Chemical Compliance: What to Expect in 2026

Each year, Bergeson & Campbell, P.C., its global consulting affiliate The Acta Group, and consortia management affiliate B&C Consortia Management, L.L.C., prepare a summary overview of things to come in the new year. We are pleased to present our Forecast 2026. Our global team of chemical experts works hard each year to summarize our collective best guess on what to expect in the new year regarding global industrial, agricultural and biocidal chemical regulatory and policy initiatives. This year's analysis was no easy feat, given the general capriciousness of the world in which we live, global geopolitical and trade tensions and the looming 2026 midyear elections.

Domestic Policy

The first year of the second Trump administration and Republican congressional dominance did not disappoint in terms of shattering the status quo, reconfiguring the federal administrative state and rolling back Biden administration initiatives, including climate change, clean energy and environmental justice and equity commitments. If the past is prologue, 2026 could see further legal and regulatory upheaval, perhaps tempered a bit by sagging poll numbers and a reluctant acknowledgment that the business community and the voting public alike really do not like unpredictability and chaos.

We speculated last year that the double whammy of Loper Bright, the Supreme Court decision overturning the long-standing doctrine of "Chevron deference," and the resolve of the environmental non-governmental organization (eNGO) community to challenge judicial attempts to dismantle the Biden-Harris climate gains suggested a great deal of litigation is in our future. We were correct, and 2026 is likely to be similarly litigious. We believe Loper Bright will continue to cast a tall shadow in 2026, and litigation will remain both robust and the problem solver of choice. It is unclear if a changed political landscape and a likely (if current poll numbers hold) reconfigured Congress will blunt some of the administration's strongest anti-regulation tendencies, giving way to renewed energy for what some might characterize as a more balanced approach to chemical policy.

The Republicans' razor-thin margin in the U.S. House of Representatives and an equally divided U.S. Senate suggest little if any legislation will be considered, let alone passed, in 2026. Toxic Substances Control Act (TSCA) fees are up for reauthorization, and there remains considerable interest within the chemical community to revisit key provisions in the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The eNGO community remains vigorously opposed to legislative amendments, suggesting legislative action may be tough.

Non-Domestic Initiatives

The European Union (EU) Parliament's shift to the right has slowed, but it has certainly not extinguished significant European chemical initiatives. While the new Parliament may have shifted right, the EU's deeply rooted commitment to sustainability and circularity will continue to influence global corporate behavior. Layered on top of expected regional differences in chemical policies and regulations is the uncertainty and rancor U.S. import tariffs have inspired, and their impact on investments and supply chain predictability is a serious and continuing source of considerable uncertainty.

The European Commission's proposed Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) revision, issued in 2025, is expected to be adopted. Implementation is scheduled to occur in 2026 or 2027, with efforts focusing on compliance with registration dossiers and other process improvements. The European Union Deforestation Regulation (EUDR) was set to take effect in late December 2025 but was delayed a year for the second time.

While businesses are largely delighted with the reprieve, the eNGO community is not. The EU's proposed ban of per- and polyfluoroalkyl substances (PFAS) continues to advance. We expect to see essential use criteria emerge in 2026 and in the next phases of prohibiting PFAS in consumer applications. Other global PFAS initiatives and U.S. state programs are evolving at a brisk pace with no end in sight.

Our forecast identifies and discusses initiatives well beyond U.S. and European borders. As in years past, we provide a succinct overview of chemical initiatives in the 2026 forecast for the U.S., Europe, Great Britain, South and Central America, Asia, the Pacific Rim and Turkey. We summarize in detail comprehensive chemical product, labeling and hazard communication developments in South and Central America, which have picked up speed post-pandemic.

Our core business remains laser-focused on the complex intersection of chemical law, science, regulation and policy, disciplines in which our acclaimed global team of lawyers; scientists, including toxicologists, chemists, exposure experts, and geneticists; and regulatory and policy experts is deeply versed.

We offer you our best wishes for good health, happiness and success in what will be a busy and interesting new year.