Food Law Gazette - February 2026

Articles | Food Law Gazette

February 13, 2026

Finance & Restructuring

Environment, Health and Safety

EU Regulatory

Litigation

King & Spalding is pleased to provide this edition of the International Food Law Gazette, a publication of our Food & Beverage Industry Group with lawyers in the U.S., Europe and the Middle East. The articles in this publication cover various issues and developments that are of particular interest to the food and beverage industry including restructuring opportunities for bankrupt restaurants, U.S. food-related updates on extended producer responsibility laws, the impact of the new Packaging and Packaging Waste Regulation in the EU and the impact of a Ninth Circuit decision regarding putative consumer deception.

Back and Better Than Ever: How Bankruptcy Can Offer Restaurants a Strategic Reset

Sarah Primrose, Christopher Coleman, Brooke Bean, Matthew Smith

Restaurant operators have grappled with significant change in the past few years. The lingering impact of the COVID-19 pandemic, combined with a daunting collection of economic issues, including rapidly increasing labor costs, inflationary pressures, elevated interest rates, and changes in tariff policy have had a particular effect on the hospitality industry. For example, according to the June 2025 Producer Price Index, food costs have risen approximately twenty-one percent (21%) compared to the same month just four years ago. More »

Extended Producer Responsibility Laws - Catching a Moving Train

Cynthia Stroman

Food and beverage companies are subject to extended producer responsibility (“EPR”) laws in several U.S. states. These EPR laws aim to shift responsibility for recycling and end-of-life management of packaging from states and municipalities back to the producers and generally require producers to register with a producer responsibility organization (“PRO”) and pay fees based on the amount of packaging associated with products sold in that state. To date, Circular Action Alliance (“CAA”) is the only approved PRO for food and beverage products. In some states, producers must also achieve recyclability or packaging reduction targets. More »

Packaging in the EU: All Manufacturers Need to Meet the New Requirements of the New Packaging and Packaging Waste Regulation (PPWR) - What has to be done?

Ulf H. Grundmann, Carolin Welker

On August 12, 2026, the new EU Packaging and Packaging Waste Regulation (“PPWR”) will be into force. Manufacturers must be prepared by then. The new Regulation (EU) No 2025/40 is part of the European Green Deal and sets the course for a circular, resource-saving and climate-neutral packaging industry. The PPWR covers the entire life cycle of packaging – from production and placement on the market to re-using, recycling and disposal. The objective is to transition to a harmonized circular economy in which all packaging is to be gradually made reusable or recyclable and packaging waste is to be reduced across all industries. More »

Ninth Circuit Confirms and Clarifies Consumer Deception Class Action Principles in Appeal in which King & Spalding Prevailed on Behalf of the Campbell's Company

Dale Giali, Rebecca Johns

On December 10, 2025, King & Spalding secured a victory on behalf of The Campbell’s Company when the Ninth Circuit issued a decision affirming dismissal of a putative consumer deception class action alleging that Campbell’s Kettle Brand Air Fried potato chips were falsely advertised. See Husain v. Campbell Soup Co., 2025 WL 3539131 (9th Cir. Dec. 10, 2025). The consumer plaintiff alleged that the chips were labeled as if they were solely air fried and not fried in oil. More »

Related Capabilities

Consumer Products Litigation Food & Beverage Environmental, Health & Safety Bankruptcy & Insolvency Litigation FDA & Life Sciences Class Actions Financial Restructuring