On August 15, 2025, the U.S. Department of Justice (DOJ), a Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Commerce (RFI). The RFI requests public input on state laws, regulations, and practices that significantly and negatively affect the national economy or interstate commerce. The feedback is meant to assist Executive Branch agencies in evaluating whether certain state actions raise costs, burden markets, or extend one state’s regulatory reach into others.
Since taking office in January 2025, the Trump Administration has emphasized deregulation. The RFI is meant to look at extending this push to cover state-level laws and regulations.
Specifically, the RFI requests information on:
- Specific state laws that significantly burden commerce between states or raise nationwide costs.
- Whether federal preemption applies under current law.
- Potential federal legislative or regulatory actions to address problems caused by state laws.
- Which federal agencies are best suited to handle different issues.
Comments are due by September 15, 2025.
This is an opportunity for stakeholders in the food supply chain to address, among other things, the 300+ state bills involving food regulation and related requirements that were introduced or enacted into law this year. With the support of the Make America Healthy Again Movement (MAHA), the laws create a patchwork, which will only continue to evolve and have significant impacts on interstate commerce.
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We hope this proves useful. If you have questions or would like assistance with preparing a comment to the RFI, please kkaplan@ofwlaw.com.