News

Wednesday, July 23
1:00-1:30 pm ET
Register now!

Join us for the first in a series of exclusive CDA member webinars focused on the Food Safety Modernization Act (FSMA) Section 204(d) – the FDA’s Food Traceability Rule. This initial session will break down what the rule entails, its implications for your business, and how CDA is championing a strategic approach to support members through education, advocacy, and practical resources.

Stay ahead of the curve of FSMA 204 - don’t miss this essential opportunity to get informed and prepared.

After overcoming significant opposition and obstacles within the Republican caucus, the House of Representatives passed the GOP’s $3.4 trillion tax-and-spending package, known as the “One Big Beautiful Bill Act (OBBBA)” on July 3. The House stayed in session overnight as House Speaker Mike Johnson (R-LA) and President Trump cajoled and wore down opposition from roughly two dozen Republican lawmakers with various concerns and reservations about the legislation after changes made in the Senate. In the end, the bill passed 218-214, with Congressman Thomas Massie (R-KY) and Congressman Brian Fitzpatrick (R-PA) being the only House Republicans to vote against the bill. Before final passage, Minority Leader Hakeem Jeffries (D-NY) spoke out about the harms of the bill for a record-breaking 8+ hours, using his “magic minute” floor speech to delay a final vote on the legislation. Earlier in the week, the Senate GOP overcame similar obstacles, with Senators passing the bill on July 1 after the Senate pulled its own all-night voting session. Ultimately, the Senate passed the bill in a 51-50 vote, with Vice President JD Vance breaking the tie. Senator Lisa Murkowski’s (R-AK) support, which came after hours of negotiation with Majority Leader John Thune (R-SD), was also critical to its passage. Three Republican lawmakers, Senators Rand Paul (R-KY), Thom Tillis (R-NC) and Susan Collins (R-ME), voted against the bill with every Senate Democrat.

The nearly 900-page reconciliation bill has vast impacts across policy areas and industries, including taxes, healthcare, education, defense, energy, and the debt ceiling. President Trump signed the legislation at a ceremony at the White House on Friday, July 4. While the legislation has been signed into law, the Treasury Department will issue guidance and rulemaking on many specific tax provisions over the coming months.

Some of the key provisions of importance to CDA members include:

• Estate and Gift Tax: CDA distributor members asked Members of Congress to provide more certainty in estate planning by repealing the death tax during their annual Day on the Hill. OBBBA provides a win for CDA members with an exemption for the estate and gift tax that is permanently extended and increased to $15 million for individual filers, and $30 million for married couples filing jointly, starting in tax year 2026. The exemption amount is indexed to inflation after 2026.
• No Taxes on Overtime Pay: The legislation establishes a deduction for overtime compensation for taxable years 2025 through 2028. The deduction is capped at $12,500 for individuals and $25,000 for joint filers and phases out for income that exceeds $150,000 for individuals and $300,000 for joint filers. While the deduction is effective on January 1, 2025, it provides transition relief for the first year allowing employers to approximate a separate accounting of amounts designated as qualified overtime compensation by any reasonable method.
• Paid Leave: The 2017 Tax Cuts and Jobs Act's (TCJA) paid family and medical leave tax credit for employers is made permanent under the legislation. The credit allows employers to claim non-refundable credits ranging from 12.5% to 25% of the wages paid to workers on paid leave.
• Pass-Through Business Income: The bill keeps the 199A business deduction for pass-through companies at its current level of 20%. It also increases the phase-in range making the deduction more generous for those phasing out of the credit. In addition, the legislation creates a new minimum deduction of $400 for eligible taxpayers with at least $1,000 of pass-through income beginning in 2026.
• Corporate Charitable Donations: The legislation puts new limits on corporate charitable deductions, allowing corporate taxpayers to deduct charitable contributions between 1% to 10% of taxable income. The measure allows contributions beyond the cap to be carried forward for as long as five tax years.
• Employee Retention Tax Credit (ERTC): OBBBA includes provisions on the ERTC, including heightened due diligence requirements on promoters with respect to a taxpayer’s eligibility for an ERTC. It also prevents the IRS from paying out ERTC claims filed after January 31, 2024, for the third and fourth quarters of 2021. The provision is a pared-back version of the ERTC repeal initially proposed in the House, which sought to retroactively block all claims filed after January 31, 2024, including those filed for 2020 and the first two quarters of 2021. Due to the Byrd Rule, that language was changed and limited to the third and fourth quarters of 2021.
• Depreciation Deductions: The bill permanently restores the 100% bonus depreciation rate for certain property if it was placed in service on or after Jan. 19, 2025. The legislation also allows taxpayers to immediately deduct 100% of the cost of qualified production property that is put in service before 2031. It increases the maximum amount that could be deducted for certain depreciable business assets to $2.5 million. It phases out for costs of qualifying property that exceeds $4 million.

Read more about the legislation here.

The Supreme Court has allowed the federal government to resume reductions in force (RIF) and agency restructuring efforts, impacting workers at agencies like the Department of Health and Human Services (HHS). This reverses a lower court’s injunction issued in May that had temporarily blocked the Trump administration’s restructuring plans, which include administrative leave and layoffs. While the Supreme Court did not weigh in on the legality of the plans themselves, the stay permits them to proceed while the Ninth Circuit reviews the case. Read more here.

CDA is excited to introduce the CDA Business Academy, a dynamic 10-week virtual education program designed for emerging, rising leaders and middle managers in the convenience products distribution industry. The program’s curriculum focuses on the essentials of people management and business finance.

The eLearning experience blends self-paced online learning with live interactive sessions led by facilitators and industry experts. Structured to fit full-time schedules, the fully virtual format allows participants to learn at their convenience while still engaging in collaboration and networking with peers. The program equips learners with practical tools they can implement immediately on the job.

The CDA Business Academy will run from September 18 through December 4, with live sessions held every other Thursday. This program is open to all CDA members, supporting leadership development across the industry – registration closes July 31.

Ready to invest in your future leaders? Click here to learn more or contact Lauren Herbert for details.

Open exclusively to CDA members. Participants must be employed on an ongoing basis by a CDA member company in good standing.

On June 27, U.S. Transportation Secretary Sean Duffy announced a package of new initiatives, pilot programs, and regulatory updates designed to improve the lives of America’s truck drivers. The Secretary’s actions deliver on President Donald Trump’s promise through his April 28th Executive Order on Enforcing Commonsense Rules of the Road for America’s Truck Drivers. The package includes funding to expand truck parking as well as initiatives to remove one-size-fits-all mandates, modernize driver resources, slash red tape, and crack down on bad actors. Specific to truck parking, USDOT is set to deliver more than $275 million in grant funding to expand parking access for truck drivers nationwide. This includes $180 million for Florida to add 917 new truck parking spaces along the I-4 corridor in Volusia, Seminole, and Osceola Counties. In May, Secretary Duffy signed an order announcing new guidance to enforce English proficiency requirement for truckers. Read more here.

On June 30, the FDA’s Human Foods Program published their proposed 2025 guidance agenda, including possible new topics for guidance documents or revisions to existing guidance documents. The FDA may also issue additional guidance that are not on the list. These topics are a priority for the agency’s Human Foods Program to complete during 2025. New topics include:

• The Food Traceability Rule: Questions and Answers; Draft Guidance for Industry
• Food Colors Derived from Natural Sources: Fruit Juice and Vegetable Juice as Color Additives in Food; Draft Guidance for Industry
• New Dietary Ingredient Notifications and Related Issues: Identity and Safety Information About the NDI: Guidance for Industry

A federal judge in Rhode Island has halted a major reorganization of the Department of Health and Human Services (HHS), siding with 19 Democratic state attorneys general who argued the changes were unconstitutional and illegal. The preliminary injunction blocks actions that began April 1, including the termination of 10,000 employees, office consolidations, and program eliminations. The plaintiffs cited halted CDC disease prevention efforts, disabled pregnancy data collection, and the FDA's suspended youth tobacco compliance checks as examples of public harm. Judge Melissa Dubose ruled that the Executive Branch lacks authority to unilaterally restructure agencies created by Congress. The lawsuit also names top HHS officials, including Secretary Robert F. Kennedy Jr., and contends that states have lost access to critical data, guidance, and funding. The administration must submit a status report by July 11. Read more here.

Don’t miss the early bird offer for the new CDA Business Academy – enroll three participants for the price of two when you register by Tuesday, July 9.

This 10-week virtual education program is designed for emerging, rising leaders and middle managers in the convenience products distribution industry. With a focus on people management and business finance, the program blends self-paced online learning with live interactive sessions. Participants will gain practical tools they can implement immediately on the job.

The CDA Business Academy will run from September 18 through December 4, with live sessions held every other Thursday. This program is open to all CDA members, supporting leadership development across the industry – registration closes July 31.

Register by July 9 to save $1,295 – develop more leaders for less!

Ready to invest in your future leaders? Click here to learn more or contact Lauren Herbert for details.

Open exclusively to CDA members. Participants must be employed on an ongoing basis by a CDA member company in good standing.

Gebhardt manufactures insulated bunkers that allow food distributors to safely transport frozen and fresh products from their warehouse to their end customers without the use of an active refrigerant. Cold chain is maintained using reusable eutectic freezer plates that last for years. The company's containers are perfect for multi-stop delivery routes. They range in size from 15 to 54 cubic feet. The coolers can eliminate dry ice and the huge daily expense of a commodity that evaporates. The coolers give you the flexibility to transport your frozen or refrigerated product in any temperature zone of your truck or trailer. The ROI for their system is usually realized in months, not years.

Contact information for Gebhardt Logistic Solutions, Inc. is as follows:

Alex Danan
adanan@gebhardt-inc.com
Gebhardt Logistic Solutions, Inc.
2180 Satellite Blvd, Suite 400
Duluth, GA, 30097
(678) 557-5483
gebhardt-inc.com

Wednesday, July 23
1:00-1:30 pm ET
Register now!

Join us for the first in a series of exclusive CDA member webinars focused on the Food Safety Modernization Act (FSMA) Section 204(d) – the FDA’s Food Traceability Rule. This initial session will break down what the rule entails, its implications for your business, and how CDA is championing a strategic approach to support members through education, advocacy, and practical resources.

Stay ahead of the curve of FSMA 204 - don’t miss this essential opportunity to get informed and prepared.

CDA is excited to introduce the CDA Business Academy, a dynamic 10-week virtual education program designed for emerging, rising leaders and middle managers in the convenience products distribution industry. The program’s curriculum focuses on the essentials of people management and business finance.

The eLearning experience blends self-paced online learning with live interactive sessions led by facilitators and industry experts. Structured to fit full-time schedules, the fully virtual format allows participants to learn at their convenience while still engaging in collaboration and networking with peers. The program equips learners with practical tools they can implement immediately on the job.

The CDA Business Academy will run from September 18 through December 4, with live sessions held every other Thursday. This program is open to all CDA members, supporting leadership development across the industry – registration closes July 31.

Don’t Miss the Early Bird Special: Buy 2, Get 1 Free
Register by July 9 to take advantage of this limited time offer and save big on team enrollment. Develop more leaders for less – register three, pay for two.

Ready to invest in your future leaders? Click here to learn more or contact Lauren Herbert for details.

Open exclusively to CDA members. Participants must be employed on an ongoing basis by a CDA member company in good standing.

On June 23, 2025, the House Appropriations Committee met to consider the Fiscal Year 2026 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act. The measure was approved by the Committee with a vote of 35 to 27. The bill provides a total discretionary allocation of $25.523 billion, which is $1.163 billion (4.2%) below the FY25 enacted level. See Subcommittee Chairman Andy Harris’s (R-MD) press release on the bill here.

The FY26 bill includes language that would ban hemp-derived cannabinoid (CBD) products containing synthetic compounds and/or quantifiable amounts of THC or THCA—or other cannabinoids that have similar effects on humans or animals. This language is similar to the “Miller Amendment” that was included in a 2025 House draft of the Farm Bill that failed to pass last session championed by Congresswoman Mary Miller (R-IL).

The bill report includes language urging the U.S. Food and Drug Administration (FDA) to expedite the Premarket Tobacco Applications process that states, “The Committee is concerned that many timely filed tobacco products still await review by FDA, and this delay in the review of filed applications is confusing consumers, distributors, and manufacturers. The Committee urges FDA to publish and regularly update guidance to communicate to manufacturers, distributors, and retailers an enforcement discretion policy for products with timely-filed and pending Premarket Tobacco Applications (PMTAs) and to prioritize any enforcement actions against products without pending PMTAs or that did not file timely applications.”

On June 20, 2025, the U.S. Supreme Court issued a decision that allows manufacturers and other businesses adversely affected by a U.S. Food and Drug Administration (FDA) denial of a pre-market tobacco product application to file a lawsuit challenging the denial in any jurisdiction where the manufacturer or other businesses operate.

This decision was issued in response to a petition brought by the FDA against R.J. Reynolds Vapor Company, the Mississippi Petroleum Marketers and Convenience Store Association, and Avail Vapor, LLC. In the petition, the FDA claimed that only the manufacturer has the right to petition the courts when a marketing denial order is issued and that retail trade organizations and retailers are not adversely affected by such a denial order.

Originally, R.J. Reynolds Vapor Company, the Mississippi Petroleum Marketers and Convenience Store Association, and Avail Vapor, LLC, filed a lawsuit petition in a Texas federal district court seeking to overturn the FDA’s marketing denial order of pre-market tobacco applications for Vuse Alto electronic cigarette products. The Texas federal court venue was selected since Avail Vapor, LLC operates a retail store in Houston. Both Mississippi and Texas are located within the Fifth Circuit Court of Appeals.

The Family Smoking Prevention and Tobacco Control Act (TCA) authorizes “any person adversely affected” by an FDA marketing denial order to file a lawsuit for judicial review with a federal court in either the District of Columbia Circuit or “the circuit in which such person resides or has their principal place of business.”

In its decision, the Supreme Court held that: (1) the retailers also have the right to petition for review under the TCA “because Avail Vapor and the trade association have their principal places of business in Texas and Mississippi,” and (2) the retailers are adversely affected because “[i]f the FDA denies an application, the retailers lose the opportunity to profit from the sale of the new tobacco product—or, if they sell the product anyway, risk imprisonment and other sanctions.”

A full copy of the U.S. Supreme Court decision can be read here.

On June 24, 2025, the U.S. Food and Drug Administration (FDA) sent out a reminder that twice every year – by June 30 and Dec. 31 – registered tobacco product manufacturers are required to report to FDA their tobacco product listings if they have made certain changes. Information previously submitted to FDA should not be resubmitted. If a manufacturer made any of the following changes, they must be reported:

• Introduced any tobacco products for commercial distribution that were not included in a previous listing;
• Discontinued manufacturing, preparation, compounding, or processing any tobacco products for commercial distribution;
• Resumed manufacturing, preparation, compounding or processing any tobacco products previously listed as discontinued; or
• Made any required or voluntary material change to any listing information previously submitted, such as a name, labeling, consumer information, or advertisement changes.

For resources on product listing submissions, please go to the Tobacco Registration and Product Listing - Next Generation (TRLM NG) Instructions page. Manufacturers can also read the Registration and Product Listing for Owners and Operators of Domestic Product Establishments page for more information.

On June 16, 2025, the Senate Finance Committee released the Senate version of the tax bill. Senate Parliamentarian Elizabeth MacDonough warned Senators that several provisions do not currently comply with the Byrd Rule limiting what can go into legislation considered under budget reconciliation. One of the provisions from the draft bill that does not comply and can be removed on the floor by a point of order is language barring noncitizens or permanent residents from receiving Supplemental Nutrition Assistance Program (SNAP) benefits, as well as a cost-share proposal with states regarding SNAP funds. The Senate Agriculture Committee has modified the bill in order to comply.

House and Senate Republicans have raised concerns over Medicaid cuts, the State and Local Tax (SALT) deduction, clean energy cuts and more. Meanwhile, several Senate committees are expected to release updated legislative text to reflect the Parliamentarian’s Byrd rulings. Read more here.

The Reagan-Udall Foundation for the U.S. Food and Drug Administration (FDA) will host a webinar on July 10, 2025, at 12:30pm ET titled, "FDA's Final Rule on Requirements for Additional Traceability Records for Certain Foods." The public webinar will be hosted in cooperation with the FDA and will have experts from various sectors of the food industry and FDA to discuss pilot initiatives, approaches to outbreak investigations and other key traceability topics. Individuals can register here.

On June 17, 2025, the U.S. Food and Drug Administration (FDA) issued a filing letter to Swedish Match USA, Inc. for its modified risk tobacco product (MRTP) applications for 20 ZYN nicotine pouch products. This action initiates the substantive scientific review portion of the MRTP application review process. During FDA’s review, the agency will determine whether the applications provide the necessary evidence for these specific products to be marketed with a modified risk claim.

The tobacco products in these applications are commonly referred to as nicotine pouches, which are small fiber pouches containing nicotine designed to be placed between a person’s gum and lip. Following an extensive scientific review of the premarket tobacco product applications (PMTAs) for these 20 products, the FDA authorized them for sale in January 2025.

The manufacturer is now seeking to market the 20 ZYN nicotine pouch products with a modified risk claim, which requires by law an additional authorization from the FDA. The company is proposing to use the following claim: “Using ZYN instead of cigarettes puts you at a lower risk of mouth cancer, heart disease, lung cancer, stroke, emphysema, and chronic bronchitis.” FDA’s review will ultimately determine whether the scientific and legal standards are met to market the product as a modified risk tobacco product and will issue an order letter either granting or denying the application.

Starting June 18, 2025, the public may submit comments on these applications on regulations.gov to FDA-2025-N-0835. FDA will post application documents, including amendments, to the CTP website on a rolling basis, as documents will need to be redacted for any confidential information. Once all materials for these applications have been made publicly available, FDA will announce a closing date for the comment period. The closing date will be no earlier than 180 days from the date of the Federal Register notice and at least 30 days from the date FDA posts the last group of application materials.

In addition to the public comment, and consistent with requirements of the 2009 Family Smoking Prevention and Tobacco Control Act, FDA’s Tobacco Product Scientific Advisory Committee (TPSAC) must also be convened to discuss the merits of the application. Details of the TPSAC meeting are forthcoming.

On June 16, 2025, the Senate Finance Committee released the Senate version of the tax bill. Many of the tax provisions in the Senate Finance bill are similar to the tax provisions found in the House-passed One Big Beautiful Bill Act (OBBBA). The bill preserves Trump’s tax cuts from his 2017 TCJA bill and creates several new tax breaks that Trump championed during his presidential campaign, such as eliminating certain taxes on tips and overtime. However, there are key differences in a range of areas including Medicare, green energy, higher education and business taxes. To offset the cost, the bill proposes to repeal some clean energy tax credits and scale back Medicaid benefits spending even more than the House-passed bill.

• Other key provisions can be found here.
• A full section-by-section can be found here.
• A high-level overview of the bill can be found here.
• The bill text can be found here.

Senate Republicans have raised concerns over some of the provisions in the tax bill and many have spoken out saying they will not vote for the legislation as currently drafted. Senate Republicans can only lose three votes and still pass the legislation.