Noticias regulatorias de 2026 que afectan a la industria de alimentos y bebidas de Norteamérica

Over the past year, the food and beverage regulatory landscape has shifted from periodic change to near-continuous motion.

Federal proposals are revisiting long-standing frameworks, such as GRAS. States continue to move in different directions, often at different speeds. Public attention around ingredients and processing now shapes how quickly policies gain momentum. Together, these forces make regulatory risk harder to localize and plan around than last year.

Our 2026 regulatory news update focuses on orientation as much as information. It highlights proposals to monitor, requirements now in effect, and areas where interpretation will matter in the months ahead.

Not every proposal outlined below will become law. Many already influence formulation decisions, documentation practices, and longer-term compliance planning. Use this update to track developments, flag internal discussions, and identify where additional guidance may become necessary.

GRAS Processes Face Potential Federal Reframing

Long-standing GRAS practices now face renewed federal attention. Recent proposals focus on how substances enter review, how determinations are documented, and how Food and Drug Administration (FDA) oversight could evolve.

BETTER FOOD DISCLOSURE ACT

In November 2025, Senator Roger Marshall (R-KS) introduced the Better Food Disclosure Act, with the support of Senators Katie Britt (R-AR) and Rick Scott (R-FL).

The proposed Generally Recognized as Safe (GRAS) Reform law would require the FDA to issue regulations establishing procedures for creating and maintaining a public list of GRAS substances. The bill also mandates labeling a GRAS substance as unsafe after 2 years of enactment unless it is added to the FDA list or is under review for inclusion on the list. Any current food substance sold through interstate commerce must file a GRAS notice with the FDA within two years of the date of enactment. New substances (or new uses of existing substances) are subject to a 120-day filing deadline. The Flavor and Extracts Manufacturing Association (FEMA) GRAS Program will likely proceed with minimal change under the proposed framework.

The bill gives the FDA 180 days after receiving a GRAS notice to either add the food substance to the list or make a preliminary decision to exclude it. If the 180-day deadline passes, the food substance will automatically be added to the list. If excluded by the FDA, a food additive petition supporting its use as GRAS is available.

UPDATE: Senator Marshall removed language from the bill that would have preempted state activity action on food ingredients.

PROPOSED RULE TO AMEND GRAS REGULATIONS UNDER REVIEW

Regulatory news includes a proposed rule created by the Department of Health and Human Services to amend current GRAS regulations.

More specifically, the rule addresses section 21 of the Code of Federal Regulations (CFR), parts 170 and 570. The proposed rule would require the mandatory submission of GRAS notices for use in both human and animal food substances that are claimed to be GRAS. Food substances include both direct and indirect ingredients (such as food packaging). Exemptions cover food substances previously listed or affirmed GRAS for intended use, or the FDA has sent a “no questions” letter. The rule mandates that the FDA maintains and updates the public-facing GRAS inventory list, including conditions of intended use, and clarifies the process for determining GRAS status.

As federal attention shifts toward formalized oversight, expectations around documentation and data readiness extend beyond safety determinations.

Bioengineered Disclosure Faces Legal Pressure

En Natural Grocers v. USDA, the Ninth Circuit Court of Appeals ruled against the USDA’s National Bioengineered Food Disclosure Standard, finding its exemption for highly refined, non-detectable bioengineered (BE) foods unlawful. The 2020 lawsuit, filed by a coalition of organic retailers and shopper advocates, successfully argued that this loophole excluded about 70% of GMO foods from labeling, violating the intent of the 2016 federal disclosure law.

The challenge could redefine the standard by excluding “highly refined foods” from the definition of “bioengineered food”. Currently, highly refined foods that contain no detectable genetically modified material are exempt from BE disclosure. The Ninth Circuit agreed that the USDA acted within its authority in deciding that all disclosures under the rule should use a consistent term. The court ruled that no other similar terms (e.g., GMO, genetically modified, genetically engineered) are allowed, and that the consistent term would be “bioengineered.”

The Ninth Circuit sent the case back to the lower court, directing it to order the USDA to review the issue again. The ruling also directed the district court to determine whether the existing exemption for highly refined foods should remain in place or be set aside pending the USDA’s reconsideration of the issue.

Federal agencies continue to shape how food definitions and required information appear across physical and digital channels.

Ultra-Processed Food Definitions and Digital Labels Move Up the Federal Agenda

El FDA’s Human Foods Program 2026 deliverables explicitly call out continued work toward a federal definition of ultra-processed foods, building on a 2025 information request. The 2026 deliverables list also includes planned draft guidance on food labeling for online grocery, including how Nutrition Facts, ingredients, and allergens are displayed on digital retail platforms.

Representative Don Beyer (D-VA), with support from Representatives Scott Peters (D-CA) and Mike Lawler (R-NY), introduced H.R. 6294 the Childhood Diabetes Reduction Act of 2025. The bill proposes that the FDA require nutrition and health warning labels and ban “junk food” advertisements targeting children. The proposed law would also expand the research program on the health effects of ultra-processed foods (UPFs). The bill designates the Centers for Disease Control and Prevention (CDC) to lead a national initiative to educate children and families about nutrient warnings and health risks associated with UPFs.

Additional regulatory news about the legislation includes front-of-pack (FOP) warning labels on UPF foods with specific cautions about weight gain, obesity, and type 2 diabetes.

Under the terms of the bill, UPFs are defined as food and beverages containing one or more specified ingredients, including “flavoring agents and adjuvants” and “flavor enhancers”.

UPDATE: The bill is listed as pending in the House Committee on Energy and Commerce, with no committee meetings or markups yet.

The broader discussions increasingly surface at the ingredient level, where regulatory focus often becomes more immediate.

UPDATE: U.S. FDA to Ban Synthetic Dyes

No proposed federal laws are under consideration regarding the remaining certified colors (FD&C) used in the food market. But many organizations are planning to remove petroleum-based food dyes.

Regulatory news reports the FDA officially cancelled the permission for Citrus Red No. 2 (used on orange skins) and Orange B (used in sausage casings). Companies may review the FDA’s Food and Cosmetic Information aquí to ensure their commitments are reflected on an Industry Tracker page.

TIMING:

While U.S. policy continues to evolve, some of Canada’s policies are moving from planning to active enforcement.

Canada FOP Labels Move from Transition to Enforcement

With the 40-month transition period ending on December 31, 2025, Canada’s front-of-package nutrition symbol requirements are now mandatory for qualifying products. Health Canada’s website reflects the mandatory status.

Prepackaged food and beverage products deemed high in saturated fats, sugars, and/or sodium must include a front-of-package nutrition symbol.

Together, these developments underscore the importance of ongoing monitoring, cross-functional alignment, and early planning across regulatory and quality teams.

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