MAHA Implications

B&D advises companies in the food and chemical industries on navigating one of the most significant shifts in U.S. food chemical regulation in decades: the Trump administration’s Make America Healthy Again (MAHA) movement. This federal initiative is driving sweeping changes across agencies such as the U.S. Food and Drug Administration (FDA), Department of Health and Human Services (HHS), and U.S. Department of Agriculture (USDA). States are pursuing their own legislative and regulatory changes in parallel, all with major implications for ingredients, labeling, and compliance strategies.

B&D also advises companies on another watershed change, this one targeting the cosmetics industry: the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). Cosmetics and their ingredients should expect increasing scrutiny and regulatory oversight as FDA moves to implement this legislation. States have already been enacting new restrictions on cosmetic ingredients, such as Washington’s Toxic-Free Cosmetics Act.

As FDA continues to ramp up its scrutiny of food and cosmetics, and as state-level legislative momentum picks up, the food and cosmetics industries and their suppliers face heightened uncertainty. B&D’s cross-disciplinary team helps clients mitigate risk, safeguard market access, and anticipate evolving requirements under both federal and state laws.

B&D lawyers combine a deep knowledge of chemical safety, toxicology, product labeling, and environmental law to help clients develop robust regulatory and compliance strategies—from R&D and formulation to labeling, distribution, and litigation, and investigation defense.

We provide actionable counsel that aligns regulatory obligations with business needs, enabling clients to stay informed and plan ahead.

Our Services

Regulatory Strategy & Risk Assessment

• Evaluate impacts of MAHA-driven requirements on food formulations and supply chains.
• Counsel on how to address new and prospective requirements for cosmetic safety, including ingredient restrictions and expected good manufacturing practice mandates.
• Assess business risks related to ingredient use, including colorants, preservatives, and fragrance components.
• Guide clients through strategic decision-making regarding reformulation, market access, and disclosure obligations.

FDA & State Compliance

• Provide end-to-end support for compliance with generally recognized as safe (GRAS) and food additive requirements.
• Advise on food and cosmetic facility registration, good manufacturing practices, Food Safety Modernization Act (FSMA), and current and forthcoming MoCRA requirements.
• Monitor FDA’s post-market reassessment program and shifting policies under MAHA.
• Help companies manage compliance with the preventive controls and current good manufacturing practice for food ingredients under FSMA.
• Assist companies in establishing their compliance with food additive requirements or that their products are GRAS.

Labeling, Marketing & Advertising Claims

• Develop compliant labeling and marketing strategies across food and cosmetic product lines.
• Advise on legal risks related to “healthy,” “natural,” “non-toxic,” “chemical-free,” and similar claims and avoidance of misleading or “healthwashing” messaging.
• Track consumer litigation and government enforcement trends to mitigate exposure under federal and state deceptive marketing laws.

Supply Chain Management & Stewardship

• Structure supplier contracts and due diligence protocols that address ingredient safety, traceability, and regulatory disclosures.
• Assist with FSMA compliance across supply chain risk assessment, product recall planning, and documentation protocols.
• Help prepare clients for audits, import inspections, and retailer-driven compliance inquiries.

Enforcement & Litigation Risk Management

• Prepare clients for scrutiny from FDA, state attorneys general, NGOs, and private plaintiffs challenging ingredient safety or labeling practices.
• Conduct internal investigations and defend clients facing federal and state enforcement actions.
• Respond to consumer complaints and media scrutiny relating to controversial food and cosmetic additives.
• Develop legal and communications strategies to address enforcement risk and reputational exposure.

Our Experience

We counsel leading food and cosmetic brands on navigating MAHA-related developments, MoCRA implementation, FSMA requirements, and emerging federal and state regulations including:

• FDA’s overhaul of chemical safety evaluations and ingredient reassessment.
• Implementation of state-level additive bans and warning label laws targeting ingredients such as titanium dioxide, formaldehyde, and fragrance allergens.
• Supply chain adaptation and ingredient transparency under retailer and e-commerce standards.
• National harmonization initiatives related to ingredient disclosures, toxicity warnings, and consumer safety labeling.

Recent Thought Leadership

• FDA Targets Food Chemicals: New BHA Reassessment, “No Artificial Colors” Enforcement Discretion, and a Potential GRAS Overhaul
• Food Litigation Watch: State Ingredient Warnings, Color Additive Bans, and “Ultra-Processed” Claims
• Food Industry Groups Challenge Texas Law Requiring Warning Labels for Certain Food Ingredients
• California Bans Ultraprocessed Foods in Schools
• The Trump Administration’s First Unified Agenda for FDA Promises Major Changes for the GRAS Pathway, Food Ingredients, and Cosmetics

Why B&D?

Our attorneys advise multinational food and cosmetic brands, ingredient suppliers, and industry trade associations. With deep knowledge of chemical safety, toxicology, and food law—and a proven track record navigating emerging regulatory frameworks—Beveridge & Diamond strategically partners with companies to navigate the future of food and cosmetic regulation.