New GRAS Legislation Proposed (GRAS Oversight and Transparency Act)
Thursday, February 12, 2026
Print Mail Download info_icon_img/>i
  • On February 3, 2026, Rep. Mike Lawler introduced the GRAS Oversight and Transparency Act, which, if passed, would require a newly-created Board to review all “covered GRAS designations.” 
  • “Covered GRAS designations” are defined in the bill as substances that were designated by their manufacturers as generally recognized as safe (GRAS) prior to 2000. Voting members of the Board would include the Secretary of Health and Human Services, the Secretary of Agriculture, and other staff members from those agencies; a toxicologist from the Environmental Protective Agency; a representative from the food manufacturing industry; and an academic expert in food toxicology.
  • If passed, manufacturers would need to identify “covered GRAS designations” within 90 days. The Board would then assign each substance to one of three categories based on its priority for review. The Board would be required to notify the Secretary and Congress of any determination that a substance has not been shown to be safe within 90 days of completing the review.
  • The issue of GRAS substances has been the center of recent state and federal-level action. As we’ve previously blogged, FDA sent a proposed rule related to GRAS to the Office of Management & Budget (OMB) in December of 2025, but the timing, scope, and substance of the rulemaking remain uncertain. Additionally, states continue to pursue their own regulatory approaches, raising the potential for a more fragmented compliance landscape.
© 2026 Keller and Heckman LLP

Current Public Notices

Current Legal Analysis

More from Keller and Heckman LLP

How FDA Can Better Align Its Draft Guidance on Flavored ENDS with the Tobacco Control Act’s APPH Mandate
by: Azim Chowdhury
TTB Releases Low and No Alcohol Beverage Guidance
by: TSCA at Keller and Heckman
Industry Group Challenges Prop. 65 DEA Warning in First Amendment Suit
by: TSCA at Keller and Heckman
USDA Grants More Waivers to Restrict SNAP Purchases
by: Food and Drug Law at Keller and Heckman
Class-Action Lawsuit Targets Absence of Artificial Preservatives Claims in Dog Food
by: Food and Drug Law at Keller and Heckman
Executive Order Targets “Made in America” Claims
by: Food and Drug Law at Keller and Heckman
UK to Realign its Food-Contact and Other Food-Related Legislation with the EU
by: Packaging Law at Keller and Heckman
Unpacking the Commission’s Priorities for 2026
by: Telecommunications Practice Group
CalRecycle Approves Landbell USA as Textile Industry PRO
by: Sheila A. Millar , Antonia Stamenova-Dancheva
FDA Formalizes a Flavor-Specific PMTA Framework as Youth Vaping Continues to Decline
by: Azim Chowdhury , Neelam Gill
Industry Group Challenges CA Prop. 65 DEA Warning Requirement
by: Packaging Law at Keller and Heckman
FTC and DOJ Launch Inquiry into Updating Antitrust Guidance for Business Collaborations
by: Sheila A. Millar , Tracy P. Marshall
CODEX ALIMENTARIUS – Main Outcome of the 29th Session of the Committee on Fats and Oils (CCFO29)
by: Christophe Leprêtre
FTC Issues COPPA Enforcement Policy Statement Promoting Age-Verification Technology
by: Sheila A. Millar , Tracy P. Marshall
Citizen Petition Calls for FDA to Disclose Company Names Associated with Foodborne Illness Outbreaks
by: Food and Drug Law at Keller and Heckman

Upcoming Events

 
NLR Logo
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters.

 

Sign Up for any (or all) of our 25+ Newsletters