AWG Regulatory Roundup — September 8, 2026
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- FDA Addresses Safety of PFAS Fluoropolymers in Medical Devices
- Federal Court Upholds Oregon’s Recycling Modernization Act
- FTC Seeks Comment on Personalized Pricing Enforcement Policy
- Texas AG Investigates Avocado Oil Products Over Alleged Undisclosed Seed Oils
- California Age Restriction and Date Labeling Bills Await Governor’s Action
- Class Action Litigation Trends: Allulose and Avocado Oil
- Hemp Happenings® – Congress Delays Hemp Ban by 30 Days, Until Next Funding Bill Vote
- Where We’ll Be
FDA Addresses Safety of PFAS Fluoropolymers in Medical Devices
On September 1, 2026, FDA updated its webpage addressing PFAS in medical devices, emphasizing that PFAS are a broad class of chemicals and that the fluoropolymers commonly used in medical devices differ from the smaller-molecule PFAS associated with environmental and health concerns. FDA states that fluoropolymers have been safely used in medical devices for decades and, based on available scientific evidence and post-market monitoring, it has found no reason to restrict their continued use. The agency also emphasizes that fluoropolymers provide a unique combination of properties critical to the performance of many medical devices, and that no substitute material has demonstrated comparable functional characteristics in many of these applications.
Federal Court Upholds Oregon’s Recycling Modernization Act
On August 27, 2026, a federal district court in Oregon ruled against the National Association of Wholesaler-Distributors, which challenged Oregon’s 2021 Plastic Pollution and Recycling Modernization Act (RMA) on constitutional grounds. The judge rejected the association’s arguments, finding the law does not violate the dormant Commerce Clause or Due Process Clause. It is unclear how this ruling will affect a separate lawsuit filed in the District Court of Oregon on June 25, 2026, but the association said in a statement that the “district court’s ruling is not the final word,” suggesting that it may appeal.
FTC Seeks Comment on Personalized Pricing Enforcement Policy
On August 19, 2026, the FTC announced a proposed enforcement policy statement regarding personalized pricing, under which businesses that use consumers’ personal data to set individualized prices could face enforcement if they fail to disclose that pricing is personalized, the basis for the personalization, and the types of data used. The commission is accepting public comments through September 18, 2026.
Texas AG Investigates Avocado Oil Products Over Alleged Undisclosed Seed Oils
Texas Attorney General Ken Paxton recently announced an industry-wide investigation into products marketed as “made with avocado oil” following a July 2026 UC Davis study that found seed oils in products labeled as using avocado oil as the sole oil ingredient. The investigation will examine whether companies are deceptively marketing products that contain undisclosed seed oils or other ingredients in violation of the Texas Deceptive Trade Practices Act.
California Age Restriction and Date Labeling Bills Await Governor’s Action
The California Legislature recently passed Assembly Bill 2030, which would restrict the sale of certain dietary supplements marketed for weight loss or muscle building to individuals under 18 and impose age-verification requirements on retailers and online sellers, and Assembly Bill 2779, which would clarify that dietary supplements are excluded from California’s food date-labeling requirements. Both measures now head to Governor Newsom for approval. Trade associations are encouraging the Governor to veto AB 2030. The Council for Responsible Nutrition (CRN), for example, has submitted a veto request outlining its concerns.
Class Action Litigation Trends: Allulose and Avocado Oil
Two red-hot labeling trends are generating a wave of class action activity, with multiple companies facing complaints over claims involving allulose and avocado oil.
- Allulose: Plaintiffs are challenging “zero sugar” and sugar content claims on products containing allulose. Although allulose is a monosaccharide within the regulatory definition of “sugar,” FDA’s 2020 guidance stated that the agency intended to exercise enforcement discretion to allow manufacturers to exclude allulose from the “Total Sugars” and “Added Sugars” declarations on Nutrition Facts panels. The trend is rapidly gaining momentum following a recent Seventh Circuit decision in which FDA took the position in an amicus brief that its enforcement discretion did not extend to “sugar free” or similar claims made in product labeling outside the Nutrition Facts panel.
- Avocado Oil: A growing number of complaints allege that products marketed as containing avocado oil actually contain cheaper substitute oils or blends, causing consumers to pay a premium for products they allegedly did not receive. The litigation follows the aforementioned UC Davis study, which found that 48 of 54 tested avocado-oil-labeled foods (including chips, mayonnaise products, and salad dressings) had oil profiles inconsistent with CODEX standards for avocado oil. The study has quickly become a focal point for litigation, with complaints alleging that products labeled as containing avocado oil are adulterated or diluted with other oils.
Hemp Happenings® – Congress Delays Hemp Ban by 30 Days, Until Next Funding Bill Vote
On September 2, 2026, President Trump signed into law H.R. 6500, the Continuing Appropriations and Extensions Act, 2027. The law, among other things, delays implementation of most of the new federal restrictions on hemp-derived cannabinoid products from November 12, 2026 to December 11, 2026. The additional time gives Congress an opportunity to consider legislation establishing a longer-term regulatory framework for hemp-derived cannabinoid products.
Where We’ll Be
Please say hello or reach out to schedule a meeting!
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
Rend Al-Mondhiry, CRN Convergence 2026, October 7-8, 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
Jennifer Adams, ANA Masters of Advertising Law Conference, November 2-4, 2026
Neil O’Flaherty, Radiological Society of North America Annual Meeting, November 29-December 3, 2026
