Fifty States, Fifty Regulatory Requirements? The not-so slow Fracturing of Interstate Commerce in the United States

The U.S. Food and Drug Administration (FDA) and U.S. state regulators cooperate to enforce federal laws and regulations, and work jointly on inspections and enforcement efforts. The Food, Drug and Cosmetic Act (FD&C Act) has, for almost a century, been the law of the land for food safety.

In 2025, more than 100 bills were proposed in U.S. state legislatures focused on food safety issues, some calling for bans or warning labels and many without any scientific justification or assessment regarding the actual safety of the products or substances being banned. The FDA is not taking proactive steps to engage on these state bills or remind state legislators of its jurisdiction and legal authority. Where is this trend heading? How will we maintain food safety regulations at the national level? Will Congress provide answers?