The broad preemption provision in the proposed FDA FRESH Act could dismantle state and local food safety laws without establishing equivalent federal requirements, potentially affecting labeling, contaminant regulations, foodservice/retail, manufacturing, permitting, inspections, and other areas.
A Harvard Law report analyzes how federal preemption may impact the emerging patchwork of U.S. state bills on food chemical safety, categorizing the types of common legislation seen in 2025 and discussing possible legal and constitutional challenges.
