Michael Best’s Agribusiness, Food & Beverage practice represents more than 130 clients in every part of the industry. We serve clients at every link in the food production and distribution chain: growers, processors, makers, distributors, and retailers of food, feed products, and ingredients; as well as trade associations, equipment manufacturers, packagers, restaurant management companies, and other industry service providers. Our work involves M&A, real estate, environmental and other regulatory compliance, food safety, recalls, labeling/claims, intellectual property, labor and employment, litigation, commodity contracting and logistics, and more. Legal Bites is a quarterly newsletter designed to keep our clients current on legal happenings affecting the industry.
Insights from Our Attorneys
EPA Seeks Comment on Draft Environmental Justice Program Guidance.
The EPA’s Office of Environmental Justice and External Civil Rights (OEJECR) is asking for public feedback on its draft National Program Guidance (NPG) for fiscal years 2025-2026. The draft NPG explains how the new OEJECR will implement President... Read more
Can scientists create chocolate and other food products out of air?
Some things sound too good to be true. I read this article and thought there had to be a catch. And there is one. The scientists involved aren't exactly making “chocolate” out of air, they are making a type of fat that acts like cocoa butter which... Read more
Would front of package food labels make you eat healthier?
In Mexico and other countries, stop-sign-shaped symbols appear on the front of certain food products to indicate these items contain high levels of sugar. These labels appear on obvious products like cookies, as well as some ketchup, yogurts, and... Read more
Label Laws on Lab-Grown Meat Gain Steam.
My Partner Paul Benson recently posted about the “yuck factor” inhibiting any serious movement toward insect protein consumption as a replacement for traditional meat. Another “yuck factor” at play for livestock protein replacement is... Read more
DEA Moves to Reclassify Marijuana as a Schedule III Drug.
This Historic federal action would recognize medical benefits of cannabis, open the door for more research, and be a significant change for the industry. Additionally rescheduling would lift the burden of 280E from legal cannabis operators.... Read more
The "yuck" factor is a barrier to insect protein consumption.
I've posted a lot about alternative protein sources. Everywhere I look in the food and beverage literature, I see another article touting the virtues of plant-based meats or lab-created proteins as a substitute for what many would call traditional... Read more
Florida is the first state to ban "lab grown" meat. But why?
Lab-grown meat is meat developed from animal stem cells. It has been the subject of $3 billion in investment capital between 2016 and 2022, and as many as 60 startups are in the industry. But it won't be manufactured or distributed in Florida.... Read more
CDC PPE Recommendations for H5N1.
As confirmed by the Wisconsin Cheese Makers Association, the Centers for Disease Control and Prevention (CDC) has recently updated its interim recommendations that workers exposed to livestock or raw milk (for processing) that could potentially be... Read more
USTR Releases Sec. 301 Report and Recs.
Today, the office of the US Trade Representative (USTR) released the results of its Sec. 301tariff statutory review, detailing ongoing practices by China, including cyber-attacks and technology transfer and IP theft, that harm US and global... Read more.
The father of nutrition labels is still going strong at 89. Thank you, Peter Barton Hutt.
Peter Barton Hutt's law firm, Covington & Burling, apparently threw him and some of his colleagues a retirement party 20 or so years ago. But he has kept working and is still going strong at the spry young age of 89. If you don't know who he... Read more
PFAS CERCLA Designation -- What's Next.
Last week, USEPA Administrator Regan signed the final rule designating PFOA, PFOS and their salts and structural isomers as hazardous substances pursuant to Sec. 102(a) of CERCLA, the federal Superfund Law. The designation will be effective... Read more
American Biogas Council Releases Draft Carbon Accounting Methodology.
Congratulations to our friends at ECO Engineers who, on behalf of the American Biogas Council, released for public comment a draft Carbon Accounting Methodology for Biogas. The methodology was developed with input throughout the biogas... Read more
FDA trying to add uniformity to post-market safety review list by adding chemicals targeted by state bans.
Two months ago, I posted about states banning certain food additives and how doing so can fracture the efforts to create uniformity in the United States food safety system. Last month, FDA responded by adding some of the chemicals banned by these... Read more