AWG Regulatory Roundup — March 24, 2026
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- President Signs “Made in America” Executive Order
- FTC Seeks Public Input on Negative Option ANPRM
- FDA Announces Launch of New Adverse Event Monitoring System
- TTB Provides Guidance on Low and No Alcohol Beverage Labeling
- Four Additional States Now Hold SNAP Waivers and USDA Faces New Lawsuit
- Rhode Island Bill Seeks to Restrict Weight Loss and Muscle Building Products
- PCPC Files First Amendment Challenge Over DEA Prop 65 Warning Requirements
President Signs “Made in America” Executive Order
On March 13, 2026, President Trump signed an Executive Order titled “Ensuring Truthful Advertising of Products Claiming to be Made in America.” The EO directs the Chairman of the FTC to (1) prioritize enforcement of false American origin claims, (2) consider issuing proposed regulations requiring online retailers to have a process to verify their country of origin claims, (3) consult with other agencies with country of origin labeling oversight and aid them in promulgating regulations consistent with FTC’s country of origin labeling regulations, and (4) along with other agencies, ensure verification of any variation of an American origin claim on products purchased for the agency through indefinite-quantity contracts.
FTC Seeks Public Input on Negative Option ANPRM
The FTC is seeking public comment on an Advance Notice of Proposed Rulemaking (ANPRM) about the agency’s Rule Concerning the Use of Prenotification Negative Option Plans, commonly known as the Negative Option Rule. The ANPRM, announced on March 11, 2026, requests input on whether and how the FTC should use its authority to address negative option marketing, including whether the agency should amend the current rule to address deceptive or unfair acts or practices, as well as information on the following topics:
- The extent to which businesses market products and services using negative options and how these programs operate;
- Information on practices that prevent consumers from understanding the terms of a negative option program, result in consumers being enrolled without their express informed consent, or deter consumers from canceling their enrollments, and whether such practices are prevalent in the marketplace;
- Information on specific ways to address unfair or deceptive negative option practices, including retaining the current Rule, adopting provisions of the vacated 2024 Rule or some other provisions, or implementing alternatives to regulation (such as educating consumers and businesses on how to avoid unlawful negative option practices), and the costs and benefits of each of these measures; and
- Supporting market studies, economic data, or other empirical evidence.
Comments must be received on or before April 13, 2026.
FDA Announces Launch of New Adverse Event Monitoring System
On March 11, 2026, FDA announced the launch of the FDA Adverse Event Monitoring System (AEMS), a new unified platform for analyzing adverse event reports, that will display reports for drugs, biologics, vaccines, cosmetics, and animal food in a single streamlined dashboard. By the end of May 2026, AEMS will contain real-time adverse event reports for all FDA-regulated products, including medical devices, human foods and dietary supplements, and Electronic Nicotine Delivery Systems (ENDS) and other tobacco products.
TTB Provides Guidance on Low and No Alcohol Beverage Labeling
Earlier this year, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued guidance outlining how low- and no-alcohol beverages are regulated and clarifying which labeling regulations (FDA or TTB) apply to these product categories. For example, low alcohol (≥ 0.5% ABV) distilled spirits are regulated by TTB like higher alcohol products and TTB labeling regulations apply. However, FDA labeling regulations apply to distilled spirits with alcohol content less than 0.5% ABV.
Four Additional States Now Hold SNAP Waivers and USDA Faces New Lawsuit
On March 4, 2026, USDA Secretary Rollins announced that Kansas, Nevada, Ohio, and Wyoming had joined the now 22 states that hold approved Supplemental Nutrition Assistance Program (SNAP) waivers. These waivers allow the states to prohibit SNAP recipients from purchasing certain items, such as candy and soda, with their SNAP benefits. The March 4 announcement also introduced the Dietary Guidelines for Americans Strategic Partnership, which brings USDA and HHS together to “encourage the private sector to participate in educating the American people about the importance of the Guidelines.”
On March 11, 2026, USDA was hit with a complaint in federal court filed by five SNAP recipients that challenges the food restriction waivers and alleges they violate the federal statute implementing SNAP (7 U.S.C. § 2026) and the Administrative Procedure Act. The plaintiffs allege that the waivers create confusion and may dissuade retailers from participating in SNAP. Specifically, the complaint challenges the waivers granted to Colorado, Iowa, Nebraska, Tennessee, and West Virginia.
Rhode Island Bill Seeks to Restrict Weight Loss and Muscle Building Products
Following the lead of Alaska, Michigan, and several other states, legislation introduced in Rhode Island (Senate Bill 2774) would, like in New York, prohibit the sale of over-the-counter drugs and dietary supplements marketed for weight loss or muscle building to individuals under 18. Retail establishments would be required to limit access to such products by maintaining them behind the counter, in a locked case, or through similar means, and online retailers would be required to verify age through a third-party database and obtain an adult signature (18+) upon delivery. Like New York’s law, the inclusion of creatine, green tea extract, raspberry ketone, garcinia cambogia, or green coffee bean extract in a product would be a factor when determining whether a supplement falls within the scope of the legislation.
PCPC Files First Amendment Challenge Over DEA Prop 65 Warning Requirements
On March 2, 2026, the Personal Care Products Council (PCPC) filed a lawsuit against the California Attorney General to enjoin his office from enforcing a Proposition 65 cancer warning requirement for products containing diethanolamine (DEA). PCPC argues this warning is compelled speech that violates the First Amendment and is false and misleading because DEA has not been proven to cause cancer in humans. PCPC further argues that not only has the DEA warning requirement led to high costs for the more than 800 companies that have faced pre-litigation notices regarding alleged exposure to the substance, but it also poses significant financial risk to companies not yet challenged, and “frightens consumers away from safe cosmetic products.”
