April 28, 2026

Congress Takes Up Slate of FDA Bills Aimed at Reforming Food Regulations

Next Step for Make America Healthy Again Agenda

Holland & Knight Alert

Highlights

The U.S. House of Representatives Committee on Energy and Commerce Subcommittee on Health will meet this week to consider changes to U.S. Food and Drug Administration (FDA) regulation and oversight of foods and food ingredients, dietary supplements, infant formula and other products.
The Health Subcommittee hearing will examine issues central to the Make America Healthy Again movement, which wields significant influence on food and health policy issues.
A central tension at the hearing will be the question of federal preemption of state food safety laws – a priority for industry groups facing an increasingly active state regulatory landscape.
This Holland & Knight alert outlines key considerations for stakeholders in the food and dietary supplement industries as the U.S. Congress and the Trump Administration continue legislative and rulemaking processes.

The U.S. House of Representatives Committee on Energy and Commerce Subcommittee on Health will hold a legislative hearing on April 29, 2026, to consider a slate of bills seeking to change how the U.S. Food and Drug Administration (FDA) regulates and oversees foods and food ingredients, dietary supplements, infant formula and other products under the FDA's authority. The hearing, "Healthier America: Legislative Proposals on the Regulation and Oversight of Food," is expected to explore the link between chronic disease and products available to consumers, improve transparency in food labeling, and enhance the FDA's regulatory and oversight capabilities to protect consumers from potentially unsafe products – key themes that remain central to the Make America Healthy Again (MAHA) movement, which continues to influence how the U.S. Congress and Trump Administration approach food and health policy issues.

This Holland & Knight alert outlines key considerations for stakeholders in the food and dietary supplement industries as Congress and the Trump Administration continue legislative and rulemaking processes.

Background

The establishment of the MAHA Commission on February 13, 2025, gave the MAHA movement – a key priority for U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. – a platform to pursue wide-ranging changes to health and food policy. As outlined in its inaugural assessment published on May 16, 2025, and detailed further in a subsequent strategy published on September 9, 2025, the MAHA Commission set several lofty goals, including:

Reduce rates of chronic disease and obesity, particularly among children.
Reduce consumption of ultra-processed foods.
Reduce childhood exposure to certain chemicals.
Prohibit use of petroleum-based dyes.
Overhaul the generally recognized as safe (GRAS) standard.
Implement "radical transparency."

To date, the FDA, HHS, U.S. Environmental Protection Agency (EPA) and other agencies have pursued a combination of activities to meet the aforementioned goals, ranging from voluntary compliance efforts to pursuing rulemaking to changes in compliance and enforcement stances. However, a full realization of the MAHA Commission's goals will likely require regulatory and legislative changes, as well as collaboration and alignment across the federal government to support implementation. Existing regulatory efforts underway today include:

A proposed rule to address substances considered GRAS has been under review at the Office of Management and Budget (OMB) since December 2025 and is anticipated to be released in the coming weeks. The proposed rule is expected to overhaul the FDA GRAS process, potentially eliminating GRAS self-affirmation and requiring prior notification of new food ingredients prior to placement on the U.S. market.
A final rule to limit sodium content in standardized foods and allow salt substitutes was transmitted to OMB on April 20, 2026.
A proposed rule to build off the FDA's July 25, 2025, request for information (RFI) related to developing a standard, uniform definition of ultra-processed foods remains in process.
A proposed reorganization as outlined in the president's budget request for fiscal year (FY) 2027 of the HHS would create an Administration for a Healthy America (AHA). The AHA would consolidate several existing programs under a singular entity and streamline funding, but formally reorganizing HHS and establishing AHA may need explicit congressional approval. A similar request was included in the president's budget request for FY 2026 but was not included by Congress in the final funding bill for HHS.
A proposed rule to require front-of-package nutrition labels on most foods that must bear a Nutrition Facts label was published January 16, 2025, but the comment period was extended 60 days. A final rule has not been published to date. The FDA held a public meeting to discuss the scope and regulatory implications of the phrase, "dietary substance for use by man to supplement the diet by increasing the total dietary intake," as used in the Dietary Supplement Health and Education Act of 1994.

State-Level Momentum and the Push for Federal Preemption

Though the federal regulatory process has moved deliberately, state legislatures have advanced food safety measures at a rapid pace – creating a growing patchwork of state laws that has become a driving force behind the upcoming hearing.

Most notably, the New York legislature recently passed a landmark bill requiring companies to disclose to the state any time they have self-determined that a food additive is GRAS. Under current federal rules, food manufacturers are not required to notify the FDA of a GRAS determination, meaning that the FDA does not maintain a comprehensive list of all food chemicals currently on the market or the safety data underpinning each substance. The New York law would require companies to share their safety data with a state agency, which would then make the information publicly available. The bill also bans three additives in New York: Red No. 3, propylparaben and potassium bromate.

New York is not alone. Across the country, MAHA-aligned advocates and consumer groups have achieved significant legislative victories at the state level, including bans on specific food additives, enhanced labeling requirements and new disclosure obligations. For many in the food industry, this accelerating state-level activity has elevated federal preemption – the principle that federal law supersedes conflicting state laws – to a top legislative priority. This dynamic provides context for the April 29 hearing: The legislation under consideration is not solely a response to the MAHA agenda at the federal level but also reflects industry's urgent interest in establishing a federal regulatory floor that would preempt more restrictive state measures.

Congressional Action

Each of these ongoing regulatory efforts has complemented and informed work being done in Congress, with congressional committees seeking to integrate MAHA themes into briefings, hearings and caucus activities, as well as introduce various food and health policy priorities such as legislation to address chronic disease, improve pre- and post-market capabilities of the FDA related to food and other regulated industries, and ongoing efforts to reauthorize the Farm Bill. The upcoming House Committee on Energy and Commerce hearing highlights that many in Congress share the MAHA movement's goals, combining renewed interest from some Republicans with longer-term, bipartisan priorities to improve food and infant formula safety. An analysis of bills for consideration in the hearing is included in the table below.

Bill Name	Main Objectives	Sponsor
Grocery Reform and Safety (GRAS) Act (H.R. 4958)	Eliminate "Self-GRAS" determinations to prohibit food companies from using additives without prior approval or mandatory notification to the FDA Mandates all GRAS determinations and supporting scientific evidence be publicly available rather than confidential Creates a proactive process for the FDA to reevaluate the safety of already permitted substances based on new science or public concerns	Rep. Frank Pallone (D-N.J.)
GRAS Oversight and Transparency Act (H.R. 7291)	Establishes a specialized board within the HHS to evaluate existing GRAS designations, especially those from prior to 2000 that were not submitted to the FDA for premarket review, ensuring substances meet modern safety standards	Rep. Mike Lawler (R-N.Y.)
FDA Review and Evaluation for Safe, Healthy and Affordable Foods Act of 2026 (H.R. ___)	Creates a mandatory notification and public registry system Establishes formal, ongoing and transparent FDA review of already approved or GRAS-listed food chemicals and additives Focuses on reviewing and banning high-concern substances, including certain synthetic dyes and phthalates	Rep. Kat Cammack (R-Fla.)
Food Chemical Reassessment Act of 2025 (H.R. 4306)	Requires the FDA to conduct mandatory three-year safety reviews of food additives and GRAS substances Focuses on high-priority substances such as titanium dioxide and certain dyes, authorizing regulatory action if substances are deemed unsafe	Rep. Jan Schakowsky (D-Ill.)
Food Labeling Modernization Act of 2026 (H.R. 8385)	Strengthens the Federal Food, Drug, and Cosmetic (FD&C) Act's requirements regarding nutrient information on food labels Modernizes labeling to improve consumer awareness and ensure cleaner, more transparent labeling practices	Rep. Pallone
Baby Food Safety Act of 2026 (H.R. 8429)	Establishes enforceable limits on toxic heavy metals (including lead, cadmium, mercury and arsenic) in infant and toddler food and strengthens testing and transparency requirements for manufacturers Complements state-level laws that require testing and public disclosure of contaminant levels Solidifies enforceable timelines to improve the FDA's "Closer to Zero" initiative	Rep. Raja Krishnamoorthi (D-Ill.)
Infant Formula Safety Modernization Act of 2026 (H.R. 7867)	Expands required pathogen testing by directing the FDA to develop a comprehensive list of pathogens and microorganisms that infant formula manufacturers must test for Requires standardized environmental monitoring inside infant formula facilities Compels manufacturers to notify the FDA of any positive pathogen test	Reps. Rosa DeLauro (D-Conn.) and Jeff Van Drew (R-N.J.)
Transparency, Readability, Understandability, Truth, and Helpfulness (TRUTH) in Labeling Act (H.R. 4725)	Improves accessibility of nutritional information on product packaging by requiring a standardized, interpretive symbol on labels identifying high amounts of added sugars, sodium and saturated fat Generates labeling criteria based on Daily Reference Values for adults, children and infants	Rep. Schakowsky
Improving Newborns' Food and Nutrition Testing Safety (INFANTS) Act of 2025 (H.R. 2472)	Mandates manufacturers to conduct quarterly testing for toxic heavy metals and maintain detailed records for at least two years for FDA inspection Sets limits on arsenic, lead, cadmium and mercury in food intended for children up to 24 months old Implements environmental monitoring programs in formula facilities specifically for Cronobacter and Salmonella	Rep. Emilia Sykes (D-Ohio)
Sarah Katz Caffeine Safety Act (H.R. 2511)	Establishes new regulatory requirements for labeling the caffeine content of foods and dietary supplements, expands research into the health effects of caffeine consumption and develops a public outreach campaign to inform consumers about the risks of overconsumption Requires restaurants with more than 20 locations to 1) label menu items containing added caffeine and 2) note items with at least 150 milligrams (mg) of total caffeine per serving as "high caffeine" Requires foods and dietary supplements containing more than 10 mg of caffeine to be labeled with 1) the amount per serving, 2) whether the source is natural or added, and 3) a statement that the recommended daily limit is 400 mg	Reps. Rob Menendez (D-N.J.) and Chris Smith (R-N.J.)
No Tricks on Treat Act of 2025 (H.R. 5882)	Amends the FD&C Act to include foods containing synthetic dyes or any nonnutritive sweeteners as misbranded if not prominently stated on the principal display panel of the food packaging Authorizes the FDA to enforce the FD&C Act, including by using warning and untitled letters, import alerts, recalls, debarments, civil money penalties, injunctions and seizures	Reps. Sara Jacobs (D-Calif.) and Anna Paulina Luna (R-Fla.)
Dietary Supplement Listing Act of 2026 (H.R. 8370)	Require companies to provide the FDA critical product information, including product names, a list of all ingredients, an electronic copy of the label, allergen statements, and health and structure/function claims	Rep. Maxine Dexter (D-Ore.)
Federal and State Food Safety Information Sharing Act (H.R. 8340)	Amends the FD&C Act to remove barriers that prevent the FDA from sharing certain data, including surveillance data on foodborne illness outbreaks, laboratory findings, facility inspection records, recall information and consumer complaints	Rep. Brad Sherman (D-Calif.)
Do or Dye Act (H.R. 3722)	Bans specific petroleum-based synthetic dyes from the U.S. food supply Amends the FD&C Act to classify foods containing these dyes as adulterated, targeting ingredients often linked to neurobehavioral issues Bans Citrus Red No. 2 and Orange B on December 31, 2025; phases out Red No. 40, Yellow No. 5, Yellow No. 6, Green No. 3, Blue No. 1 and Blue No. 2 on December 31, 2026	Reps. Luna and Grace Meng (D-N.Y.)
Ban Harmful Food Dyes Act (H.R. 5027)	Amends the FD&C Act to ban harmful dyes and petroleum-based additives, including Red No. 40, Red. No. 3, Yellow No. 5, Orange B, Titanium Dioxide and other additives	Rep. Meng
Codifying Useful Regulatory Definitions (CURD) Act (H.R. 1394)	Amends the FD&C Act to formally define "natural cheese" as a ripened or unripened soft, semisoft or hard product produced from animal milk or dairy ingredients via traditional methods Distinguishes traditional cheesemaking from processed cheese, cheese spreads, cheese foods and blended cheeses	Reps. Bryan Steil (R-Wis.) and Jim Costa (D-Calif.)
Alpha-gal Allergen Inclusion Act (H.R. 1178)	Expands the definition of "major food allergen" to include galactose-alpha-1,3-galactose (alpha-gal), which includes ingredients derived from non-catarrhine primate mammals and red algae in the order Gigartinales	Reps. Van Drew and Donald Davis (D-N.C.)
Honey Integrity Act (H.R. 2162)	Requires the FDA to establish a formal definition and standard for honey to prevent mislabeling and ensure product integrity Directs HHS to submit a report to Congress detailing enforcement actions against adulterated and misbranded honey Mandates the destruction of adulterated honey	Reps. Greg Steube (R-Fla.) and Jimmy Panetta (D-Calif.)
Food Date Labeling Act of 2025 (H.R. 4987)	Standardizes date labels on certain products while significantly reducing food waste; "Best If Used By" would communicate to consumers that the quality of the food product may begin to deteriorate after the date, and "Use By" would communicate the end of the estimated period of shelf life, after which the product should not be consumed	Reps. Chellie Pingree (D-Maine) and Dan Newhouse (R-Wash.)
Requiring Ethical and Accurate Labeling of Lab-grown (REAL) Meats Act (H.R. 5832)	Establishes strict labeling standards for cell-cultured and plant-based, lab-grown meat products to prevent confusion with conventional meat products	Rep. Roger Williams (R-Texas)
Dietary Supplement Regulatory Uniformity Act (H.R. 7366)	Affirms the FDA's authority over dietary supplement regulation by amending the FD&C Act to explicitly ban state or local governments from enforcing requirements that are different from, or in addition to, federal regulations for dietary supplements Seeks to establish a uniform national regulatory framework Allows states to apply to the FDA for exemptions if their requirements are more stringent than federal law or address compelling local conditions, provided they do not conflict with federal compliance	Rep. Nick Langworthy (R-N.Y.)
Stephen Hacala Poppy Seed Safety Act (H.R. 2615)	Prohibits the sale of poppy seeds that contain a harmful level of opiates Requires the FDA to issue regulations that establish a maximum level of contamination	Reps. Steve Womack (R-Ark.) and DeLauro
Safer Shrimp Imports Act (H.R. 3324)	Prohibits the importation of shrimp from countries that do not have food inspection systems equivalent to the FDA inspection system for shrimp or that have not entered into an agreement with the FDA facilitating U.S. inspection of their food facilities Requires the FDA to seek to enter into arrangements and agreements with the government of each country with at least one facility that manufactures, processes, packs or holds shrimp for consumption in the U.S. to facilitate FDA inspection of such facilities	Reps. Mike Ezell (R-Miss.), Troy Carter (D-La.) and Julia Letlow (R-La.)
Defending Domestic Orange Juice Production Act of 2025 (H.R. 933)	Directs the FDA to reduce the minimum required level of orange juice soluble solids (Brix standard) for pasteurized orange juice from 10.5 percent to 10 percent	Reps. Scott Franklin (R-Fla.) and Debbie Wasserman Schultz (D.Fla.)
Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday (DAIRY PRIDE) Act (H.R. 8414)	Mandates that products labeled as "milk" must come from dairy animals and prevents plant-based alternatives from using traditional product terms Requires the FDA to issue guidance for nationwide enforcement of these standards within 90 days of enactment	Rep. John Joyce (R-Pa.)
Third-Party Certification and Inspection Modernization Act of 2026 (H.R. 8431)	Amends the FD&C Act to allow a broader range of entities in the food supply chain to undergo third-party audits to ensure compliance with federal food safety standards by domestic and foreign entities Allows the usage of food and facility certifications to support broader regulatory activities beyond import programs Requires the establishment of a formal system to recognize accreditation bodies within two years of enactment, ensuring consistent standards for auditors	Reps. Deborah Ross (D-N.C.) and Michael Rulli (R-Ohio)
No False Formula Act (H.R. 8412)	Directs the HHS secretary, acting through the FDA commissioner, to revise certain regulations related to infant and toddler beverages to prevent the sale of fraudulent formula	Rep. Jacobs
To provide the Food and Drug Administration needed authorities to carry out its regulatory mission with respect to human foods, to provide additional resources and authorities with respect to human foods research, and for other purposes (H.R. 8432)	Strengthens the FDA's authority to regulate human foods, improve safety oversight and boost research capabilities Proposes new tools – including a biennial registration fee for foreign food facilities – intending to generate additional revenue for food oversight	Rep. Diana DeGette (D-Colo.)

Any food and health priorities considered by Congress must compete with other "must pass" efforts, which take time and attention. With a packed agenda, a compressed schedule given the looming summer recess, a busy campaign season ahead and uncertainty about what the 120th Congress may look like, Congress may be less likely to quickly advance significant policy changes to the FDA's regulatory and oversight capabilities. As such, though not impossible, these bills will have a hard time receiving time on either chamber's floor.

Instead, it is likely the FDA, HHS, EPA and other agencies will continue to pursue wide-ranging changes through rulemaking and use regulatory authorities to the strongest extent possible. This could include, but not limited to, more strict enforcement, less flexibility in regulatory discretion for facility inspections and new RFIs to inform work on priorities that have so far been voluntary initiatives – such as revoking the authorization for use of additional food additives. Should party control of one or both chambers of Congress result from the midterm election, the possibility for enhanced investigations, issuance of subpoenas and other more forceful investigative procedures will occur, as well as a shift in congressional focus to oversight of the Trump Administration.

The hearing signals the likelihood that the House Energy and Commerce Committee will schedule a committee markup in the weeks ahead to include some – if not all – of the legislation considered during the hearing. This is an opportunity to amend any of the proposed bills moving through the committee before being reported to the House floor for a vote. For questions, please contact the authors.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.

Congress Takes Up Slate of FDA Bills Aimed at Reforming Food Regulations

Next Step for Make America Healthy Again Agenda

Highlights

Background

State-Level Momentum and the Push for Federal Preemption

Congressional Action

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