Regulatory Roundup

Regulatory Roundup May 5, 2026

AWG Regulatory Roundup — May 5, 2026

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Florida Representative Introduces the “FRESH and Affordable Foods Act of 2026”

On April 22, 2026, Congresswoman Kat Cammack (R-FL) introduced a draft of the FDA Review and Evaluation for Safe, Healthy (“FRESH”) and Affordable Foods Act of 2026. The 72-page bill would, among other things, require mandatory GRAS notifications. However, if FDA does not object to the GRAS notification within 90 days, the ingredient may be used in food. Like similar bills aimed at GRAS reform, the bill directs FDA to reassess the safety of ingredients already on the market and allows the agency to revoke their use if new risks emerge. Notably, the bill would also preempt all state-level laws relating to the use, labeling, sale, or marketing of food or color additives and GRAS substances, such as those banning synthetic food dyes in school meals or requiring warnings on food labels (except those adopted by public initiative or referendum prior to September 1, 1997).

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House Subcommittee Examines Food Oversight Legislation

The U.S. House of Representatives Committee on Energy and Commerce Subcommittee on Health held a hearing on April 29, 2026, entitled “Healthier America: Legislative Proposals on the Regulation and Oversight of Food.” The Subcommittee discussed a long list of food safety-related bills, including several GRAS reform bills that were a focus of the hearing.

The hearing highlighted the tension between the need for national uniformity and federal preemption of state food laws and concerns about maintaining robust oversight of foods. Members and witnesses repeatedly emphasized that a growing state-by-state patchwork of food labeling and chemical regulations could increase costs, disrupt supply chains, and create consumer confusion, while others stressed the need to close the GRAS loophole, strengthen FDA review of food chemicals, and address significant resource constraints at the agency. There was broad recognition of the key role that states play in inspections and outbreak response, alongside concerns about gaps in federal-state coordination, particularly around data sharing. The most discussed proposals included the FRESH Act and the CURD Act (to define “natural cheese”), as part of a broader legislative push focused on ingredient transparency, labeling consistency, and post-market chemical review.

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Freshman Representative Introduces Dietary Supplement Listing Bill

On April 20, 2026, Congresswoman Maxine Dexter (D-OR) introduced House Bill 8370, known as the “Dietary Supplement Listing Act of 2026,” which would require dietary supplement manufacturers to list each dietary supplement sold in the U.S. with FDA. Similar to Senate Bill 3677, introduced by Senator Richard Durbin (D-IL), H.B. 8370 aims to create a system similar to the OTC drug listing process, in which each dietary supplement would receive a product listing number, and FDA would maintain an online product database. The bill would also require supplement manufacturers to submit information regarding all ingredients, including those in proprietary blends, and product labels prior to product marketing. Dietary supplements that fail to comply would be deemed misbranded.

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New York Sends GRAS Bill to Governor

The New York Legislature has passed landmark legislation impacting self-affirmed GRAS substances. Assembly Bill 1556 (and its companion Senate Bill 1239), known as the “Food Safety and Chemical Disclosure Act,” will be delivered to the Governor after passing both the Senate and Assembly on April 21, 2026. If signed into law, the bill would prohibit the use of certain food additives, including FD&C Red No. 3, potassium bromate, and propylparaben, and would require food manufacturers to submit safety information and supporting data for self-affirmed GRAS substances used in food sold in the state to the New York State Department of Agriculture and Markets. It also directs the state to establish a publicly accessible database containing these disclosures.

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Virginia Governor Approves Cosmetic Ingredient Ban

On April 13, 2026, Virginia’s Governor signed House Bill 122, enacting the “Human and Toxin-Free Cosmetics Act,” which prohibits the manufacture, sale, delivery, or offering for sale of a cosmetic that contains any of the following ingredients:

  • Dibutyl phthalate
  • Diethylhexyl phthalate
  • Formaldehyde
  • Paraformaldehyde
  • Methylene glycol
  • Quaternium-15
  • Mercury
  • Isobutylparaben
  • Isopropylparaben
  • M-phenylenediamine and its salts
  • O-phenylenediamine and its salts
  • Various perfluoroalkyl and polyfluoroalkyl substances and their salts

The law does not apply to or restrict the continued sale of cosmetics in a retailer’s existing inventory prior to July 1, 2026.

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Hemp Happenings® – The Latest Federal & State Developments

There’s been a flurry of activity impacting hemp at the federal level, while states continue to press forward with their own initiatives to stem the tide of potentially intoxicating hemp products:

  • As previously reported, CMS finalized and launched a pilot program allowing limited coverage of hemp-derived CBD products starting April 1, 2026, and is intended to align with the President’s December 2025 Executive Ordersupporting research and innovation for hemp-derived products. Coverage is capped (~$500/year) and only available through participating care models (e.g., ACO REACH, oncology models). Among other requirements, products must be hemp-derived, intended for oral use (no inhalable products), cannot exceed 0.3% delta-9 THC and 3 mg of total THC per serving, and must be furnished directly by a qualified physician. Importantly, if the legal limits for hemp-derived products change in November 2026 in accordance with Section 781 of the FY2026 Agriculture Appropriations Act, the scope of eligible products will be adjusted.
  • Notably, on the same day the program launched, FDA Commissioner Dr. Marty Makary sent a letter to Kyle Diamantas, Deputy Commissioner for Human Foods, and Dr. Tracy Beth Hoeg, Acting Director for CDER, stating that the agency does not intend to enforce against certain hemp-derived CBD products used within the CMS program solely because they contain CBD, provided the products are manufactured and labeled in a manner generally consistent with dietary supplement standards, are not contaminated, are not marketed to children, and are furnished to beneficiaries in accordance with the CMS model.
  • In response to impending federal changes, 4315, introduced by Senators Rand Paul (R-KY), Amy Klobuchar (D-MN), and Joni Ernst (R-IA), would allow states and Indian tribes to opt out of federal oversight and continue regulating hemp THC products under their own frameworks. This bill follows H.R. 7024 and S. 3686, which were introduced in January and would delay implementation of the federal hemp limits until 2028.
  • At the state level, a small but growing number of states – including New Jersey, Ohio, and now Missouri – have opted to enact the federal limit of 0.4 mg of total THC per container. Bills are pending in New Hampshire, Oklahoma, South Carolina, and Washington State that would do the same.

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