As the “Make America Healthy Again” (MAHA) movement gains momentum, companies face uncertainty in a changing landscape as new regulations are being passed at the state and federal level that will require label review, potential modification and possibly reformulation to ensure compliance.
For example, the U.S. Food and Drug Administration (“FDA”) has taken action to phase out petroleum-based synthetic dyes, implement more rigorous safety evaluations and alter the Generally Recognized as Safe (“GRAS”) framework. On September 17, 2025, the FDA proposed revocation of the use of petroleum-based food dye Orange B as a color additive in food, discussed in more detail in its update on the matter.
Industry advocacy groups, such as the International Foodservice Distributors Association (“IFDA”) and the Consumer Brands Association (“CBA”), provide members with resources on federal and state policies related to changing regulations so that businesses can stay current on developments. In a CBA press release, President & CEO Melissa Hockstad noted, “For decades, the makers of America’s trusted household brands have innovated to meet the evolving preferences of consumers. This is an example of companies taking voluntary action to remove safe ingredients to meet consumer demand for alternatives.” Even with proactive changes, the search for viable ingredient alternatives continues to create supply chain and manufacturing hurdles.
Safeguarding Brands Amid Shifting Rules
Emerging brands are challenged to allocate limited resources between regulatory compliance and growth. Adapting to evolving rules often requires reformulation and label changes, as well as forward-looking decisions about whether to align with anticipated regulatory trends or accept the risk of future compliance issues at the state and federal levels. At the same time, supply chains remain strained, as demand rises for alternative ingredients gaining traction under new health and safety standards. Developing an internal tracker to manage regulatory developments on key ingredients can help teams prioritize updates and manage reformulation and/or labeling update timelines more efficiently.
To mitigate these risks, companies should actively monitor FDA guidance and state-level developments. Incorporating flexibility into product formulation and commercialization strategies enables brands to pivot quickly as requirements evolve. Clear communication among suppliers, manufacturers and buyers is critical for effective planning as ingredient availability shifts. In addition, strengthening supplier agreements and engaging in scenario planning can provide important safeguards against shortages and production disruptions. Engaging with industry alerts can help smaller teams stay informed about changes, while regular supplier attestations can ensure that compliance remains consistent across the supply chain. Establishing quarterly compliance reviews with key suppliers covering additive lists, labeling updates and ingredient availability helps reduce the risk of last-minute reformulation and sourcing delays.
Emerging brands can lean on co-manufacturing partners and establish a cadence of regular meetings among procurement, QA and R&D resources to help surface potential issues before they impact production. Adding periodic third-party verification for high-risk additives and processing aids along with pre-qualified backup ingredients and suppliers helps reduce the risk of unusable materials or production delays. Building modest contingency plans for different policy outcomes can position businesses to adapt quickly and maintain steady growth as regulations evolve.
Category Impact
While the “Make America Healthy Again” movement implicates the overall industry, certain product categories are affected more than others. The FDA’s plan to phase out synthetic dyes will have a significant impact on the beverage and confectionery categories, where reliance on synthetic dyes that give products their vibrant colors can act as a key point of differentiation. In beverages, natural alternatives to synthetic dyes can pose challenges to product stability, flavor changes and increased costs.
In confectionery products, the continued exposure to high heat may break down or shift color properties, resulting in production inconsistencies. Recognizing these challenges, the National Confectioners Association (“NCA”) expressed support for the regulatory changes, emphasizing in a press release that “We follow and will continue to follow regulatory guidance from the authorities in this space, because consumer safety is our chief responsibility and priority.” These developments underscore the need for companies to build resilient supply chains, adopt proactive compliance strategies and explore alternative formulation options.
As regulatory changes continue to accelerate, companies that take a proactive and coordinated approach will be best equipped to adapt. Building flexibility into supply chains, monitoring policy developments and maintaining strong communication among legal, quality and procurement teams can help minimize disruption and preserve consumer trust. A deliberate compliance strategy can lay the groundwork for long-term stability and sustained growth as the regulatory landscape evolves.
For questions or guidance on how the proposed changes impact your products, contact Foster Garvey’s Food & Beverage
Hillary Hughes is a Principal at SKU partner Foster Garvey, where she leads the firm’s Consumer Brands, Food & Beverage, and Sports & Entertainment practices. With more than 20 years of experience, she advises founders, investors, and established companies on everything from brand formation and financing to product labeling, IP strategy, and complex commercial deals. Hughes is also a SKU mentor.
A trusted partner to some of the most innovative CPG startups, Hillary brings a deep understanding of the challenges facing mission-driven and high-growth brands. Her clients span categories including food tech, beauty and wellness, apparel, and lifestyle products. Recognized by Chambers USA and Super Lawyers, Hillary is known for her practical, forward-thinking counsel and her passion for helping entrepreneurs scale responsibly in a changing regulatory landscape.
Jake Riggs is an associate in Foster Garvey’s Business & Corporate Finance practice, where he helps emerging and established brands grow and protect their businesses. Before practicing law, Jake built and scaled consumer brands and led supply chain operations for more than 50 D2C and B2B companies. His hands-on experience gives him a practical, business-minded approach to supporting founders and growing brands.