- On August 15, 2025, the U.S. Department of Justice (DOJ) in coordination with the National Economic Council, issued a Request for Information (RFI) seeking public input on state laws, regulations, and practices that may significantly and adversely affect the national economy or interstate commerce.
- The RFI invites comments on the following:
- Which State laws significantly burden commerce in other States and between States, thus raising costs unnecessarily and harming markets nationwide.
- Whether the laws identified may be preempted by existing Federal authority and, if so, what authority.
- Whether there may be Federal legislative or regulatory means for addressing the State laws identified or the burdens they cause.
- Which Federal agency has the subject-matter expertise to address concerns lawfully within the Federal government’s authority.
- The RFI is particularly relevant to industries facing a patchwork of state regulations, most notably the food and beverage sector, where over 300 state bills have been introduced this year alone.
- Comments must be submitted by September 15, 2025, under the Docket No. OLP182 through the Federal rulemaking Portal.
- Keller and Heckman would be happy to submit comments on behalf of interested stakeholders or assist with drafting comments for submission.