AWG Regulatory Roundup — June 2, 2026
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- FDA Issues Post-Market Review of Phthalates
- FDA Reopens Comment Period for Food and Color Additive Petitions
- FDA Finalizes Food Chemicals Assessment Tool
- Dietary Supplement FSA/HSA Bills Introduced in Congress
- (Another)State Bans Food Dyes and Other Ingredients
- Maryland Adopts EPR Regs
- New York City Advances Proposed “Click to Cancel” Subscription Rule
- Where We’ll Be
FDA Issues Post-Market Review of Phthalates
On May 27, 2026, FDA released a scientific evaluation of phthalates currently authorized as plasticizers for food contact use, as part of the agency’s upcoming post-market safety assessment of the food contact uses of phthalates. The evaluation is intended to determine whether the eight specified phthalates should be considered chemically or pharmacologically related substances for the purpose of a cumulative risk assessment. Public comment will be accepted through June 26, 2026 via docket FDA-2026-N-5776.
FDA Reopens Comment Period for Food and Color Additive Petitions
Also on May 27, 2026, FDA announced that it is reopening the comment periods for: (1) a food additive petition proposing to amend the food additive regulations to remove the use of the solvents benzene, ethylene dichloride, methylene chloride, and trichloroethylene; and (2) a color additive petition proposing to amend the color additive regulations to remove the use of the solvents ethylene dichloride, methylene chloride, and trichloroethylene. The agency is reopening the comment periods for 30 days to allow for the submission of any updated data and other information since the petitions were initially published on January 11, 2024.
FDA Finalizes Food Chemicals Assessment Tool
FDA has published a final version of its Tool for the Prioritization of Food Chemicals for Post-Market Assessment. The tool uses a quantitative method to score candidate chemicals against Public Health criteria, based on potential health effects, dietary exposure, consumption by susceptible populations and newly available information. Chemicals with a higher Public Health score will have higher priority to be considered for further review.
Dietary Supplement FSA/HSA Bills Introduced in Congress
Senators John Curtis (R-UT) and Kevin Cramer (R-ND) have introduced the Dietary Supplements Access Act, which would allow dietary supplements to be purchased using Health Savings Accounts (HSAs), Flexible Spending Accounts (FSAs), and Health Reimbursement Arrangements (HRAs). The bill sets an aggregate reimbursement limit of $500 per taxable year for joint filers and $250 for individuals. Companion legislation was introduced in the House by Representatives Darin LaHood (R-IL), Brendan Boyle (D-PA), Claudia Tenney (R-NY), and Josh Gottheimer (D-NJ). The legislation excludes any product that is marketed as, or commonly understood to be, an energy drink or soft drink from qualifying as an eligible dietary supplement.
(Another)State Bans Food Dyes and Other Ingredients
Iowa HF 2676 was signed into law on May 20, 2026 as part of the Governor’s “Make America Healthy Again” initiative. The law prohibits school districts from serving food to students that contains blue dye 1, blue dye 2, green dye 3, potassium bromate, propylparaben, red dye 40, yellow dye 5, or yellow dye 6, beginning July 1, 2027.
Maryland Adopts EPR Regs
The Maryland Department of the Environment adopted new Producer Responsibility-Packaging and Paper Products regulations (COMAR 26.04.14) on May 5, 2026, which became effective on May 25, 2026. The regulations establish registration, reporting, and producer responsibility obligations for covered packaging and paper products, with key compliance deadlines beginning in 2026 and initial producer responsibility plans due by April 1, 2027. Click here to learn more about EPR regulations, generally.
New York City Advances Proposed “Click to Cancel” Subscription Rule
New York City has advanced a proposed “Click to Cancel” rule that would require businesses offering automatic renewal or continuous service subscriptions to make cancellation as easy and accessible as enrollment. The proposal would impose disclosure, notice, and cancellation requirements, authorize Department of Consumer and Worker Protection (DCWP) enforcement, and provide for restitution and statutory penalties for violations, reflecting broader nationwide momentum toward stricter regulation of subscription and automatic renewal practices. Following a public hearing held by the DCWP on May 8, 2026, the agency is now reviewing stakeholder comments submitted during the public comment period before determining whether to finalize the proposed rule.
Where We’ll Be
Please say hello or reach out to schedule a meeting!
Bob Durkin, Probiota Americas, June 8-10, 2026
Rend Al-Mondhiry, BevNET Live NYC, June 10-11, 2026
Neil O’Flaherty and Evan Phelps, WHX Miami, June 17-19, 2026
Bob Durkin, CRN/ACI 14th Annual Legal, Regulatory and Compliance Forum on Dietary Supplements, June 25 -26, 2026
Jenny Singh and Rend Al-Mondhiry, NBJ Summit, July 27-30, 2026
