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Michael Best’s Agribusiness, Food &amp; 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&amp;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.

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Joint RFI Issued for "Ultraprocessed" Definition

Yesterday, President Trump said he didn't like the term “artificial” in “Artificial Intelligence” (AI) because AI is “not artificial, it's genius.” Many food companies don't like the word “ultraprocessed" - a term quickly becoming synonymous for...<a href="https://insights.michaelbest.com/post/102kxpg/joint-rfi-issued-for-ultraprocessed-definition?news" target="_blank">Read more</a>

As you know, President Trump signed the One Big Beautiful Bill Act (OBBB) on the real Independence Day, July 4th. The OBBB will make reforms to the Supplemental Nutrition Assistance (SNAP) program administered by the United States Department of...<a href="https://insights.michaelbest.com/post/102kts6/a-quick-summary-of-snap-changes-ahead?news" target="_blank">Read more</a>

In case you missed it, the American Biogas Council (ABC) marked the end of Dairy Month (June) with the release of updated data showing the explosive growth across the country of dairy biogas projects. ABC closely tracks the number of methane...<a href="https://insights.michaelbest.com/post/102kti2/cow-power-climbs?news" target="_blank">Read more</a>

This week, the National Milk Producers Federation (NMPF) and Dairy Management, Inc. (DMI) released their monthly Dairy Market Report, and, although mixed, the news for the dairy sector continues to be strong in 2025.  Domestic demand for...<a href="https://insights.michaelbest.com/post/102kquq/land-of-milk-and-cheese?news" target="_blank">Read more</a>

As we said goodbye to June, we said hello to the Food and Drug Administration's (FDA) updated plan for food guidance for the remainder of 2025.  The FDA periodically updates its list of guidance that it is exploring either developing or...<a href="https://insights.michaelbest.com/post/102kque/fda-announces-2025-food-guidance-plan?news" target="_blank">Read more</a>

De-weaponizing Clean Water Act Section 401

On July 1st, the United States Environmental Protection Agency (USEPA) announced it will soon open a docket and host two listening sessions to receive public input on needed reforms to the Section 401 program of the Clean Water Act (CWA). The...<a href="https://insights.michaelbest.com/post/102kqu0/de-weaponizing-clean-water-act-section-401?news" target="_blank">Read more</a>

Wisconsin Department of Safety and Professional Services (DSPS) Committee Releases Draft Joint Advisory Opinion Regarding IV Hydration

In 2024, the Wisconsin Department of Safety and Professional Services (DSPS) formed an interdisciplinary advisory committee (Committee) consisting of the Wisconsin Medical Examining Board, Pharmacy Examining Board, Board of Nursing, Physician...<a href="https://insights.michaelbest.com/post/102kqji/wisconsin-department-of-safety-and-professional-services-dsps-committee-release?news" target="_blank">Read more</a>

Today, the American Butter Institute (ABI) filed a complaint with the US Food &amp; Drug Administration (FDA) alleging Country Crock's “Dairy Free” butter products are labelled in a false and misleading manner. ABI alleges that the product's label...<a href="https://insights.michaelbest.com/post/102kpuz/i-cant-believe-its-not?news" target="_blank">Read more</a>

Did I read this right? A favorable food and beverage Proposition 65 decision from a California court?

Most companies I work with who do business in California have little good to say about California's Proposition 65 law. It requires businesses that sell products into California to provide warnings about exposures to chemicals known to cause...<a href="https://insights.michaelbest.com/post/102kgki/did-i-read-this-right-a-favorable-food-and-beverage-proposition-65-decision-from?news" target="_blank">Read more</a>

California bill would ban ultra-processed foods from school lunch programs, if they can come up with a definition.

California wants to be the first state in the nation to ban ultra-processed foods in public school lunches. If – and it's a big if – its Office of Environmental Health Hazard Assessment (OEHHA) can come up with a definition and identify...<a href="https://insights.michaelbest.com/post/102kdou/california-bill-would-ban-ultra-processed-foods-from-school-lunch-programs-if-th?news" target="_blank">Read more</a>

The FDA has redefined what it means for a food product to be called "healthy." Here's what that means for you.

I was in my fourth year of practice as a food and beverage lawyer in 1994. That was the last time FDA defined what qualifies as a “healthy” food product. Now, over 30 years later (I'm in my 35th year of practice) FDA has finally updated that...<a href="https://insights.michaelbest.com/post/102kd53/the-fda-has-redefined-what-it-means-for-a-food-product-to-be-called-healthy-he?news" target="_blank">Read more</a>

The Make America Healthy Again (MAHA) Commission Report is out. Will it live up to its title?

When President Trump appointed Robert F. Kennedy, Jr. the Health and Human Services Secretary, both promised a major overhaul of the United States food system. One of the first major steps they have taken toward that goal is “The MAHA Report,”...<a href="https://insights.michaelbest.com/post/102kco3/the-make-america-healthy-again-maha-commission-report-is-out-will-it-live-up-t?news" target="_blank">Read more</a>

This week, the Department of Health and Human Services, along with the Food and Drug Administration, announced efforts to phase out a number of petroleum-based synthetic dyes from the nation's food supply.  This includes revoking...<a href="https://insights.michaelbest.com/post/102k9e8/bye-bye-petroleum-based-dyes?news" target="_blank">Read more</a>

We can help. Our environmental and real estate team just closed on the transfer of an underutilized contaminated former industrial property to a properly vetted Brownfield redeveloper who assumed all of the environmental liabilities associated...<a href="https://insights.michaelbest.com/post/102k94k/got-brownfield?news" target="_blank">Read more</a>

Opportunity to Suggest Changes to Federal Regulations

Do you have a regulation that you think should be changed or rescinded? Well, now is your chance to formally make that request. The government has made it easy by setting up a website where anyone can submit their suggestions in several minutes...<a href="https://insights.michaelbest.com/post/102k8ws/opportunity-to-suggest-changes-to-federal-regulations?news" target="_blank">Read more</a>

EPA Warns of Fraudsters Issuing Fake NOV Letters

The U.S. Environmental Protection Agency Office of Inspector General has issued an alert warning against a phishing scam involving fake EPA Notice of Violation (NOV) letters. Fraudsters send falsified letters claiming violations and requesting...<a href="https://insights.michaelbest.com/post/102k78m/epa-warns-of-fraudsters-issuing-fake-nov-letters?news" target="_blank">Read more</a>

Rows of leafy green plants being watered inside a large greenhouse with overhead irrigation systems.

Greenhouse interior with rows of young green plants being watered by overhead misting systems.

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