Regulatory Roundup

Regulatory Roundup August 11, 2026

AWG Regulatory Roundup — August 11, 2026

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FDA Reopens Comment Period for BHT

FDA has reopened the public comment period for its Request for Information on butylated hydroxytoluene (BHT) in human food and as a food contact substance, as part of FDA’s ongoing post-market chemical safety review process. The original Request for Information, published in the Federal Register on May 13, 2026, sought current usage and safety data on BHT. The comment period has been extended by 30 days, with a new deadline of August 31, 2026. Comments may be submitted via docket number FDA-2026-N-2526.

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FDA Seeks Data on Non-Animal Testing Method for Fluoride Toothpaste

In line with a broader move to reduce reliance on animal testing, FDA issued a Data Request seeking scientific evidence on whether the pH cycling test model should be added as a testing method for fluoride toothpaste products under the OTC Anticaries Monograph (M021). FDA is specifically seeking data demonstrating the method’s validity and comparability to existing testing approaches.

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Florida AG Subpoenas General Mills Over Potassium Bromate in Foods

On July 13, 2026, Florida’s Attorney General announced a civil subpoena directed at General Mills, Inc. and General Mills Operations, LLC as part of an inquiry under the Florida Deceptive and Unfair Trade Practices Act into the distribution of foods containing potassium bromate. The office is requesting records on affected products, consumer and school sales in Florida, disclosures made to buyers, and any company research on the potential health effects of potassium bromate.

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Booker and Blumenthal Introduce Food Labeling Modernization Act

On July 29, 2026, Senators Richard Blumenthal (D-CT) and Cory Booker (D-NJ) introduced the Senate version of H.R. 8385, which is intended to increase transparency and addressing misleading food labeling. Similar to its House companion, the Senate bill would require HHS to adopt uniform front-of-package nutrition labeling, ensure serving sizes are updated and allergens are clearly disclosed, and require online retailers to provide consumers with accurate nutrition information for foods sold online. In addition, the bill would establish definitions for terms like “Ultraprocessed” and “Not Ultraprocessed.”

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OEHHA Issues Draft Prop 65 Amendments

Ahead of its July 30, 2026 pre-regulatory workshop, OEHHA released draft regulatory amendments for discussion that would, among other things, clarify that for internet purchases, the warning must be on the product display page (via hyperlink to the warning or otherwise prominently displayed prior to purchase) and also on the product itself or with the delivered product; simplify language regarding retailers’ responsibility to give manufacturer warnings to the public; recognize QR codes as an acceptable warning delivery method; and clarify that a chemical extracted or concentrated from a natural source (e.g., a botanical) may still be considered the result of human activity rather than naturally occurring.

Comments on the draft amendments may be submitted electronically through OEHHA’s website and must be received by September 7, 2026.

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Class Action Litigation: What’s Trending?

Here’s our latest roundup of trends shaping the class action landscape:

  • Plaintiffs continue to target food (including pet food) and supplement companies for “no artificial flavors or preservatives” and “naturally flavored” claims on products that contain citric acid, ascorbic acid, or similar ingredients alleged to be artificial.
  • Allegations of deceptive protein content claims also show no signs of slowing down, with plaintiffs targeting food labels that omit the protein Percent Daily Value from the Nutrition or Supplement Facts panel, or labels where the stated protein Percent Daily Value is allegedly not properly adjusted using the Protein Digestibility-Corrected Amino Acid Score (PDCAAS).
  • Litigation over heavy metal contamination has picked up sharply, possibly fueled by recent regulatory scrutiny. As previously reported, the Texas Attorney General opened an industry-wide investigation into protein powder manufacturers in June 2026 for potential violations of the state’s Deceptive Trade Practices Act.
  • Another trend focuses on products that allegedly under-deliver on called out ingredients, or that over-deliver on sugar relative to their health-forward marketing. Recent targets include dietary supplements that contain less omega-3 fatty acids than represented, yogurt-coated snacks that contain minimal or no yogurt, and protein-forward products that downplay the amount of added sugar per serving.
  • Plaintiffs have also filed a wave of “Unscented” deodorant suits over the past few months, alleging the products contain undisclosed fragrance ingredients (e.g., “parfum” and certain fragrance compounds) buried in the ingredient list.

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Where We’ll Be

Please say hello or reach out to schedule a meeting! 

Jenny Singh, Prop 65 Clearinghouse Conference, August 31, 2026

Bob Durkin, AHPA Botanical Congress, September 15-16, 2026

Rend Al-Mondhiry, Thrive Advisory Group – Origin Point 2026, September 16-18, 2026

Jennifer Adams, National Advertising Division Conference, September 28-29, 2026

Jenny Singh, ACI West Coast Legal, Regulatory & Compliance Forum on Cosmetics & Personal Care, October 7, 2026

Rend Al-Mondhiry, Rakesh Amin, Bob Durkin, Ivan Wasserman, & Stanley, SupplySide Global, October 26-30, 2026

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