Policy

What Congress has done on peptides

No bill has added a peptide to the compounding list. Members of Congress have written letters, asked questions at hearings, and put peptides into a defence bill and a veterans bill.

15 October 2026 6 min read Editorial policy

The 503A bulks list is an FDA regulation, so most of the peptide fight has happened inside the agency. Congress has two kinds of influence. It can press HHS and FDA through letters and hearings, and it can change the law itself. As of 15 October 2026 it has done the first several times and the second only at the edges. Holland and Knight, writing after the July 2026 committee vote, noted that the two routes to listing are FDA rulemaking or Congress amending the Food, Drug, and Cosmetic Act. No bill we found would do the second.

Letters to HHS

Sen. Tommy Tuberville (R-Alabama), 30 July 2025. We have not seen this letter. It is described in a later House letter as warning that "restricting physician-guided compounding risks driving patients into unsafe markets". Associated Press and Undark also report that Tuberville wrote to Kennedy asking for limits on peptides to be lifted.

Rep. Diana Harshbarger (R-Tennessee), 10 November 2025. Writing "as both a pharmacist and a Member of Congress", Harshbarger asked Kennedy to have FDA "exercise enforcement discretion with respect to the compounding of certain peptides". She named six: BPC-157, CJC-1295, ipamorelin, thymosin alpha-1, TB-500 and GHK-Cu. She made two requests:

  • Reevaluate the six "through an improved Pharmacy Compounding Advisory Committee (PCAC) process that prioritizes safety and quality over evidence of clinical efficacy", arguing that "there are no double-blind, placebo-controlled studies for these types of personalized therapies".
  • In the meantime, allow compounding where active ingredients come only from "FDA-registered, cGMP-compliant facilities", compounding happens only in registered outsourcing facilities or state-licensed 503A pharmacies, and each dispensing requires a prescription for an identified patient.

The letter was copied to Commissioner Makary. Associated Press later reported that her son, Tennessee state Sen. Bobby Harshbarger, a pharmacist, was appointed to the committee that voted in July 2026.

Hearings

At a House Energy and Commerce hearing in 2026, according to the Alliance for Pharmacy Compounding, Rep. Harshbarger pressed Kennedy on repopulating the PCAC before its July meeting and on supply of good-manufacturing-practice ingredients. Kennedy replied: "We need to bring it back into a real marketplace," where "legitimate, honest formulation pharmacies with integrity and ethics are formulating them for Americans." The report does not give the hearing date. At the Senate confirmation hearing of FDA nominee Heidi Overton on 24 September 2026, we found no report that peptides were raised.

Bills

Bills in the 119th Congress that name peptides, as of 15 October 2026
BillSponsorWhat it doesStatus
H.R. 8800, FY2027 National Defense Authorization ActRep. Mike Rogers (R-Alabama)Sec. 780 (Sec. 779 in the committee version) bars the Secretary of Defense from listing "legally available peptides" on the prohibited dietary supplement ingredients list, or any similar list, if a service member obtains and uses them "in a manner that is lawful in the location of the member".Passed House 22 Jul 2026, 216 to 212. Received in Senate 14 Sep 2026.
H.R. 10212, PEPTIDES for Veterans ActRep. Nancy Mace (R-South Carolina)VA review of peptide rules with a report in 180 days, an 18-month study, then a voluntary pilot if found safe and beneficial.Introduced 1 Sep 2026. Referred to the Veterans' Affairs Subcommittee on Health 8 Sep 2026.
H.R. 8857, Next GEN Act of 2026Rep. Joseph Morelle (D-New York)Would give "engineered cyclic peptides" 11 years, instead of 7, before selection for Medicare drug price negotiation. Defines them as up to 40 amino acids, at least one cyclic structure, not naturally derived, self-administered.Introduced 15 May 2026. Referred to Energy and Commerce and Ways and Means.

The argument in the Harshbarger letter

The letter's central request goes to the method, not just the outcome. FDA's 2019 rule makes "evidence of effectiveness" one of four criteria it balances for every substance. Harshbarger asked for a process that would weigh "safety profile and suitability for compounding" instead, on the ground that compounded preparations "are inherently individualized and not subject to the same clinical trial models as manufactured drugs." FDA's reviewers took the opposite approach in July 2026: each of their seven briefing documents cited a lack of evidence of effectiveness among the reasons to say no. The committee members who voted yes largely argued from access and supply quality rather than from efficacy data. Changing the criteria themselves would take a new rule or an act of Congress.

Reading the bills

None of the three touches the 503A list. The defence bill provision concerns military supplement rules, not FDA. Its scope depends on the phrase "legally available", which, for most peptides sold online, is the open question FDA has not yet answered. The Department of Defense's prohibited list draws on the WADA Prohibited List among other sources, and many peptides are on it.

The Mace bill would route veterans' access through VA research rather than compounding. Announcing it, Mace said: "Study it. Test it. Follow the evidence. If it works, veterans deserve access."

The Morelle bill is about a different kind of peptide altogether: new oral or inhaled cyclic peptide drugs from industry discovery platforms, and how soon Medicare can negotiate their price. It is the only one of the three that concerns FDA-approved drugs.

What would change things

A statute adding peptides to the 503A list, or changing the PCAC process the way Harshbarger's letter describes, would bypass the rulemaking that has not yet started. No such bill had been introduced in the 119th Congress as of 15 October 2026, based on our search of congress.gov. Members have so far chosen letters and hearings. The timeline places each step in sequence, and the states page shows that one state legislature, Louisiana, has gone further than Congress.

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Questions people ask

Has Congress passed a law on peptides?

No law has been enacted. The House passed the FY2027 defense bill on 22 July 2026 with a section barring the Pentagon from listing legally available peptides as prohibited supplements; the Senate had not acted on it as of 15 October 2026.

What is the PEPTIDES for Veterans Act?

H.R. 10212, introduced by Rep. Nancy Mace on 1 September 2026. It would have the VA review peptide rules, run an 18-month study and, if the study finds them safe and beneficial, a voluntary pilot program.

Which members of Congress wrote to HHS about peptides?

Rep. Diana Harshbarger wrote to Secretary Kennedy on 10 November 2025, and her letter cites a 30 July 2025 letter from Sen. Tommy Tuberville. Both asked for looser limits on compounding peptides.

Could Congress add peptides to the 503A list directly?

Yes, by amending the Food, Drug, and Cosmetic Act. No bill to do that had been introduced as of 15 October 2026.

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