Bill > A3131

Introduced Session

This bill requires labeling of any over-the-counter drug or prescription drug that contains an ingredient derived directly or indirectly from a major food allergen or a gluten-containing grain. Specifically, the bill provides that the label is to identify each ingredient and, where applicable, specify the type of gluten-containing grain. This information is required to be displayed in a manner that is conspicuous and easily understandable to consumers. The failure to label an over-the-counter drug or prescription drug that contains an ingredient derived directly or indirectly from a major food allergen or a gluten-containing grain would constitute misbranding in violation of pre-existing food and drug labeling, except that there would be an additional penalty of $500 for a first offense, $1,000 for a second offense, and $2,000 for any third or subsequent offense. The bill provides that the Department of Health is responsible for administering and enforcing the bill's provisions. This bill, based on similar federal legislation introduced by United States House Representative Kelly Morrison of Minnesota, seeks to enhance consumer safety for individuals with allergies or gluten sensitivities. It is the intent of the sponsor to require clear labeling of allergens and gluten on over-the-counter drugs and prescription drugs, enabling consumers to make informed decisions and avoid adverse reactions.

AI Summary

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Lisa Swain (D)*, 

Introduced, Referred to Assembly Health Committee (on 01/13/2026)

Official Document