2025 Regulatory News Affecting The North American Food and Beverage Industry

Regulatory news affecting the North American food and beverage industry in 2025 reflects technological advancements, shopper behaviors and preference changes, and emerging food safety risks. Compliance with the new requirements for ingredients, labeling, and manufacturing processes ensures producers maintain trust in their brand and uphold commitments to supply safe, quality products.

Here are updates about new regulations or proposals in the U.S. and Canada.

What is a Healthy Food or Beverage? The FDA Weighs In

In December 2024 regulatory news, the U.S. Food and Drug Administration (FDA) revised the definition of “healthy” for food labeling, the first change since 1994.

The revision intends to align food labeling with current nutrition science and federal dietary guidelines and ultimately help shoppers choose foods and beverages that meet their dietary goals.

GUIDELINES FOR HEALTHY CLAIMS

Healthy foods and beverages must contain a meaningful amount of food from at least one of the recommended food groups, such as fruits, vegetables, grains, dairy, or proteins. In addition, nutrients such as saturated fat, sodium, and added sugars face limits depending on the food and its role in an overall diet.

For example, a snack bar with whole grains like oats, quinoa, or brown rice, minimal added sugars, and healthy fats from nuts or seeds could carry a “healthy” label. The snack bar must have at least ¾ oz equivalent of whole grain and no greater than 10% daily value of added sugar (5 grams of added sugar or less).

Under the new rule, beverages with minimal processing, low or no added sugars, and real food ingredients like fruit or vegetable juices can qualify as healthy. Beverages primarily designed to provide hydration, like unsweetened teas and flavored waters, also fall within the new guidelines.

The rule becomes effective on April 28, 2025, and manufacturers that want a “healthy” claim on product packaging must comply by February 28, 2028. Use of the “healthy” claim remains voluntary. The FDA is evaluating on-pack symbols brands could use.

FLAVOR CONSIDERATIONS IN HEALTHY PRODUCTS

Food and beverage brands that meet core food group requirements can incorporate flavor systems without affecting a healthy claim;  flavors don’t introduce significant added sugars, saturated fats, or sodium at their use levels.

Behind the Ban: Understanding BVO Prohibition in North American Products

A critical regulatory news topic affecting U.S. and Canadian food brands involves BVO (Brominated Vegetable Oil). The ingredient bonds vegetable oil with bromine to increase the density of flavoring oils (especially citrus), evenly distributing flavor systems in water-based liquids and stabilizing a beverage.

The ban addresses concerns about BVO’s adverse effects on peoples’ thyroid glands and nervous system.

In North America, BVO prohibition means flavor manufacturers must provide BVO-free formulations to ensure regulatory compliance. U.S.-based beverage brands must comply by August 2, 2025; Canadian brands must transition by August 30, 2025.

Canada’s Proposed Additive Modifications for 2025

Canadian regulatory news highlights proposed changes in food additive limits from Health Canada. Health Canada plans to define and regulate the specific food colors, emulsifiers, and preservatives allowed in two types of standardized flavoring preparations (Division 10 Flavouring Preparations B.10.003 and B.10.005). Specific sections of the proposal address (and clarify) additives and usage limits.

STANDARDIZED FLAVORING PREPARATIONS

Flavor products must meet specific regulatory definitions and standards, such as:

“(Naming the flavour) extract”

“(Naming the flavour) essence”

“(Naming the flavour) flavor”

ALLOWED ADDITIVES

The agency will specify the food colors, emulsifiers, and preservatives manufacturers can use to prepare standardized flavoring products, such as extracts, essences, and other flavor preparations.

ADDITIVE USAGE LIMITS

Revisions may include the maximum allowable levels for these additives to ensure manufacturers comply with Good Manufacturing Practices (GMPs) for quality and safety. A notable change recommends that the use of Acacia Gum Modified with octenyl succinic anhydride (OSA) in “(Naming the flavor) flavour” have a maximum level of 500ppm.

APPLYING THE PROPOSED ADDITIVE MODIFICATIONS

Example:  A manufacturer of lemon flavor wants to add color and a stabilizer to ensure consistent appearance and shelf life.

Advancing Transparency: An Update On U.S. Labeling

In our 2024 regulatory news report, we highlighted proposed FOP designs under evaluation by the U.S. Food and Drug Administration (FDA). The June 2024 guidance recommends food and beverage brands display simplified, at-a-glance nutrition information to help shoppers quickly and easily make more informed food selections.

The FDA submitted the researched proposal to the Office of Management and Budget (OMB) in November 2024. After the OMB’s Office of Information and Regulatory Affairs (OIRA) reviews the proposed rule, the Federal Register will publish it and open it for public comment.

While reviews usually take 60 days to complete, the guidance currently has “significant priority” with the agency.

The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) and the FDA published a request for information (RFI) on food date labeling. The RFI wants public input to help establish guidance about terms such as “Sell By,” “Use By,” and “Best By.” The agencies recommend the food industry voluntarily apply the “Best if Used By” label. Currently, federal regulations do not prohibit food and beverage manufacturers from using labeling phrases such as “Sell By” or “Use By” if they are truthful and not misleading. The deadline for comments is February 3, 2025.

California ruled on the topic in September 2024, prohibiting the “sell by” phrase and allowing the “best if used by” and “use by” terminology for foods and beverages sold in the state. Brands must comply with the regulation by July 1, 2026.

State-Proposed Food and Beverage Regulatory News

Several states introduced bills that could affect food and beverage manufacturers over the next few years.

PROHIBITED FOOD AND BEVERAGE ADDITIVES

California, Missouri, Oklahoma, and Texas legislation addressed bans on the manufacturing, sale, and distribution of BVO, potassium bromate, propylparaben, and red dye 3. The California, Missouri, and Oklahoma proposals extend to commerce, while the Texas guidance covers school meals. If passed, compliance in Oklahoma must happen by November 1, 2025; in California by January 1, 2027, and by January 1, 2028, in Missouri. The Texas legislation would take effect during the 2025-2026 school year.

Missouri and Oklahoma legislators broadened the list of proposed additives for regulation to include:

• Blue 1
• Blue 2 (OK)
• Red 40
• Yellow 5
• Yellow 6
• Bisphenol A (BPA) (MO)
• Di(2-ethylhexyl)phthalate (DEHP) (MO)
• Acrylamide (MO)
• Arsenic (MO)
• Cadmium (MO)
• Lead (MO)
• Mercury (MO)
• Titanium dioxide

In Missouri, manufacturers would need to name each chemical present in the food or beverage with a warning and a statement requiring cancer, birth defect, or other reproductive effects associated with the ingredient. Oklahoma’s proposal recommends a ban on ingredient use.

The Texas recommendations for school meals include:

• Azodicarbonamide
• Butylated hydroxyanisole (BHA)
• Titanium dioxide

NAVIGATING STATE INGREDIENT BANS

Tracking state-by-state regulatory news is essential to avoid violations and continue interstate commerce. Industry organizations, including the American Bakers Association, the International Dairy Foods Association, the National Alcohol Beverage Control Association, and the National Confectioners Association, can provide regulatory support. Flavor suppliers with regulatory teams can also address compliance questions.

Need More Details About North American Regulatory News?

FlavorSum’s regulatory team monitors regulatory news to help reduce the headaches associated with compliance in the food and beverage industry. We support a broad range of regulatory requests, from FIDS for your alcoholic beverage innovation to counsel about appropriate flavor solution labeling. When you partner with FlavorSum, you can easily download the technical and corporate documents you need to commercialize your product through our online portal, FlavorSum Access.

Contact our team for more details.