If Vice President Biden’s election is confirmed, we anticipate a somewhat more assertive regulatory posture in certain areas to develop over time.

As some of you may recall, the Obama Administration was very active on nutrition issues. Participants will recall that First Lady Michelle Obama was very engaged on those issues.

One item that remains pending from that initiative is a definition of the term “healthy.” The outcome of this rulemaking is tremendously important to many of our clients, not just because they want to understand the definition, but because they need certainty around the question. We don’t know with any certainty why it has been held so long, but, if politics had anything to do with it, that may no longer be an issue as of Tuesday.

Another key issue in the food space is the rapidly growing market for alternative proteins. Plant-based meat alternatives are so popular and mainstream you can get them for breakfast at Dunkin Doughnuts and for lunch at Burger King.

The next shoe to drop in this space is cultured meat. We are still years away from seeing cultured meat in our grocery stores, but the day is coming. While the regulatory jurisdictional tussle between United States Department of Agriculture (USDA) and FDA was resolved a while ago, we should watch for legislative activity in this space. These products are true market disrupters, which will impact quite a few stakeholders.

Please note that on general nutrition claims, some people thought the Trump Administration would do more to relax requirements than it actually has. The dietary guidelines update is still pending. Last time they came out in late January.

Photo of Gabe Neville Gabe Neville

Gabe Neville, a non-lawyer, helps clients navigate the complexities of federal policymaking and proactively engage the legislative and executive branches of government. Using an intimate knowledge of the government gained over thirty years in politics, Gabe helps clients understand policymakers, conservative politics, and…

Gabe Neville, a non-lawyer, helps clients navigate the complexities of federal policymaking and proactively engage the legislative and executive branches of government. Using an intimate knowledge of the government gained over thirty years in politics, Gabe helps clients understand policymakers, conservative politics, and the legislative and regulatory tools available to advance their agendas. He also advises on responding to congressional inquiries and invitations to testify.

Gabe supports clients in sectors as varied as mining, franchising, technology, and life sciences and has substantial experience advising on appropriations, critical minerals, energy, food regulation, health, human rights, intellectual property, labor, social media content moderation, telecommunications, tax, and international trade.

He joined Covington after nearly two decades as a senior congressional staffer and chief of staff to a senior Republican member of the House Energy & Commerce Committee. He previously worked as a Pennsylvania state legislative staffer, Republican campaign professional, and journalist.

Gabe has deep relationships in Republican politics and the conservative movement. As a congressional staffer he frequently chaired meetings of the Values Action Team (VAT) and attended weekly meetings of the Republican Study Committee (RSC). Gabe continues to work with these and other center-right organizations that constitute the base of the Republican Party and frequently drive its priorities.

Gabe was chief of staff to the chairman of the Energy & Commerce Health Subcommittee, which oversees a wide range of government health programs and issues, including public health; hospital construction; mental health and research; biomedical programs and health protection in general, including public and private health insurance; food and drugs; and drug abuse. The subcommittee has jurisdiction over federal agencies responsible for public health programs, regulation, and administration. They include the Department of Health and Human Services (HHS), the Food and Drug Administration (FDA), the National Institutes of Health (NIH), the Centers for Disease Control (CDC), the Centers for Medicare and Medicaid Services (CMS), and others.

At Covington, Gabe has prepared dozens of corporate executives, nonprofit leaders, academics, and nominees for congressional committee hearings. These range from routine policy hearings to high-stakes, high-profile congressional investigations.

He is the author of The Last Men Standing: The 8th Virginia Regiment in the American Revolution and many deeply researched articles on the Revolutionary War and the Founding Era.