Insights on Food, Drug, Medical Device & Cosmetic

As the beverage and food industry enters 2026, companies face a rapidly changing legal environment shaped by an expanding litigation landscape, evolving regulatory frameworks, and renewed transactional activity.

The Centers for Medicare & Medicaid Services (CMS) has released detailed payment amounts, performance targets, and reporting requirements for the Advancing Chronic Care with Effective, Scalable Solutions (ACCESS) Model, applicable to care periods beginning July 5 through December 31, 2027.

On February 5, the US Food and Drug Administration (FDA) announced it will now allow food companies to use “no artificial colors” claims when foods do not contain any food, drug, and cosmetic (FD&C)-certified synthetic colors, shifting away from the historical view that such claims were only appropriate where no color was added at all.

The longevity ecosystem sits at the crossroads of health care, life sciences, consumer wellness, artificial intelligence (AI), and other emerging technologies.

FDA Counsel Emily Cowley Leongini will discuss FDA’s recent decision to withdraw a proposed rule that would have required standardized testing for asbestos in talc-containing cosmetics as part of the American Conference Institute’s FDA Regulatory Update Series for Cosmetics & Personal Care Products on February 9, 2026.

The US Food and Drug Administration (FDA) has approved a Phase 1 clinical trial from Life Biosciences that aims to help certain eye cells act younger and improve vision in glaucoma and related conditions.

FDA Practice Leader and Agriculture & AgTech Industry Leader Karen Carr will present to the Plant Agriculture & Pesticide Regulations policy committee at the 2026 National Association of State Departments of Agriculture (NASDA) Winter Policy Conference on February 3, 2026.

Per- and polyfluoroalkyl substances (PFAS) are used as intentionally added ingredients in some cosmetic formulations, primarily on account of their water- and oil-resistance and long-lasting properties, for conditioning and smoothing the skin and hair, or for modifying product consistency and texture.

On January 21, the US Food and Drug Administration (FDA) issued a draft guidance clarifying the agency’s authority to access and copy records related to cosmetic products under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). Cosmetic companies should take care to ensure that their recordkeeping policies and procedures comply with these requirements.

ArentFox Schiff is pleased to announce the additions of Partner Nichole D. Shustack, Counsel Michael Rudy, Senior Associate Isabelle R. Cunningham, and Director Helen C. Plunkett to its Food, Drug, Medical Device & Cosmetic Practice with a focus on the alcohol beverage industry. Nichole and Helen join in Washington, DC, with Michael and Isabelle joining in Boston and New York, respectively. Nichole and Isabelle are both recognized in Chambers USA 2025 and join ArentFox Schiff from a Chambers‑ranked team.

ArentFox Schiff is pleased to announce the launch of its Longevity & Healthspan Industry Group, a cross-sector initiative supporting the rapidly expanding ecosystem of companies advancing anti-aging innovation, wellness, and preventive health.

The US Food and Drug Administration (FDA) and the European Medicines Agency (EMA) just issued a joint statement outlining 10 “Guiding Principles” for using artificial intelligence (AI) in drug development.

With 2026 underway, the AFS Health Care team highlights some of the most pressing legal issues facing the health care industry this year.

On January 6, the US Food and Drug Administration (FDA) released two significant updates potentially important for companies operating in the consumer health technology space.

The US Food and Drug Administration (FDA) issued an inspectional observation (Form FDA 483) to a Texas med spa, Pure Indulgence Aesthetics, citing Drug Supply Chain Security Act (DSCSA) violations for dispensers.

Last month, the US Food and Drug Administration (FDA) issued a draft guidance explaining how it intends to implement the mandatory recall authority established under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).

Last month, a federal court in Maine halted the US Department of Health and Human Services (HHS) Health Resources and Services Administration’s (HRSA) 340B Rebate Model Pilot Program in its tracks — a mere four days before it was to go into effect.

For the first time in 26 years, the US Food and Drug Administration (FDA) has proposed adding a new active ingredient to the list of permissible sunscreen actives in the United States.

On December 18, President Trump issued an executive order (EO) directing the Attorney General to complete rulemaking to reschedule “marijuana” from Schedule I to Schedule III under the Controlled Substances Act (CSA) and to expand federal research and policy development on medical marijuana and hemp derived cannabinoids.

Public-facing debates over pharmaceutical drugs and life sciences products are as pronounced as ever. Although the ongoing scuffle over Tylenol has received the most attention, similar controversies abound. Just last month, Aurinia Pharmaceuticals filed a defamation complaint against a now-resigned US Food and Drug Administration (FDA) official over critical statements made about one of its drugs.

Federal regulators are taking a coordinated step to accelerate the responsible integration of digital health technologies into routine care.

The US Food and Drug Administration (FDA) has withdrawn its proposed rule on standardized testing methods for detecting and identifying asbestos in talc-containing cosmetics, almost exactly one year after publication.

A putative class action against Whoop, the wearable technology company, uses the US Food and Drug Administration’s (FDA) July 2025 warning letter regarding its new blood pressure product feature as a litigation springboard. The case shows how misalignment with regulators’ expectations can quickly cascade from agency scrutiny to consumer litigation.

The New Mexico Environment Department (NMED) recently proposed broadly applicable labeling requirements for all products (including consumer products) that contain intentionally added per- or polyfluoroalkyl substances (PFAS) — the first such requirements in the nation.

On November 21, the Centers for Medicare & Medicaid Services (CMS) issued a final rule announcing changes for Medicare payments for hospital outpatient services under the Hospital Outpatient Prospective Payment System (HOPPS).