Deep cuts at HHS, including FDA; Canada’s action plan for managing avian flu; Utah’s fluoridation ban; soda; tariffs; eggs
Makary confirmed. On March 25, the Senate confirmed the nomination of Dr. Martin A. Makary as FDA Commissioner, 53-47. See our coverage of Makary’s comments during his confirmation hearing in our previous issue.
Deep cuts across HHS. On March 31, 10,000 health workers were laid off across the Department of Health and Human Services, slashing employees from a broad swathe of offices across every function of the department. The 10,000 job cuts this week are on top of 10,000 earlier job cuts and affect scientists, researchers, officials, and staff at every level. Entire units have been eliminated or hollowed out, among them teams focusing on testing foods, testing medical devices, preventing infectious diseases, preventing birth defects, addressing substance abuse, preventing gun injuries, preventing HIV, responding to avian flu, enforcing tobacco regulations, and helping the disabled and elderly. Reportedly, more than 250 people were cut from the FDA's Human Foods Program, including staff who were part of the teams supporting the avian flu response. The FDA’s entire press office was eliminated, as was its Office of Management. Numerous regional offices have been shut down, and numerous National Institutes of Health (NIH) research grants have been cancelled. Some senior HHS officials were reassigned to the Indian Health Service and given the choice of postings to sites in such states as Alaska, Oklahoma, or New Mexico. Among those who have reportedly been reassigned is Dr. Kayla Laserson, Director of the CDC’s Global Health Center. Brian King, Director of the Center for Tobacco Products, has been forced out. Later in the day, Dr. Robert Califf, the former FDA Commissioner, wrote on social media, “The FDA as we know it is finished, with most of the leaders with institutional knowledge and a deep understanding of product development and safety no longer employed.” History, he continued, will see this as “a huge mistake.” Also on March 31, HHS Secretary Robert F. Kennedy, Jr. posted a video on social media of the swearing-in ceremonies for Dr. Martin A. Makary as FDA Commissioner and Dr. Jay Bhattacharya as Director of the National institutes of Health, with the comment “Welcome aboard. The revolution begins today.”
These cuts were among those forecast last week in the Department of Government Efficiency’s (DOGE) fact sheet, “HHS’ Transformation to Make America Healthy Again,” a high-level description of DOGE’s plans for restructuring HHS. The plan features deep personnel cuts, closing of many regional offices, and consolidation of many functions. The department’s current workforce of 82,000 full-time works will be slashed to about 62,000. FDA, for instance, is slated overall to ultimately lose “approximately 3,500 full-time employees, with a focus on streamlining operations and centralizing administrative functions.” The plan stated that the cuts at FDA “will not affect drug, medical device, or food reviewers, nor will it impact inspectors.” The CDC, the fact sheet states, “will decrease its workforce by approximately 2,400 employees, with a focus on returning to its core mission of preparing for and responding to epidemics and outbreaks.” Also see our Avian flu update in this issue, below.
Sweeping new reciprocal tariffs. On Wednesday, April 2, President Trump held a press conference to describe and sign an Executive Order (EO) establishing sweeping “reciprocal tariffs” on nearly all imports to the US. Effective 12:01 AM April 9, the reciprocal tariff rates will increase from 10 percent to special, individualized rates, for the countries listed in the EO’s Annex I; any countries not listed in Annex I, or otherwise exempted, will continue to be subject to 10 percent reciprocal tariffs. Unless otherwise specified below and in the EO, these reciprocal tariffs will apply in addition to any existing tariffs, duties, or taxes. See our alert. You may also wish to register for our April 9 CLE webinar, Navigating the latest tariff announcements: Economic and tax considerations.
FDA extends compliance deadline for Food Traceability Final Rule. The FDA has granted a 30-month extension for the Food Traceability Final Rule, giving companies additional time beyond the original January 2026 deadline to meet the rule’s enhanced traceability requirements. In a recent Constituent Update, the agency said it “remains committed to successful implementation of the full requirements of the final rule” and that those requirements will not change, because they “will allow for faster identification and removal of potentially contaminated food from the market, resulting in fewer foodborne illnesses and deaths.” The rule, issued in 2022 in accordance with the Food Safety Modernization Act, sets out enhanced recordkeeping requirements and applies to domestic and foreign entities producing food for US consumption. Many large companies are already in compliance with its requirements.
HHS and FDA roll out Chemical Contaminants Transparency Tool for Foods. The HSS has rolled out the Chemical Contaminants Transparency Tool, a searchable database allowing users to find out about possible chemical contaminants in foods and other products. The tool takes information about contaminant levels for poisonous or deleterious substances in human food that is already publicly available in an array of FDA regulations and guidance documents and consolidates it in one location. A search provides users with such information as the contaminant name, the commodity it has been found in, contaminant level type (for instance, guidance level, action level), and reference information (that is, where the contaminant is described, such as the Code of Federal Regulations or FDA Guidance for Industry). Users may also search the database by contaminant type.
FDA updates Food Allergen Q&A Guidance. On March 26, the FDA published the fifth edition of its Food Allergen Q&A Guidance, Questions and Answers Regarding Food Allergens, Including the Food Allergen Labeling Requirements of the Federal Food, Drug, and Cosmetic Act, including a searchable navigation format. The Guidance consolidates the draft and final Food Allergen Q&A Guidance issued on November 30, 2022, to help the food industry meet legal requirements regarding the nine major food allergens – eggs, fish, milk, tree nuts, crustaceans, wheat, peanuts, soybeans, and sesame – on the labels of FDA-regulated foods. Among the updates reflected in the Guidance: an expanded definition of eggs from birds other than chickens and milk from ruminants other than cows. Several tree nuts, including coconut, are no longer being considered major food allergens under the updated Guidance.
Soda bans coming under SNAP. The Trump Administration will allow states to ban purchases of soda using Supplemental Nutrition Assistance Program (SNAP) benefits. While the SNAP program is administered by USDA, this announcement was made by HHS Secretary Robert F. Kennedy Jr., who is leading the Make America Healthy Again (MAHA) Commission, while speaking in Martinsburg, West Virginia. West Virginia Governor Patrick Morrissey praised Kennedy and went on to announce new “work, training and educational requirements” for SNAP recipients. The requirements of the SNAP program are set forth under federal law. Thus, in order for states to exclude soda from SNAP eligibility, State governors must request and be granted a waiver from the USDA permitting the exclusion of specific item(s). On March 28, Morrissey signed a letter of intent indicating that he will request such a waiver. After the West Virginia event, USDA Secretary Brooke Rollins commented on X, “We’re Making American Healthy Again!” Rollins thanked Governor Morrissey “for leading the way – I look forward to your food stamp pilot request as we build a healthier & safer food supply.” Bills are pending in several states and in Congress that would restrict SNAP benefits from paying for soda, candy, and other items. Also at the Martinsburg event, Kennedy stated that food companies had used science to make their products addictive, just as tobacco firms had.
Deliveries to food banks suspended. Tens of thousands of food shipments to food banks across the US have been indefinitely suspended by the USDA without warning or explanation, along with federal funds to support food bank operations. In some regions, numerous loaded tractor-trailers already on the road were turned back. Last year, about $500 million was allocated by the USDA for food deliveries to food banks via the Emergency Food Assistance Program. Most of those deliveries have been cancelled. In addition, in March, the USDA also cancelled two major nationwide nutritional programs, the Local Food for Schools Cooperative Agreement Program, which helped childcare facilities and schools buy food from nearby farms, and the Local Food Purchase Assistance Cooperative Agreement Program, which supports food banks and other feeding organizations. Those two programs had been expanded under the Biden Administration to build a more resilient food supply chain. Furthermore, emergency food programs under such federal programs as the Community Credit Corporation are also facing major cuts. Since 2020, food prices in the US have risen about 20 percent.
West Virginia Governor signs law banning food dyes, preservatives. On March 24, West Virginia Governor Patrick Morrisey signed HB 2354 into law, banning certain synthetic dyes and preservatives from commercially sold foods, including as ingredients in meals served by schools or school nutrition programs This law, inspired by the Make America Healthy Again (MAHA) movement, is broader in scope and context than the 2024 California law, making West Virginia the first state to enact a comprehensive statewide ban on certain artificial food dyes and preservatives. Specifically, this new law will prohibit seven synthetic dyes - Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, and Green Dye No. 3. These seven synthetic dyes will be prohibited in school meals starting August 1, 2025. The ban will extend to include preservatives butylated hydroxyanisole (BHA) and propylparaben in all food and drugs sold statewide by January 1, 2028. There has been considerable industry pushback on this legislation. Many industry members have called it unnecessary and argue that this matter should be decided on an individual basis through product transparency and consumer choice.
Utah bans fluoridated water. On March 27, Utah Governor Spencer Cox signed HB 81, making Utah the first state to ban the addition of fluoride to public drinking water systems. The law aligns with the Make American Healthy Again movement’s skepticism about public water fluoridation. Governor Cox, indeed, has compared fluoridated water to being “medicated” by the government. Fluoride is added to drinking water in small amounts because it replacing dental minerals lost during normal wear and tear, strengthening teeth and reducing cavities; fluoridation is widely regarded as one of the great public health achievements of the 20th century. The American Dental Association strongly criticized the ban, stating that it shows Utah legislators’ "wanton disregard for the oral health and well-being of their constituents” and noting that poor oral health has been linked to low birth weight and chronic illnesses like diabetes and cardiovascular disease. Similar bills are making their way through a number of other state and local legislatures. Connecticut, in contrast, is considering SB 7, far-ranging public health legislation which among other things would shield the state’s water systems from shifting federal fluoridation recommendations. Its sponsor, Senator Saud Anwar, MD (D-South Windsor), stated that since federal recommendations may not be based on science for much longer, “we had to do the responsible thing.” The Utah bill goes into effect May 7.
China places retaliatory tariffs on some Canadian farm and food products. On March 8, China imposed retaliatory tariffs on over US$2.6 billion worth of Canadian agricultural and food products, including a 100 percent tariff on canola oil and meal, oil cakes, and pea imports and a 25 percent duty on aquatic products and pork. These measures were in response to Canada's October 2024 100 percent tariff on Chinese-made electric vehicles and 25 percent tariff on Chinese steel and aluminum products. As previously reported, in September 2024, China launched an “anti-dumping” investigation into canola imports from Canada and announced the new tariffs as a result of the investigation. China is Canada’s largest market for canola seeds, oil, and meal exports. According to the Canola Council of Canada, trade with China generated nearly $5 billion in economic activity last year, with canola meal accounting for close to $1 billion. The Canadian agriculture sector expressed significant concern, highlighting the potential for devastating impacts on farmers and urging the federal government to engage with China to resolve the dispute.
Government of Canada publishes State of Per- and Polyfluoroalkyl Substances Report and proposed Risk Management Approach. In March 2025, the Government of Canada published the State of Per- and Polyfluoroalkyl Substances (PFAS) Report, concluding that most PFAS, excluding fluoropolymers, are toxic under the Canadian Environmental Protection Act, 1999 (CEPA). Concurrently, a proposed Risk Management Approach was introduced and is open for public consultation until May 7, 2025. The Risk Management Approach outlines a three-phase plan to reduce environmental and human exposure to PFAS:
- Phase 1: Address PFAS in firefighting foams (not currently regulated), due to high potential for environmental and human exposure
- Phase 2: Address the uses of PFAS in consumer products where alternatives exist, such as certain textiles, ski waxes, building materials, and food packaging materials, and
- Phase 3: Evaluate sectors requiring further consideration through stakeholder engagement and further assessments.
California bill would define ultra-processed foods, ban them from school menus. A bill introduced to the California legislature in March would require the California Office of Environmental Health Hazard Assessment (OEHHA) to create a statutory definition of “ultra-processed foods” (UPFs) so that “particularly harmful” UPFs can be removed from the menus of California public schools. Under AB 1264, the removal of such UPFs would be phased in starting in 2028, with complete elimination by 2032. The bill was introduced by Assemblymember Jesse Gabriel (D-Encino), who is known for introducing the landmark California Food Safety Act, AB 418, which bans brominated vegetable oil, potassium bromate, propylparaben, and FD&C Red Dye #3 from foods.
Extended producer uncertainty: Groundbreaking California packaging law faces setbacks. Two significant developments have recently emerged concerning California’s Extended Producer Responsibility (EPR) law, SB 54, which aims to phase out single-use plastics. The landmark law for packaging and plastic food service ware faces uncertainty and controversy: the March 7, 2025 deadline for finalizing its regulations has passed without action from the governor’s office, and an anonymous ethics complaint has been filed against Rachel Wagoner, the former director of CalRecycle. Implementation in other states remains on track, with initial reporting deadlines of March 31, 2025 in Oregon and July 31, 2025 in Colorado. Our concise alert covers these developments. You may also enjoy the recording of our recent webinar “Navigating EPR compliance: Legal strategies for consumer goods, food, and retail companies.” Those interested in receiving information regarding the presentation may reach out to Carolyn Hennessey.
Top causes of foodborne illness in the US. Salmonella was the top cause of US foodborne illness deaths in 2019, according to new research published in the April 2025 issue of Emerging Infectious Diseases. The researchers examined the 9.9 million cases of foodborne disease in the US caused by seven major foodborne pathogens in 2019: Campylobacter, Clostridium perfringens, invasive Listeria monocytogenes, norovirus, nontyphoidal Salmonella serotypes, and Shiga toxin-producing E. coli (STEC). Of those pathogens, the researchers found, norovirus caused the largest number of illnesses, with 5.5 million cases, as well as the largest number of hospitalizations. However, the largest cause of death from foodborne illness was Salmonella. The researchers also noted that the true number of foodborne illnesses is underreported. Such research is important, the scientists stated, because “estimating the number of illnesses caused by foodborne pathogens is critical for allocating resources and prioritizing interventions.” Before this, the previous study of causes of foodborne illness in the US was conducted in 2011.
CSPI study casts some doubt on FDA conclusions on sodium reduction. On March 24, the nonprofit Center for Science in the Public Interest issued a report that casts some doubt on a recent FDA finding that food manufacturers have been working successfully to reduce sodium in the US food supply. The CSPI findings, written with the collaboration of researchers at the Kaiser Permanente Bernard J. Tyson School of Medicine and the Johns Hopkins School of Medicine, reanalyzed publicly available data, concluding that the news about sodium reduction by the food industry was a little less “encouraging” than the FDA had let on. The CSPI and its allied researchers found that the magnitude of change in food categories was very small, with a median change of negative 3 percent overall across all the food categories. But 11 food categories – primarily representing foods sold in restaurants – increased in sodium by 25 percent or more. Only seven categories of food decreased in sodium by that amount or more, according to the study.
Avian flu update.
- In an interview on Fox Nation, HHS Secretary Robert F. Kennedy Jr. has suggested that instead of culling poultry when bird flu is discovered, farmers “should consider maybe the possibility of letting it run through the flock so that we can identify the birds, and preserve the birds, that are immune to it.” Kennedy’s department does not have jurisdiction over farms, but Agriculture Secretary Brooke Rollins has expressed similar views. “There are some farmers that are out there that are willing to really try this on a pilot as we build the safe perimeter around them to see if there is a way forward with immunity,” Rollins told Fox News in February. Many veterinary scientists and disease experts, however, believe that letting the virus sweep through poultry flocks unchecked would be inhumane and dangerous and would have enormous economic consequences. “That’s a really terrible idea, for any one of a number of reasons,” said Dr. Gail Hansen, a former state veterinarian for Kansas. In the wake of his comments, USDA spokespeople affirmed that department policy is still to require culling of H5N1-infected flocks.
- This week’s huge cuts at HHS will also affect the US response to avian influenza. Among those fired on March 31 were more than 130 staff in the FDA's Center for Veterinary Medicine (CVM), which oversees medicines and foods given in the US to animals. The top scientists overseeing the nation’s response to avian influenza were also fired. According to reports, almost all of its administrative staff has been fired, as well as virtually the entire CVM leadership team, with the exception of the center’s director, Tracey Forfa. Also ousted was Dr. Hilary Marston, the FDA’s Chief Medical Officer, who has been closely coordinating the agency's bird flu response with CVM's veterinarians while leading its oversight of human vaccines and drugs for treating avian flu. Human Foods Program staff who were part of the teams supporting the avian flu response were also fired. At the same time, the CDC saw more than 80 people cut at the Biomedical Advanced Research and Development Authority and the Administration for Strategic Preparedness and Response, which oversees funding of pandemic stockpiles of influenza vaccines and treatments. Further cuts to HHS are expected.
- The Chief Science Advisor of Canada has released an action plan for managing avian flu in Canada. The Managing Avian Flu: Science Roadmap and Action Plan is a strategic initiative by the Government of Canada aiming to address the challenges posed by HPAI, particularly the H5N1 strain. The Roadmap and Action Plan take a One Health approach – integrating human, animal, and environmental health efforts. Urgent scientific priorities include understanding how and where the virus spreads across species; investigating virus biology, including evolution, host susceptibility, and pathogenicity; developing monitoring, diagnostic, and control strategies for early detection and response; and advancing vaccines and treatments to prevent and mitigate outbreaks. The government’s immediate focus is on H5N1 research and medical countermeasures, with the potential to extend these strategies to other avian influenza viruses in the future.
- Wild Coast Pet Foods has “transitioned to fully cooked poultry recipes to eliminate any potential risk” to cats of avian flu, the company said in a letter to its customers. Wild Coast recently recalled all its feline poultry products after cats fed some batches were infected with H5N1; Of those pets, only one survived. According to the USDA, 125 house cats across the US have been infected with avian flu since 2022, with about half of those infections taking place this year. Most of the cats fell ill after ingesting commercially manufactured raw pet foods or raw milk. This year, three raw pet food manufacturers across the country have issued recalls for certain lots of their products due to H5N1 contamination. In January, the FDA warned food manufacturers of the dangers of using uncooked meats and urged them to reassess their food safety plans. Scientists are noting that the meat from birds culled in H5N1 outbreaks may be sold on for use in foods. It is likely that bird flu cases among cats are being underreported – there is no active surveillance for bird flu in healthy cats.
- The wholesale price of eggs is rapidly falling. On February 21, the average wholesale price of eggs in the US was a record-high $8.15. On March 21, that price had already tumbled to $3.27; on March 28, the USDA reports, it was at $3. This year up to March 21, more than12 percent of the US population of caged egg-laying hens has been culled due to the spread of H5N1. H5N1’s rampage through commercial egg operations, however, is not abating: on March 26, the Indiana State Board of Animal Health announced that a commercial flock of 23,700 egg-laying hens in Kosciusko County has been quarantined following the detection of avian influenza. At this writing, this year more than 8.3 million laying hens have been culled in Indiana alone.
- The UK Health Security agency has detected H5N1 in a sheep – the first known case in the world and the latest sign that the virus is continuing to adapt to new hosts. Avian flu had previously been found in poultry on the same farm; other sheep on the farm were also tested for H5N1 and appeared to be healthy. A Cornell University study reported in the Journal of Wildlife Diseases in mid-March found that H5N1 has spread to wild bobcat populations in New York state.
- A study published in March in Emerging Microbes & Infections documenting an outbreak of H5N1 in poultry in British Columbia found a concerning mutation: the presence of the H275Y mutation in the neuraminidase gene, which is understood to confer resistance to oseltamivir. Marketed under the trade name Tamiflu, oseltamivir is an antiviral that blocks the actions of the influenza virus in the human body.
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