AWG Regulatory Roundup — January 27, 2026
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- FDA Issues RFI on Labeling of Gluten-Containing Grains and Other “Ingredients of Interest”
- The Dietary Supplement Listing Act is Back
- Beef: It’s What’s at the Top of the New Food Pyramid
- FDA Releases Guidance on Low-Risk Medical Devices
- FTC Targets Another Subscription Program
- Instacart to Refund Consumers $60 Million Due to FTC Settlement
- West Virginia Color Additive Ban Hits Roadblock
- Alaska Introduces Legislation to Restrict the Sale of Weight Loss and Muscle Building Products
- HEMP HAPPENINGS® – Legislation Introduced to Extend the Effective Date of New “Hemp” Definition; New Bill Seeks to Establish Framework for Cannabinoid Hemp Products
FDA Issues RFI on Labeling of Gluten-Containing Grains and Other “Ingredients of Interest”
Following receipt of a citizen petition and review of relevant data, on January 21, 2026, FDA issued a Request for Information (RFI) regarding labeling and preventing cross-contact with gluten in packaged foods. This action is aimed at improving transparency in disclosures of ingredients that contain established food allergens and that may impact those with certain health conditions, such as gluten for those with celiac disease. Specifically, FDA is seeking information on adverse reactions associated with “ingredients of interest,” including non-wheat gluten-containing grains (GCGs) such as rye and barley, and oats, due to cross-contact with GCGs, as well as labeling issues or concerns with identifying these “ingredients of interest” on packaged food products in the U.S. Comments and scientific data and information must be submitted by March 23, 2026.
The Dietary Supplement Listing Act is Back
Senator Dick Durbin (D-IL) has once again introduced the Dietary Supplement Listing Act, S. 3677. Although the text of the bill has not been released, based on past versions, it would require companies to provide FDA with information about their products, including product names, a list of all ingredients, an electronic copy of the label, allergen statements, and health and structure/function claims. FDA would maintain and publish the information in a public database, while keeping the amount per serving of dietary ingredients within a proprietary blend confidential. Products would be deemed misbranded if a company fails to file a product listing or provide the required information to FDA.
Beef: It’s What’s at the Top of the New Food Pyramid
On January 7, 2026, HHS and USDA released the 2025-2030 Dietary Guidelines for Americans, which the agencies refer to as “the most significant reset of federal nutritional policy in decades” with a focus on eating “real food.” The new guidelines, which are only nine pages compared to their 164-page predecessor, retire the MyPlate format and instead implement an inverted triangle, with meat, full-fat dairy, vegetables, and fruit at the wide top, and whole grains at the narrow bottom. In addition to focusing on “real food” rather than processed foods, the guidelines suggest that dietary supplements are necessary for certain demographics, including pregnant and lactating women, infants, and the elderly.
FDA Releases Guidance on Low-Risk Medical Devices
On January 6, 2026, FDA released its revised General Wellness Policy for Low-Risk Devices guidance, which expands the types of wellness wearables, apps, and other low‑risk products that may benefit from the agency’s enforcement discretion for such products. The updated policy clarifies that certain non‑invasive sensors estimating physiological parameters (for example, blood pressure, oxygen saturation, blood glucose, heart rate variability) may qualify as general wellness products if they are used solely for wellness purposes, are non‑implanted, pose low risk, and are not positioned as substitutes for FDA‑cleared or approved medical devices. This shift could open the door to many more consumer-facing wellness products entering the market under a clearer, more permissive wellness framework.
FTC Targets Another Subscription Program
On January 13, 2026, the FTC filed a lawsuit against Just Answer LLC and its CEO. The FTC alleges that the company, a question-and-answer service that operates specialized advice websites such as AskALawyerOnCall.com, AskAVeterinarianOnline.com, and AskWomensHealth.com, deceived consumers with a small one-time fee and then enrolled them into a monthly recurring subscription without obtaining affirmative consent or proper disclosure as required under the Restore Online Shoppers’ Confidence Act.
Instacart to Refund Consumers $60 Million Due to FTC Settlement
In December 2025, the FTC filed a lawsuit against grocery delivery company Instacart for several allegedly deceptive practices, including advertising “free delivery” but charging customers up to a 15% service fee, advertising a “100% satisfaction guarantee” but hiding the refund option leading consumers to believe they only had access to Instacart credit, and enrolling consumers in a membership subscription after a free-trial without express consent or adequately disclosing that consumers would be charged at the end of the trial. As part of a settlement agreement with the Commission, Instacart will pay $60 million in refunds to consumers.
West Virginia Color Additive Ban Hits Roadblock
Following a lawsuit filed by the International Association of Color Manufacturers (IACM), on December 23, 2025, a federal court in West Virginia issued a preliminary injunction temporarily blocking enforcement of West Virginia House Bill 2354. The bill, enacted in March 2025, bans the use of certain color additives in food, including Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and others, effective January 1, 2028. The bill also prohibits these ingredients in meals served in school nutrition programs, effective August 1, 2025. In granting IACM’s motion for preliminary injunction, the court agreed with the plaintiff’s argument that the law is unconstitutionally vague and “fails to give adequate notice of what conduct is prohibited,” which may lead to arbitrary enforcement. The court rejected arguments that the law singled out manufacturers and users of the named color additives with no rational basis. Of note, the injunction applies only to the provisions of HB 2354 enforced by the West Virginia Department of Health and does not apply to the school meal provision enforced by the West Virginia Board of Education.
Alaska Introduces Legislation to Restrict the Sale of Weight Loss and Muscle Building Products
On January 20, 2026, Alaska House Bill 236 was introduced and would restrict the sale of weight loss drugs and dietary supplements for weight loss or muscle building to those 18 years of age or older. The bill would also require online sellers to use an age verification service or other method to verify that the named recipient of the shipment is 18 or older. The term “dietary supplement for weight loss or muscle building” means a dietary supplement as defined in 21 U.S.C. § 321(ff) that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or building muscle, with no reference to specific ingredients.
HEMP HAPPENINGS® – Legislation Introduced to Extend the Effective Date of New “Hemp” Definition; New Bill Seeks to Establish Framework for Cannabinoid Hemp Products
On January 13, 2026, Representatives Jim Baird (R-IN) and Angie Craig (D-MN) introduced the “Hemp Planting Predictability Act” (H.R. 7024), which would grant a two-year extension of the hemp provisions included in the FY2026 Agriculture Appropriations Act. Shortly thereafter, Senators Amy Klobuchar (D-MN), Rand Paul (R-KY), and Jeff Merkley (D-OR) introduced S. 3686, which also delays implementation of the new hemp provisions. Although the text is not available yet, S. 3686 is expected to include language that is identical to H.R. 7024. During a press conference announcing the introduction of H.R. 7024, House Oversight and Accountability Chair and bill co-sponsor Jamie Comer (R-KY) urged “both Republicans and Democrats to come together and support this commonsense extension” and also called on Congress to enact a regulatory framework for hemp products “that protects jobs, eliminates bad actors, standardizes labeling, and requires third-party testing.”
In other hemp news, on January 22, 2026, Representatives Morgan Griffith (R-VA) and Marc Veasey (D-TX) announced the introduction of the “Hemp Enforcement, Modernization, and Protection (HEMP) Act” (H.R. 7212), which would create a “first-of-its-kind federal regulatory framework” for hemp-derived cannabinoid products. Among other things, the bill would require FDA to initiate a rulemaking process to set milligram limits for cannabinoid products within three years of the bill’s enactment. If the agency fails to do so, the legislation provides “default” limits of 5 milligrams per serving and 30 milligrams per package for intoxicating cannabinoid content, along with 10 milligram per serving and 50 milligram per package limits for total cannabinoid content. The bill also includes age restrictions as well as labeling, facility registration, and product listing requirements. FDA would also be charged with establishing manufacturing and testing standards.
