FDA Seeks Information on Gluten Ingredient Disclosures in Packaged Foods

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On January 21, 2026, the U.S. Food and Drug Administration ("FDA") announced a Request for Information regarding labeling of and adverse reactions to gluten in packaged food. While the FDA reviewed available data and reports (including the most recent reports by the Food and Agriculture Organization of the United Nations expert consultation), it still found several serious data gaps. Health and Human Services Secretary Robert F. Kennedy Jr. emphasized the need for radical transparency in packaged food ingredients that impact health conditions and diet-related allergies. The FDA seeks information on two main issues:

  • Adverse reactions due to "ingredients of interest," such as (1) non-wheat gluten-containing grains ("GCGs"), which include rye and barley, and (2) oats due to cross-contact with GCGs.
  • Labeling issues or concerns with identifying these "ingredients of interest" on packaged food products.

Specifically, the agency would like more information on the prevalence of products in which rye or barley are not currently disclosed; the severity and potency of immunoglobulin E-mediated food allergy to rye and barley; and concerns around the gluten content of oats due to cross-contact.

FDA Commissioner Marty Makary, M.D., M.P.H., stated that they "encourage all stakeholders to share their experiences and data" with the goal of developing "policies that will better protect Americans and support healthy food choices." The FDA intends to use the requested information to inform future regulatory actions.

Interested parties must submit electronic or written comments, as well as scientific data and information, by March 23, 2026.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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