Food & Chemicals Unpacked
Food & Chemicals Unpacked is a podcast that explores hot topics in the food and chemical industries. Hosted by Keller and Heckman Partners Mark Thompson and Katie Skaggs, it provides a bird's eye view of emerging legal and scientific issues. The show covers legislative developments, new regulations, and non-governmental initiatives affecting food, chemical, packaging, and consumer product industries. Each episode includes critical information and supporting resources from Keller and Heckman's blogs.
Episodes
USA on Display: How "Made in America" Claims Are Regulated
“Made in the USA”—or maybe just claiming to be “Born in the U.S.A.”— simple claim, complicated rules. Keller and Heckman Partner Rick Mann, Counsel Antonia Stamenova-Dancheva, and Associate Anushka Stein join the hosts to unpack the evolving legal landscape of the distinction between advertising claims and country-of-origin rules, as well as key federal and state requirements such as the FTC’s Mad
Green Claims Games: A Challenge to California's SB 343
Recyclable — or is it? California's SB 343 "Truth in Recycling Law" is facing a major constitutional challenge, and the implications for companies making sustainability claims are significant. Keller and Heckman Partners Sheila Millar and Ro Sabnis join our hosts to break down the legal theories behind the lawsuit, what the timeline means for companies facing a manufacturing deadline, and how this
Back in the PPWR: Revisiting the EU Framework for Packaging Sustainability
You don't know how lucky you are! Keller and Heckman Partner Hazel O’Keeffe returns to the podcast to provide the latest updates on the EU Packaging and Packaging Waste Regulation (PPWR).
With August 2026 compliance deadlines on the horizon, businesses across the supply chain are scrambling to get ready for the PPWR, but significant uncertainty remains. From PFAS restrictions and recycled content
Year in Review: Fare Thee Well 2025
What a long, strange trip it’s been for the industry this last year. In this episode, hosts Mark and Katie take a high-level look at the regulatory shifts that have shaped food and packaging in the last year, from FDA leadership changes and evolving approaches to food additives, GRAS, and ultra-processed foods, to rising state-level action on EPR, PFAS, and color additives. We also cover major glo
Packaging as a Consumer Product - When It's Not Just What's Inside That Counts
In this episode, Partner Sheila Millar, Counsel Antonia Stamenova-Dancheva, and Associate Anushka Stein join our hosts to break down the complex world of packaging regulations for consumer products. From identifying which types of packaging fall under federal scrutiny to preparing for major upcoming changes like CPSC eFiling in 2026, we dive into essentials for producers and importers.
We explore
Ultra-Processed Foods (UPF): What Are We Even Talking About?
In this episode of Food & Chemicals Unpacked, we’re joined by Dave Fusaro, Editor in Chief of Food Processing magazine, to unpack the growing debate over ultra-processed foods (UPFs). We discuss Mark Thompson's article, "Ultraprocessed Foods: What Are We Even Talking About?" along with recent regulatory and legislative developments, including the FDA’s request for information on UPFs, state-le
EPR You Keeping Up with Extended Producer Responsibility?
In this episode of Food and Chemicals Unpacked, we revisit Extended Producer Responsibility (EPR) for packaging, now rapidly advancing with deadlines approaching. Keller and Heckman Partner Rachel Bond returns to share updates on state implementation, reporting requirements, a legal challenge, and the latest legislative developments, including new study bills and growing momentum across the U.S.
Color Me Bad: The Push to Remove Color Additives from Food
In this episode, Keller & Heckman LLP Partner Eve Pelonis joins us to dive deep into the colorful world of color additives for food, drugs, and cosmetics, clearing up common misconceptions. We touch on important issues, including whether the GRAS exemption is applicable to color additives, and the recent attention on synthetic color additives by Secretary Robert F. Kennedy Jr. and the new admi
FDA Can’t Stop, Won’t Stop – Navigating the New Administration
In this episode of Food & Chemicals Unpacked, we dive into the current adjustments experienced at the U.S. Food and Drug Administration (FDA) so far under the Trump administration. Keller and Heckman Partner George Misko joins us to discuss the future of food safety regulations, including the downsizing of HHS under Secretary Robert F. Kennedy Jr., potential changes to the GRAS process, and FD
Making-Up for Lost Time: FDA’s Increased Oversight of Cosmetics
In this episode of Food & Chemicals Unpacked, we are joined by guest speakers, Partners Cynthia Lieberman and Rick Stearns, who dive into the recent evolution of FDA's cosmetics regulations. They explore the Modernization of Cosmetics Regulation Act (MOCRA), including new requirements relating to adverse event reporting, Good Manufacturing Practices, and other topics. The discussion also provi
Let's Pack It Up – 2024 Packaging Year in Review
In this episode, we reflect on key legal, scientific, and industry developments from 2024 that impact packaging and some insights on what to expect and prepare for in the upcoming year across the food and chemical industry.
Trash Talk: The EU's Packaging and Packaging Waste Regulation (PPWR)
This episode of Food & Chemicals Unpacked explores the Packaging and Packaging Waste Regulation (PPWR) currently being advanced in the European Union (EU). Keller and Heckman Partner Hazel O’Keeffe joins us to provide an overview of the proposed regulation, covering its main objectives and potential impacts on food packaging, cosmetics, and other consumer products. This talk addresses topics s
Economic Adulteration: Secrets in the Sauce
In this episode, we cover "economic adulteration," which is intentionally changing a food product's composition for an economic motive (e.g., removing or substituting a valuable ingredient or part of a food). This is often referred to as “food fraud." Keller and Heckman Partner Tony Pavel joins us to provide an overview of the history of economic adulteration in the U.S. and more globally, and how
Much Ado About TiO2
This episode provides an update on recent activity involving the use of food additive titanium dioxide (TiO2). It includes a brief background on the use of TiO2 followed by the recent inquiries into the safety of TiO2 in France and Europe, and a recent statement by FDA confirming the safety of the food additive. Dr. Ivan Boyer, a staff toxicologist at Keller and Heckman, shares his insights on the
Prop Bets: Weighing the Stakes with Proposition 65
This episode explores California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Partner Sophie Castillo, an attorney from Keller and Heckman’s California Proposition 65 and Litigation practices, shares her insights on complying with Proposition 65. Sophie provides background on the law, the significance of a Proposition 65 warning, preemption and other legal
The Notorious NAD: Challenge Accepted?
The 8th episode of Food & Chemicals Unpacked dives into the inner workings of the National Advertising Division (NAD), the advertising industry’s self-regulatory mini court. Keller and Heckman attorneys Katie Bond and Samuel (Sam) Butler, both from our Advertising and Promotion practice, join us to provide an overview of all things NAD. We cover its origin, the structure of NAD proceedings, th
Pit Stop at Chevron: Will We See a Difference in Deference?
In this episode, we take a more traditional legal focus and discuss potential changes to a cornerstone of federal administrative law called Chevron Deference. This standard has long governed how much deference federal courts give to decisions made by agencies, such as FDA and EPA. It is based on a 1984 case, Chevron v. Natural Resources Defense Council, that the Supreme Court recently agreed to re
Laying Claim: FTC’s Green Guides
This episode offers a roundtable discussion on the regulatory landscape surrounding “green claims” in the United States with Keller and Heckman partners Sheila Millar and JC Walker. This detailed conversation touches on numerous advertising claims of interest to brand owners that are currently under consideration by the Federal Trade Commission (FTC) in an effort to update its “Green Guides.” The
Extended Producer Responsibility: EPR You Ready?
The topic of this episode is Extended Producer Responsibility (EPR) programs for packaging materials, which have begun to proliferate in the U.S. Four states have now implemented EPR programs, others have proposed legislation, and more states are expected to follow suit in the years to come.
Keller and Heckman Partner Rachel Bond joins our hosts to discuss EPR and related sustainability issues. Ra
Blowing Smoke: FDA’s Evolving Regulation of Tobacco and Nicotine Products
This episode details the regulatory landscape for tobacco products and reports on current trends in the industry. Our team shares its knowledge of the process for obtaining authorization to market new tobacco products in the U.S. We also provide the inside scoop on industry-shaping litigation that Keller and Heckman has led. Finally, the episode discusses recent changes at FDA’s Center for Tobacco
Off the Shelf: An Inside Look at the Infant Formula Shortage
In this episode, we discuss the current shortage of infant formula in the U.S. with Food and Drug Partner Rick Stearns. In February 2022, a recall of infant formula produced at a single U.S. facility contributed to a major shortage in the infant formula market. To date, FDA continues its efforts to mitigate the effects of this shortage. As the disruptions to infant formula supply now show signs of
Chasing Arrows – The EU’s Plastic Recycling Scheme
Our second episode discusses an important development in Europe – a revision to the European Union’s rules on the use of recycled plastics in food packaging. This new law completely revamps how plastics recycling is regulated in Europe and will impact the entire supply chain, from recyclers to packaging manufacturers, and even everyday consumers. Our team also walks through some recent news on PF
PFAS and Furious
Welcome to the first episode of Food & Chemicals Unpacked! Today’s episode focuses on the regulation of PFAS in food packaging applications. This incredibly important issue affects a huge number of products in various markets. We provide an overview of these chemistries and summarize developments in the United States at both the Federal and State level on PFAS regulation. Additionally, our team
Trailer: Food & Chemicals Unpacked
An introduction to our a la carte podcast covering all things relating to the food and chemical industries. Food & Chemicals Unpacked will help you dig into the legal requirements and science surrounding food, packaging, chemicals, tobacco products, and much more. Learn how these products are regulated and insights on current news and developments in this space.
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