AWG Regulatory Roundup — May 19, 2026
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- FDA Launches One-Day Inspectional Assessments
- FDA Finalizes Post-Market Assessment Program for Food Chemical Safety and Initiates Reassessments of BHT and ADA
- FDA Commissioner Makary Steps Down
- FTC Settles Case Involving Subscription Cancellation Practices
- California EPR Program Goes Live
- California Attorney General Reminds Industry About Compliance with AB 899
- Maryland Enacts Cosmetic Chemical Restrictions
FDA Launches One-Day Inspectional Assessments
On May 6, 2026, FDA announced a pilot program for one-day inspectional assessments, which is designed to supplement traditional inspections and allow the agency to conduct shorter, risk-based reviews across a broader range of regulated facilities. The pilot applies across multiple FDA programs, including human and animal foods, and is intended to help the agency identify compliance trends, refine risk models, and target future oversight activities more efficiently while minimizing operational disruption for lower-risk establishments.
FDA Finalizes Post-Market Assessment Program for Food Chemical Safety and Initiates Reassessments of BHT and ADA
FDA has finalized a new “proactive” post-market food chemical safety assessment program and launched reassessments of butylated hydroxytoluene (BHT) and azodicarbonamide (ADA), two additives commonly used in processed foods. The program will be guided by two key documents: the “Enhanced Systematic Process for Post-Market Assessment of Chemicals in Food,” which outlines how FDA will monitor, triage, and evaluate safety signals, and the “Post-Market Assessment Prioritization Tool,” which provides a risk-based method for identifying and ranking chemicals for scientific review.
FDA Commissioner Makary Steps Down
After serving since March 2025, Dr. Marty Makary has resigned as FDA Commissioner. Kyle Diamantas, Deputy Commissioner for Food, will serve as acting commissioner while the administration considers a permanent replacement. #TeamAWG’s Ivan Wasserman discussed the leadership transition with NutraIngredients in its recent coverage here.
FTC Settles Case Involving Subscription Cancellation Practices
On May 13, 2026, the FTC announced that Shutterstock will pay $35 million to resolve allegations that it used deceptive subscription practices, including making cancellation difficult and failing to clearly disclose material terms of its automatic renewal plans. The settlement also requires the company to strengthen disclosure and cancellation procedures and obtain clearer consumer consent for recurring charges. The action underscores continued FTC enforcement against “dark pattern” subscription designs that affect digital services, including platforms used by both creative and brand-focused industries.
California EPR Program Goes Live
On May 1, 2026, California officially implemented the state’s EPR requirements under the Plastic Pollution Prevention and Packaging Producer Responsibility Act (Senate Bill 54), marking the conclusion of a three-year rulemaking process. CalRecycle estimates the law will impact over 5,700 producers, who are now required to register by the fast-approaching June 1 deadline. Compliance requires producers to join an approved Producer Responsibility Organization (PRO), e.g., the Circular Action Alliance, register with the state’s Packaging Extended Producer Responsibility System (PEPRS) portal, or apply for a small producer exemption. These regulations establish a framework to achieve ambitious environmental goals by 2032, including ensuring that all single-use packaging sold in the state is recyclable or compostable and reducing the distribution of single-use plastic packaging by 25%. To assist with the transition, CalRecycle has provided a new guidance webpage and plans to release further tools, such as a situational screening tool, to help producers identify covered materials and meet their reporting and fee obligations.
California Attorney General Reminds Industry About Compliance with AB 899
California Attorney General Rob Bonta issued an enforcement advisory letter to companies that manufacture or sell baby food in California, urging them to assess compliance with Assembly Bill 899, which requires testing of baby food sold in the state for arsenic, lead, mercury, and cadmium, and requires that the testing results be publicly available.
Maryland Enacts Cosmetic Chemical Restrictions
Maryland House Bill 1533/Senate Bill 656 was signed into law by Governor Wes Moore on April 28, 2026, and starting July 1, 2026, prohibits the manufacture, sale, or distribution of cosmetics (excluding soap) containing certain chemicals, including phthalates, formaldehyde compounds, mercury, lead, parabens, and specified PFAS substances. The bill exempts technically unavoidable trace quantities of those substances resulting from impurities in natural or synthetic ingredients, the manufacturing process, storage, or packaging.
