Regulatory Freeze Executive Order

Effective January 20, 2025, President Trump issued a Regulatory Freeze Executive Order, which will have a direct impact on regulated industries.

The regulatory freeze order, consistent with the actions of previous incoming administrations, effectively halts any rulemaking or similar regulatory activity until the new administration has had an opportunity to review what the previous administration proposed or promulgated. In this case, the order:

• Precludes federal agencies from proposing or issuing a rule until a department or agency head appointed or designated by the Trump administration reviews and approves the rule.
• Requires agencies to withdraw rules that have been sent to the Federal Register but not published so they can be reviewed and approved.
• Directs agencies to “consider postponing” for 60 days the effective date for rules that have been published or issued in the Federal Register but have not taken effect so they can be reviewed regarding questions of fact, law, and policy that the rules may raise.

Food, Dietary Supplements

• FDA revoking the use of Red No. 3 in food and ingested drugs
• FDA proposed rule regarding Front-of-Package Nutrition Labeling
• FDA final rule on the nutrient content claim “Healthy” because it is not effective until February 25, 2025
• FDA final rule on traceability (FSMA 204) because it is not effective until January 2026
• USDA Food Safety and Inspection Service proposed rule regarding Salmonella as an adulterant at certain levels in raw poultry
• Proposed Dietary Supplements Access Act which would allow consumers to use their FSAs and HSAs to purchase dietary supplements
• Dietary Supplement Listing Act introduced in 2024

Tobacco

• Proposed Tobacco Product Manufacturing Practices (TPMP’s)
• Proposed Rule on Tobacco Product Standard for Nicotine Yield of Cigarettes and Certain Other Combusted Tobacco Products

While these regulatory actions are subject to review it does not mean they will be discarded or rescinded. However, these rules will be reviewed by the new administration. After which, they will move forward unchanged, withdrawn, or subject to additional rulemaking activities.

EAS Consulting Group will closely monitor these and other FDA updates throughout 2025 and beyond, communicating expectations and analyses to our clients as available.

In the meantime, a thorough review of your regulatory compliance systems may be warranted so that you will be able to quickly understand and pivot to the FDA and USDA expectations. Reach out to your regulatory partners at EAS Consulting Group with help determining regulatory compliance.