Full-Service Law Firm solving complex challenges through bold thinking, precise execution, and shared purpose.

Full Service Law Firm | Michael Best & Friedrich LLP

Specializing in the Intersection of Business &amp; Government

Meet our team of trusted advisors, strategic thinkers, and community builders dedicated to client success.

Learn about our full-service legal and business solutions, designed to address complex challenges for leading organizations across industries.

Access thought leadership, news, and resources to stay informed about the latest trends, legal developments, and industry innovations.

Discover how partnership, bold thinking, and precise execution drive results for clients nationwide.

Explore how our national reach and local expertise support clients across the United States and beyond.

Grow at a firm designed to bring out your best.

During his first day in office, President Trump issued a flurry of executive orders, including a Regulatory Freeze Executive Order, effective January 20, 2025. The executive order titled “<a href="https://www.whitehouse.gov/presidential-actions/2025/01/regulatory-freeze-pending-review/">Regulatory Freeze Pending Review</a>” mandates a halt on all rulemaking and new regulations across federal agencies, including the U.S. Food and Drug Administration (FDA), until they are reviewed and approved by agency heads appointed by President Trump. This regulatory freeze is not unprecedented and is similar to actions taken by previous incoming administrations.

core/paragraph

core/heading

The Regulatory Freeze Executive Order directs all federal agencies to do the following:

No New Rules: Agencies are prohibited from proposing or issuing any new rules until they have been thoroughly reviewed and approved by a President-appointed agency head.

core/list-item

Withdrawal of Unpublished Rules: Any rules that have been sent to the Office of the Federal Register (OFR) but not yet published must be withdrawn for review.

Postponement of Effective Dates: Agencies are instructed to consider postponing for 60 days the effective dates of any rules that have been published but have not yet taken effect to allow for review regarding questions of fact, law, and policy that the rules may raise. During the 60-day postponement, agencies may open a comment period for public input and reevaluate pending petitions.

core/list

The FDA will be significantly affected by this regulatory freeze. The agency will need to review all pending rules to ensure they align with the new administration's policies. This review process could lead to modifications or cancellation of some regulations. Any new FDA regulations that were in the pipeline but not yet effective will be postponed. This could include food safety regulations related to the following:

FDA revoking the use of Red No. 3 in food and ingested drugs.

FDA proposed rule regarding Front-of-Package Nutrition Labeling.

FDA final rule on the “Healthy” nutrient content claim which is not effective until February 25, 2025.

FDA final rule on traceability (FSMA 204) which is not effective until January 2026.

USDA Food Safety and Inspection Service proposed rule regarding Salmonella as an adulterant at certain levels in raw poultry.

Upon the new administration’s review, the rules will either move forward, be withdrawn, or be subject to additional rulemaking activities. According to the executive order, no further action needs to be taken for those rules that raise no substantial questions of fact, law, or policy.

Close-up view of large classical stone columns with detailed bases.

President Trump’s Regulatory Freeze Executive Order and its Impact on the FDA

Related People

You may also be interested in these

Michael Best Welcomes Dana Bell as Senior Counsel in Intellectual Property Practice

Seventh Circuit Grapples with BIPA Amendment.

Federal Court Blocks Oregon EPR Law — Implications Beyond Oregon

Related People

You may also be interested in these

Michael Best Welcomes Dana Bell as Senior Counsel in Intellectual Property Practice

Seventh Circuit Grapples with BIPA Amendment.

Federal Court Blocks Oregon EPR Law — Implications Beyond Oregon

Slide Menu

Slide Search