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ARTICLE · 10 NOVEMBER 2026

The FRESH Act Could Upend The Patchwork Of State PFAS Laws

Winston Taylor
Explore more from Winston Taylor

A proposed federal bill could fundamentally reshape the regulatory landscape for PFAS in food packaging by preempting state laws that differ from federal standards. The FRESH Act's broad preemption provision raises critical questions about whether states can continue to impose restrictions on per- and polyfluoroalkyl substances that exceed federal requirements, potentially displacing recent state legislation from Maine, Washington, California, Minnesota, and other jurisdictions.

United StatesConsumer Protection
Sam Falcon Trimbach
Sam Falcon Trimbach
Madalyn Brown Feiger
Madalyn Brown Feiger
Madeline Barone
Madeline Barone

On April 22, 2026, Representative Kat Cammack released a discussion draft of a bill titled “FDA Review and Evaluation for Safe, Healthy and Affordable Foods Act of 2026” (the FRESH Act). The bill proposes a series of amendments to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) (FDCA), including reforms to the “Generally Recognized as Safe” notification system and infant- and toddler-food regulation. One provision has attracted the attention of many and deserves closer scrutiny: a broad federal preemption clause that could displace the ever-increasing state regulation of per- and polyfluoroalkyl substances (PFAS) in food and food packaging.

Title XIII: “National Uniformity and Preemption”

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