- California continues to be a focal point for food and beverage regulation, with lawmakers advancing new disclosure and labeling requirements affecting restaurants, dietary supplements, and other FDA-regulated products.
- On September 11, 2026, the California Legislature passed SB 869 and sent the measure to Governor Gavin Newsom for consideration. The bill would require chain restaurants and retail food establishments to include a warning label on menus for beverages containing more than 100% of the FDA Daily Value for added sugars. Under FDA nutrition labeling regulations, the Daily Value for added sugars is 50 grams per day for adults and children four years of age and older. 21 CFR 101.9(c)(9). As a result, beverages containing more than 50 grams of added sugar per serving would be subject to the proposed warning requirement.
- Under the bill, covered beverages would be identified with an added sugar icon displayed clearly and conspicuously adjacent to the menu item. Restaurants would also be required to provide a statement explaining that the icon signifies the beverage contains or exceeds the total daily recommended limit for added sugar.
- Seperately, on September 25, 2026, Governor Newsom signed AB 2779, which amends California’s food date labeling law to clarify that a “food item for human consumption” does not include a dietary supplement. The amendment modifies AB 660, which took effect on July 1, 2026 and generally requires packaged foods sold in California to use standardized date labeling phrases, including “Best if Used By” for quality-related dates and “Use By” for safety-related dates. As a result, dietary supplements are excluded from the law’s standardized date labeling requirements. The bill includes an urgency clause and became effective immediately upon the Governor’s signature.
- Keller and Heckman will continue to monitor developments related to California food labeling, dietary supplement regulation, and menu disclosure requirements, including the status of SB 869 and implementation of AB 2779.
