Blogs

Welcome to the August 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Last month, the US Food and Drug Administration (FDA) and US Department of Agriculture (USDA) announced that they are requesting data and information to help develop a uniform definition of ultra-processed foods (UPFs) for human food products. On the heels of this announcement, a former FDA commissioner has filed a petition asking the FDA to ban popular ingredients in UPFs entirely.

On August 7, the White House issued an Executive Order (EO) aimed at broadening Americans’ access to alternative asset investments within employer-sponsored defined-contribution retirement plans, such as 401(k) plans.

On August 7, the US Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion No. 25-09, providing significant guidance for physician-owned medical device companies (PODs).

On July 25, the US Department of Commerce, Bureau of Industry and Security (BIS) issued new Frequently Asked Questions (FAQs) related to the January 16 Information and Communication Technology and Services (ICTS) Rule that prohibits the import and sale of connected vehicles and their related hardware/software with a sufficient Chinese or Russian nexus, “Securing the Information and Communications Technology and Services Supply Chain: Connected Vehicles” (the Rule).

On June 27, the US Supreme Court issued a significant decision in Trump v. Casa, clarifying the limits of federal district courts’ authority to issue broad, so-called “universal” injunctions against the federal government.

Headlines that Matter for Companies and Executives in Regulated Industries

A South Carolina state trial court recently dismissed a climate tort case filed by the City of Charleston seeking to hold major energy companies liable for harms allegedly caused by climate change. This ended a case that had bounced between state and federal courts for much of the last decade.

On July 30, the US Food and Drug Administration (FDA) released its Expanded Decision Tree (EDT), a new science-based tool designed to screen and evaluate the safety or toxicity of chemicals in food.

Effective April 17, the US Patent and Trademark Office (USPTO) suspended the expedited examination process for design patent applications under 37 CFR 1.155, commonly referred to as the “Rocket Docket.”

The US Patent and Trademark Office (USPTO) has issued new guidance to clarify and improve the evaluation of patent eligibility for artificial intelligence (AI) and machine learning (ML) inventions in order to foster innovation and patenting of these cutting-edge technologies.

On August 6, the US Food and Drug Administration (FDA) issued an update regarding the use of per- and polyfluoroalkyl substances (PFAS), specifically fluoropolymers such as polytetrafluoroethylene (PTFE), in medical devices. The FDA concluded that, based on current scientific evidence, there is no reason to restrict the continued use of fluoropolymers in medical devices.

The court held that the statute of limitations began to run from the date when a former employee produced confidential company financial during discovery in an unrelated matter, and not from the earlier date when the former employee had copied and taken the files, because defendants had not failed to exercise reasonable diligence to uncover the alleged misappropriation.

On July 4, President Donald Trump signed into law P.L. 119-21, the “One Big Beautiful Bill Act” (OBBBA), which, among other notable changes to the US tax system, rolls back several renewable energy incentives enacted under the Inflation Reduction Act of 2022 (IRA) and creates new restrictions on renewable energy incentives for taxpayers with certain foreign entity connections, which are detailed below.

On July 31, the US Patent and Trademark Office (USPTO) issued a new memorandum announcing that it will begin enforcing 37 C.F.R. § 42.104(b)(4) that requires petitioners in inter partes review (IPR) proceeding to “specify where each element of the claim is found in the prior art patents or printed publications relied upon.”

On July 22, the US Senate passed the Maintaining American Superiority by Improving Export Control Transparency Act (the Bill), sending it to President Trump for his signature.

Headlines that Matter for Companies and Executives in Regulated Industries

On July 29, the Attorney General (AG) of the United States issued a memorandum entitled “Guidance For Recipients of Federal Funding Regarding Unlawful Discrimination” (hereinafter “Guidance”). This alert provides a review of the guidance and recommendations for consideration.

On July 4, President Trump signed into law the “One Big Beautiful Bill Act (OBBBA),” more formally known as “H.R.1 – An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14.”

The Trump Administration is moving aggressively to prevent foreign adversaries’ ownership of US agricultural land.

This fall, Congress is poised to consider and develop legislation differing in type and scope — from funding measures to reconciliation proposals.

The Committee on Foreign Investment in the United States (CFIUS) is back in the spotlight.

The District of Columbia’s Access to Justice (ATJ) Initiative is the primary local mechanism for public funding of civil legal services to low- and moderate-income DC residents.

An association’s board often confronts difficult decisions. One that is particularly challenging is whether and how to remove a sitting director.

On July 29, the US Environmental Protection Agency (EPA) announced a proposal to rescind its 2009 Endangerment Finding.