Brian P. Sylvester, J.D. is a Partner and Head of Food Regulatory in Morrison Foerster's FDA and Healthcare Regulatory and Compliance Group, and is an influential thought leader and practitioner in food tech regulation. Brian counsels clients across the full lifecycle of regulated products, serving global brands, startups, life sciences companies, investors, and trade associations. In the area of food and beverage, Brian develops regulatory strategies to commercialize a range of food tech innovations, including transgenic crops and alternative proteins, such as cultivated meat and fermentation-derived food ingredients, among others. He has been recognized by several legal industry awards and publications such as Chambers USA, Bloomberg Law, and The National Law Journal.

In this episode of Food Safety Matters, we speak with Brian [35:44] about:

• State-level food additive regulatory developments since the passage of the California Food Safety Act in October 2023
• How the "Make America Healthy Again" (MAHA) movement is shaping federal food additive and nutrition regulations
• Challenges and questions that arise from the growing number of state-level food regulations, including legality and constitutionality, implications for interstate commerce, and ensuring compliance
• Industry responses to FDA's push to phase out synthetic food dyes from the U.S. food supply
• California's recently passed legislation to establish a legal definition for ultra-processed foods (UPFs), and how it might affect a federally recognized UPF definition to be established in the future
• Practical recommendations for companies navigating the rapidly evolving U.S. regulatory landscape around food.

News and Resources

News

USDA Indefinitely Delays Enforcement of Salmonella as Adulterant in Raw Breaded, Stuffed Chicken [4:41]

Contamination in Infant Formula as Botulism Outbreak Grows; FDA Publishes Inspection Reports [18:38]

Unsolved German E. coli Outbreak Grows, Sickening Hundreds [28:52]

Codex Commission Adopts New International Food Standards at 48th Session [32:37]Codex Committee Discussions Held at CAC48 Cover Key Fishery Initiatives

Resources

Ep. 162. Brian Sylvester: How the California Food Safety Act is Shaping U.S. Food Additives Regulation

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