste, nutrition, and functionality of the main protein from traditional eggs with an environmental impact around 90% smaller. Its unmatched versatility makes it ideal across a wide range of applications, while providing greater cost and supply stability for food manufacturers. Learn more at www.onego.bio.
This update includes FDA updates, FDA warning letters, USDA updates, lawsuits, and other articles of interest, including the appointment of Robert F. Kennedy Jr. as Health Secretary, the release of paused funding to U.S. farmers, testing of raw milk for avian flu, and more.
FDA Updates
Robert F. Kennedy Jr. Appointed Health Secretary Amid Mixed Reactions February 17: Robert F. Kennedy Jr. was confirmed by the Senate to lead the Department of Health and Human Services. Kennedy, a controversial figure due to his promotion of various conspiracy theories, wants to tackle the chronic disease epidemic and reform the nation’s health care systems. Despite lacking a professional background in medicine, his stance against chemical additives and “Big Pharma” has received support from many, especially mothers. Sen. Mitch McConnell was the only Republican to oppose Kennedy’s confirmation, citing his history of spreading dangerous conspiracy theories. Conversely, food activist Vani Hari praised the nomination as a historic change for American health. Kennedy’s first major initiative, the President’s Make America Healthy Again Commission, will focus on investigating the root causes of America’s health crisis, particularly childhood chronic diseases. The commission is expected to produce an assessment within the first 100 days.
FDA Deputy Commissioner Resigns Amid Mass Firings February 18: Jim Jones, deputy commissioner at the FDA, resigned after the “indiscriminate firing” of nearly 90 staff members. Jones criticized the Trump administration’s actions, saying it was “fruitless” to continue in his role. The firings included experts in infant formula safety and food ingredient reviewers. Jones became the FDA’s first deputy commissioner for human foods in 2023 and helped to establish the human foods program after the 2022 baby formula shortage. Jones’ resignation follows Robert F. Kennedy Jr.’s appointment as Health and Human Services secretary, a position that oversees the FDA. Kennedy has said that food companies and regulators are sickening Americans, and he has vowed to address what he calls corruption within the FDA.
FDA Delays Implementation of New “Healthy” Food Labeling Rule February 24: The FDA postponed the enforcement of a new rule requiring food manufacturers to meet updated criteria to label their products as “healthy.” According to a FDA notice, the final rule, which was originally set to take effect on February 25, is now delayed until April 28. This delay follows an executive order by President Trump to freeze pending regulatory actions. The final rule, issued in December 2024, updated the definition of “healthy,” and aligns with the Dietary Guidelines for Americans and the latest scientific evidence supporting the updated Nutrition Facts label. To qualify as “healthy,” foods must include certain amounts from specified food groups such as fruits, vegetables, protein foods, dairy, and grains. Additionally, these foods must adhere to limits on saturated fat, sodium, and added sugars.
FDA Appoints Kyle Diamantas as Acting Deputy Commissioner for Human Foods February 28: The USDA named Kyle Diamantas, a food and beverage attorney, as the new acting deputy commissioner for human foods. Diamantas replaces Jim Jones, who resigned in protest of staffing cuts. In his new role, Diamantas will oversee all FDA nutrition and food safety activities, including resource allocation, risk-prioritization, policy initiatives, and major response activities. He will also serve as a key liaison between the FDA, the Department of Health and Human Services, and The White House. More information can be found here.
FDA Stops Contaminated Clams at U.S. Borders February 28: The FDA added several Chinese companies to its Import Alert 99-48, Detention without Physical Examination of Foods Due to Chemical Contamination, preventing the entry of processed clams contaminated with per- and polyfluoroalkyl substances (PFAS) into the U.S. market. The FDA detected elevated levels of PFAS, notably perfluorooctanoic acid (PFOA), in samples of clams from the companies. As the FDA continues sampling activities at the border, additional firms may be added to the import alert and shipments will be automatically held at the border without inspection. The FDA is also conducting seafood surveys and analyzing foods to better understand PFAS levels and ensure food safety. More information can be found here.
FDA Warning Letters
Foreign Supplier Verification Program (FSVP): The FDA issued a warning letter to three food importers for violations of FSVP regulations as they did not develop, maintain, and follow an FSVP.
USDA Confirms Ongoing Support for Global Nutrition and Education Initiatives February 7: The U.S. Department of Agriculture (USDA) confirmed that the Foreign Agricultural Service is continuing activities for projects funded by the McGovern-Dole International Food for Education and Childhood Nutrition Program and the Food for Progress Program. More information can be found here.
Brooke Rollins Sworn in as New U.S. Secretary of Agriculture February 13: Brooke Rollins was sworn in as the 33rd U.S. Secretary of Agriculture after being confirmed by the Senate with a 72-to-28 vote. Rollins expressed her commitment to serving American farmers, ranchers, and the broader agricultural community. She wants to revitalize rural America and ensure the continued excellence of U.S. agriculture. Rollins holds a degree in agricultural development from Texas A&M University, as well as a Juris Doctor from the University of Texas School of Law and brings extensive experience from her roles in the America First Policy Institute and the first Trump administration. More information can be found here.
USDA Secretary Highlights Key Challenges and Commitment to Rural Communities February 13: In a letter addressed state, local, and tribal government partners, U.S. Secretary of Agriculture Brooke Rollins emphasized the USDA’s commitment to supporting rural communities. The letter highlighted several challenges facing the agricultural sector, including a significant trade deficit, a decline in the number of farms, increased production costs, and the impact of avian flu. The Secretary expressed a dedication to refocusing the USDA on its core mission of serving farmers and ranchers, ensuring food safety, and promoting economic opportunities in rural areas. The letter also encouraged participation in the agency’s “Laboratories of Innovation” initiative to propose innovative solutions to address these issues. More information can be found here.
USDA Secretary Rollins Unveils Vision for Enhanced Nutrition Programs February 14: U.S. Secretary of Agriculture Brooke Rollins shared her vision for the USDA’s nutrition programs in a notice to state leaders encouraging them to participate in pilot programs to reform the food stamp program (SNAP). In particular, she outlined principles of reform, such as establishing more robust work requirements, and emphasized a commitment to integrity, accountability, and innovation. Rollins stressed the need for modernized systems, connecting America’s farmers to nutrition assistance programs, and encouraging healthy choices and outcomes. More information can be found here.
USDA Releases $20 Million in Paused Funding to Support Farmers February 20: U.S. Secretary of Agriculture Brooke Rollins announced the release of the first tranche of funding that was paused for review under the Inflation Reduction Act (IRA). USDA is releasing approximately $20 million in contracts for the Environmental Quality Incentive Program, the Conservation Stewardship Program, and the Agricultural Conservation Easement Program. Rollins emphasized the importance of supporting American farmers and ranchers, criticizing previous administration policies for over-regulation and misallocated funds. She assured that the USDA will honor existing contracts and continue to review IRA funding to ensure it benefits farmers and ranchers. More information can be found here.
USDA Allocates $1 Billion to Combat Avian Flu and Lower Egg Prices February 26: The USDA announced a $1 billion investment to tackle highly pathogenic avian influenza (HPAI), protect the U.S. poultry industry, and lower egg prices. USDA Secretary Brooke Rollins revealed a comprehensive strategy that includes $500 million for biosecurity measures, $400 million in financial relief for affected farmers, $100 million for vaccine research, and regulatory adjustments such as reducing regulatory burdens on the chicken and egg industry and consider temporary import-export options to reduce costs on consumers. More information can be found here.
Other Articles of Interest
GAO Urges Unified Approach to Strengthen U.S. Food Safety February 3: The Government Accountability Office (GAO) released a report emphasizing the need for a unified food safety system in the United States to help improve the safety of the food supply. The report reveals that most goals to reduce foodborne illnesses have not been met and that the current system lacks coordination and efficiency. The GAO recommends a national food safety strategy to streamline efforts and improve public health outcomes. The report also notes that key agencies, such as the FDA and FSIS, have failed to meet their targets, with some goals seeing significant setbacks. More information can be found here.
New Strain of Bird Flu Detected in Nevada Dairy Herds February 6: A new strain of the H5N1 bird flu virus, known as D1.1, has been detected in milk samples from dairy herds in Nevada. This marks the first time this strain has been found in dairy cows. The USDA reported that the virus, previously circulating in wild birds, was identified through the National Milk Testing Strategy launched in December 2024. So far 36 states are testing milk for bird flu. The affected herds have been quarantined, and efforts are underway to prevent further spread. More information can be found here.
Cannabis Cocktails: Wisconsin’s New THC Drink Craze February 11: Wisconsin is experiencing a surge in popularity of legal THC-infused drinks. These beverages, which contain Delta-9 THC derived from hemp, are now available in various locations, including bars, liquor stores, and even coffee shops. The drinks range in potency, from 2.5mg to over 50mg of THC per can. This trend stems from the 2018 Federal Farm Bill, which allows THC products from hemp to be sold legally. Entrepreneurs in the state have embraced this opportunity, with some businesses seeing significant growth in sales. More information can be found here.
Senator Questions USDA Secretary Nominee on Rising Egg Prices Amid Bird Flu Outbreaks February 11: Sen. Martin Heinrich (D-NM) raised concerns with Brooke Rollins, the USDA secretary-designate, regarding the escalating cost of eggs due to a severe bird flu outbreak. In a letter dated February 7, Heinrich suggested the USDA develop and administer vaccines for highly pathogenic avian influenza (HPAI) to help reduce egg prices. He emphasized that the flu outbreak is severely impacting egg and poultry producers and straining family budgets. Heinrich highlighted the USDA’s role in maintaining an affordable food system and supporting markets for American farmers. He urged Rollins to outline her plans for managing vaccination logistics and costs, as well as enhancing flock surveillance to lower consumer prices. Egg prices have surged by 65% in 2024, with further increases expected in 2025. More information can be found here.
Republicans Advocate for USAID Food Program Amid Budget Cuts February 11: Congressional Republicans from farm states are working to preserve a $1.8 billion food-aid program administered by the U.S. Agency for International Development (USAID). The program, which purchases U.S. agricultural products for distribution to countries in need, is facing potential budget cuts. The GOP proposal suggests moving oversight of the program to the U.S. Department of Agriculture to ensure its continuation and effectiveness. Farm groups, worried about the impact of pausing federal funds that generate revenue for farmers, supported the legislation. More information can be found here.
Wisconsin to Test Raw Milk for Avian Flu Under National Strategy February 21: Wisconsin dairy producers and processors will soon be required to test raw milk for avian flu as part of the National Milk Testing Strategy, which seeks to eliminate the virus from dairy herds. The state’s Department of Agriculture, Trade and Consumer Protection (DATCP) announced participation in the program. The USDA Animal and Plant Health Inspection Service initiated the voluntary program to gather data on the spread of highly pathogenic avian influenza (HPAI). To date, the virus has been confirmed in over 970 herds across 17 states. Wisconsin officials plan to use existing milk samples for testing to streamline the process. DATCP created a document for industry in the event of an avian flu detection on a dairy farm. More information can be found here and on DATCP’s Avian Influenza website.
FDA Reinstates Staff After Mass Firings February 25: Barely a week after mass firings at the FDA, some probationary staffers received news that the government wants them back. FDA employees overseeing food ingredients were notified that their terminations had been rescinded effective immediately. At least 10 staffers in the food program were offered their jobs back, with no explanation or advance notice given to their immediate supervisors. This reversal comes after the same employees were previously told they were “not fit for continued employment.” More information can be found here.
Lawsuits
Minnesota’s PFAS Ban Upheld by Federal Judge February 25: A federal judge for the US District Court for the District of Minnesota ruled that Minnesota can enforce its law banning intentionally added per- and polyfluoroalkyl substances (PFAS) in consumer products. The Cookware Sustainability Alliance’s attempt to block the law was denied, as they failed to show it violated the Constitution’s commerce clause or caused irreparable harm. At issue is a 2023 Minnesota law known as Amara’s Law, which bans intentionally added PFAS from consumer products. The cookware industry group argued that Amara’s Law discriminates against out-of-state interests because it only applies to out-of-state manufacturers. The judge disagreed, stating that the law is not discriminatory in intent or effect and its benefits to Minnesotans outweigh the effects on individual businesses.
Class Certification Granted in Walmart Avocado Oil Lawsuit February 28: A federal judge granted class certification in a lawsuit against Walmart Inc., alleging that its Great Value Avocado Oil is blended with low quality or cheaper oils but marketed as pure. Judge R. Gary Klausner of the US District Court for the Central District of California certified the California consumer class. Klausner rejected Walmart’s argument that the plaintiff needed to prove the oil was adulterated before class certification. He also rejected Walmart’s claim that the class action was not the best way to resolve the issue. Walmart argued that the claims would require bottle-by-bottle testing. However, Klausner noted that common adulteration allegations do not require bottle-by-bottle testing. While the judge did not accept the consumer’s full refund model for damages, he approved a price-premium model to demonstrate the predominance of common issues among class members.
This Regulatory Update covers information from February 2025. Please contact Paul Benson, Taylor Fritsch, or Leah Ziemba for additional information on regulatory issues that may affect your business. For access to articles and resources from our Premium Member law firm, Michael Best & Friedrich, visit michaelbest.com.
Wisconsin’s food and beverage industry represented 14.3% of Wisconsin’s total economic impact, contributing $116.3 billion in industrial revenues.
Workforce development is a pressing issue for Wisconsin’s food and beverage sector, and FaB Wisconsinis stepping up with a strategic investment in talent. In partnership with Milwaukee Area Technical College (MATC), FaB Wisconsin has secured a $198,593 Workforce Advancement Training (WAT) Grant, aimed at strengthening the industry’s labor force by making training more accessible and affordable.
The grant allows participating FaB members to access critical workforce training at a 65% discount, providing cost-effective upskilling opportunities that support both employee development and industry growth. At a time when talent retention and workforce readiness are top concerns for Wisconsin manufacturers, this initiative helps food and beverage companies stay competitive by ensuring their employees have the skills needed to meet evolving safety and operational standards.
A Competitive Advantage for Wisconsin’s Food and Beverage Sector
Through the WAT Grant, participating businesses can enroll employees in industry-relevant courses, including:
FaBsafe Certificate® – an online program covering Good Manufacturing Practices (GMPs) and food safety standards, ensuring compliance with the Food Safety Modernization Act (FSMA).
MATC-led training in high-demand areas such as Food Quality Management, Manufacturing Maintenance, Leadership Principles, and Emotional Intelligence.
Workforce agility courses, including Excel training and Command Spanish for Supervisors, to improve operational efficiency and workplace communication.
Workforce Development as an Economic Driver
For economic developers and industry stakeholders, this initiative underscores the critical role of workforce training in retaining talent and driving innovation in Wisconsin’s food and beverage industry—an essential sector in the state’s economy.
“Not only does this grant provide an affordable pathway for our employees to meet compliance and safety standards, but it also reinforces Milwaukee’s standing as a hub for food and beverage manufacturing,” said Wendy Bushell, Chief People Officer at Palermo’s Pizza, one of the participating companies.
MATC President Dr. Anthony Cruz emphasized the broader impact: “By investing in upskilling the workforce, we’re ensuring that local businesses remain competitive while supporting economic stability and growth across the region.”
A Model for Other Industries
FaB Wisconsin’s use of the WAT Grant offers a replicable model for other industries seeking cost-effective workforce training solutions. With food and beverage manufacturing facing ongoing challenges—ranging from labor shortages to evolving regulatory requirements—strategic investments like this one help secure the future of Wisconsin’s economy.
FaB Wisconsin, in collaboration with MATC, has been awarded a $198,593 Workforce Advancement Training grant from the state’s Department of Workforce Development. The funding will be used to provide FaB Wisconsin members with up to a 65% discount on employee training.
Through this grant, FaB members will gain access to a variety of industry-relevant courses, including the FaBsafe Certificate, an annual online training course designed to educate participants in good manufacturing practices and other essential food safety knowledge.
Upon successful completion, participants receive a certificate, ensuring they stay compliant with the annual training requirements outlined by the Food Safety Modernization Act (FSMA). This program seeks to provide an accessible and cost-effective solution for businesses looking to enhance their workforce’s food safety expertise.
“We are fortunate at Palermo’s to partner with FaB in many areas, and specifically in having the opportunity to be a part of the recent grant to continue offering cost-effective development and compliance requirements to our employees,” said Wendy Bushell, chief people officer of Palermo’s. “Not only does this provide further education, but it also allows employees to readily access the FaBsafe Certificate program.”
Participating members will also have access to MATC-led training in key areas such as food quality management, food manufacturing processes, manufacturing maintenance, emotional intelligence, leadership principles, effective communication and more.
“At Milwaukee Area Technical College, we are excited to partner with FaB Wisconsin to provide vital training opportunities for local businesses through the Workforce Advancement Training grant,” said Dr. Anthony Cruz, president of MATC. “This collaboration underscores our commitment to supporting the growth and success of Wisconsin industries, including food and beverage. By offering targeted training to incumbent workers, we are addressing the evolving challenges businesses face while strengthening their workforce.”
