Regulatory Roundup

Regulatory Roundup October 6, 2026

AWG Regulatory Roundup — October 6, 2026

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FDA Announces 2026 Food Facility Registration Renewal Period

FDA has issued a Constituent Update reminding food facilities that every two years, between October 1 and December 31, owners, operators, or agents in charge of a domestic or foreign facility that manufactures, processes, packs, or holds food (including dietary supplements) for human consumption in the U.S. must renew their registration with FDA. Food facilities must submit renewal information electronically through their FDA Industry Systems account, unless FDA has granted a waiver permitting registration by mail or fax. Registration and renewal are free, and FDA will consider a registration expired if the facility fails to renew by December 31, 2026. Facilities also must include a unique facility identifier (UFI) recognized as acceptable to FDA with their registration submission. However, the agency currently recognizes the Data Universal Numbering System (DUNS) number as an acceptable UFI. In addition, qualified facilities must complete and submit a Qualified Facility Attestation during the same biennial renewal period.

Please reach out if you need assistance with these registrations.

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FDA Updates Regulations to Increase Alternatives to Animal Testing

On September 22, 2026, FDA published a direct final rule replacing language such as “animal tests” and “animal studies” with “nonclinical tests” and “nonclinical studies” throughout applicable FDA regulations. Consistent with the Food and Drug Omnibus Reform Act of 2022, the final rule also substitutes “nonclinical” for “preclinical” and “in vitro.” The rule will become effective February 4, 2027. Although the Agency does not anticipate “significant adverse comments,” electronic and written comments may be submitted until December 7, 2026.

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Uniform Consumer Product Disposal Framework Advances to the House

On September 16, 2026, the House Energy and Commerce Committee approved the Packaging and Claims Knowledge Act of 2025, or “PACK Act” (H.R. 6832), and reported it to the full House of Representatives for consideration. The PACK Act would establish a uniform federal framework governing recyclable, compostable, and reusable claims for consumer-product packaging.

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Minnesota’s PFAS Reporting Deadline Has Passed – Implications for Manufacturers

Under Minnesota’s PFAS pollution prevention law, known as Amara’s Law, manufacturers must report products containing intentionally added PFAS that are sold, offered for sale, or distributed in Minnesota and pay a reporting fee. Initial reports were due September 15, 2026. Products manufactured before July 1, 2023, are excluded from the reporting requirement. Manufacturers that requested and received an extension before the deadline have until December 14, 2026, to submit their initial reports to the Minnesota Pollution Control Agency. Drugs and medical devices are exempt from the law’s 2032 PFAS prohibition but remain subject to the state’s reporting requirements.

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New Mexico Federal Court Temporarily Blocks the State’s New PFAS Product-Labeling Requirements

On September 16, 2026, a New Mexico district court judge granted a preliminary injunction against the state’s sweeping new PFAS product-labeling requirements for products manufactured after January 1, 2027, finding that the industry challengers (the American Chemistry Council, the National Association of Manufacturers, and several other industry groups) were likely to succeed on their argument that the labeling requirements violate the First Amendment.

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California Corner: New Laws Affecting Foods, Supplements & OTC Drug Products

California recently enacted three measures addressing age restrictions, “Non-Ultraprocessed Certified” foods, and date-labeling requirements.

  • On September 28, 2026, California Governor Gavin Newsom signed into law AB 2030, prohibiting the sale and distribution of OTC diet pills and weight-loss or muscle-building dietary supplements to individuals under 18 years of age – making California the second state in the nation to enact such a law, with New York being the first in 2023. The law also requires retailers to verify a purchaser’s age before completing a sale. Retailers do, however, have some discretion in how they restrict minors’ access to the covered products and implement age-verification measures (e.g., a retail establishment “may limit access to those products in a manner designed to prevent unauthorized access to those products.”) Online retailers must verify that an individual is at least 18 before accepting a delivery sale order and must use a delivery method that requires an adult at least 18 years of age to sign for and accept delivery. Although the bill does not specify an effective date, California law provides that statutes enacted during a regular session take effect January 1 of the following year. Thus, the bill is expected to take effect January 1, 2027.
  • On the same day, Governor Newsom also signed into law AB 2244, which requires the California Department of Public Health to accredit certification agents authorized to certify food products as “Non-Ultraprocessed Certified” by June 1, 2029. The law also imposes registration and reporting requirements on accredited certification agents. AB 2244 follows California’s existing UPF legislation enacted through AB1264 in October 2025, which requires the State Department of Public Health to adopt regulations by June 1, 2028, defining “ultraprocessed foods of concern” and “restricted school foods,” among other requirements.
  • On September 18, 2026, Governor Newsom signed into law AB 2779, expressly exempting dietary supplements from California’s standardized date-labeling requirements. AB 660, enacted in 2024, had created uncertainty over whether “food items for human consumption” included dietary supplements for purposes of standardized date-labeling.

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Where We’ll Be

Please say hello or reach out to schedule a meeting! 

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, and Abhi Gurnani, 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

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