Food regulation update December 29: The latest on MAHA and related developments

 

CHICAGO, December 29, 2025 — IFMA The Food Away from Home Association launched a new benefit for members: A roundup of regulatory developments affecting the food-away-from-home business, including policy changes that are part of the Administration’s Make America Healthy Again (MAHA) initiative. The report is compiled and written by Dr. Joy Dubost, a renowned food scientist and registered dietitian with strong knowledge of what’s happening on the regulatory front.


FEDERAL UPDATES

Whole Milk in Schools
The House has passed a bill to reintroduce whole milk into the national school meal program, advancing this legislation to President Donald Trump for final approval and representing progress for the dairy industry. The Whole Milk for Healthy Kids Act, led by House Agriculture Chair G.T. Thompson (R-Pa.), was approved on December 15th under suspension of the rules. Earlier, the Senate had unanimously approved the bill for the first time in November after extended negotiations. The measure previously received bipartisan support in the House during earlier congressional sessions. This legislation proposes amendments to the National School Lunch Program by removing milk fat from saturated fat calculations in school meals and allowing students access to non-dairy milks without requiring a doctor’s note for the first time. The act does not mandate changes to school menus; rather, schools will be responsible for assessing demand for these new options once the bill is enacted.

USDA

Op-Eds
Secretary of Agriculture Rollins published an opinion piece in The Hill highlighting the ways USDA is partnering with Governors to strengthen integrity and restore nutritional value within the Supplemental Nutrition Assistance Program (SNAP). “At the direction of President Trump, the Department of Agriculture is empowering states with unprecedented flexibility to manage their nutrition programs. This is a bipartisan commitment from red and blue states alike, and SNAP is finally being steered back toward its intended purpose: getting wholesome foods on the plates of America’s most vulnerable,” said Secretary Rollins. “Last Wednesday, I was proud to sign waivers for six states that have decided to strengthen integrity and restore nutritional value within the Supplemental Nutrition Assistance Program (SNAP). These states follow in the wake of 12 others that were approved for similar waivers earlier this year.” Click here for the full piece.

In addition, Secretary Rollins published another opinion piece in USA Today discussing how American agriculture is under threat and due to this Trump is fighting to protect farmers. She noted, “In just 10 months, the Trump administration has delivered more targeted support, faster relief and opened more markets than the Biden administration managed in four.” Read the full piece here.

HHS Secretary Kennedy upcoming SNAP reform is set for Jan. 1, but confusion surrounds its implementation. Eighteen states have adopted restrictions on using SNAP benefits to buy soda and processed foods, each with varying rules. The USDA, which oversees SNAP, hasn't provided clear enforcement guidelines, leaving officials, retailers, and participants uncertain about eligible items. Retailers could be required to ban up to 120,000 products, imposing significant compliance costs with some estimating to be hundreds of millions of dollars each year as item lists must be updated continuously. Inconsistent rules across states make compliance difficult, with even minor mistakes potentially leading to store disqualification from SNAP. Overly broad bans risk discrimination against beneficiaries, which the USDA prohibits. Retailers are unclear about product definitions and worry about negative reactions from shoppers. Advocacy groups also note inadequate education efforts about the new policy. Staffing shortages at USDA and outdated resources have further complicated access to information. Several states including Utah, Indiana, Iowa, Nebraska, West Virginia and Louisiana plan to implement the bans in January, with more following in 2026. Only Oklahoma has released a detailed item list so far; other states have provided limited or ambiguous guidance. Retailers face additional challenges due to recent federal policy changes and fear that smaller stores may leave the SNAP program, worsening food deserts in rural areas. Many questions remain unanswered, and confusion persists among retailers and beneficiaries alike. Click here for further details. 

SNAP Guidance
The USDA released new guidance to state SNAP agencies making it clear that lawful permanent residents who came to the U.S. with, or were given, humanitarian immigrant status can receive SNAP benefits without waiting five years. This update corrects previous guidance from the USDA, which had caused confusion and prompted 20 states and D.C. to file lawsuits challenging those unclear instructions. 

 

CDC

New Database
The CDC has launched a new interactive database offering national, state, and county-level data on the health and behavioral status of Americans. The database includes indicators on breastfeeding, fruits and vegetables, physical activity, sugar drinks, media use, and obesity/weight.

New Appointment 
Ralph Abraham, M.D., was formally sworn in as Principal Deputy Director of the Centers for Disease Control and Prevention (CDC) by HHS Secretary Kennedy. He will assume his responsibilities at CDC headquarters in Atlanta beginning January 5, 2026. Dr. Abraham brings nearly three decades of medical experience, most recently serving as Surgeon General for the state of Louisiana. In his new role, Dr. Abraham will contribute to aligning the CDC with its core mission as the nation's primary defense against infectious diseases. During his tenure as Surgeon General of Louisiana, he led health policy development, promoted disease prevention initiatives, and facilitated collaboration among state agencies to enhance public health outcomes.

FDA

Interview with Diamantas
During a Politico Pro interview, Kyle Diamantas, FDA’s deputy commissioner for human foods, discussed the agency's upcoming challenges and opportunities in 2026 regarding support for the MAHA movement. He acknowledged that the FDA faces significant hurdles in undoing decades of food policy associated with rising rates of chronic disease and diet-related illnesses - issues he oversees as part of the federal nutrition agenda.

Diamantas emphasized that 2026 will be pivotal for advancing MAHA priorities, including reviewing frequently used additives and implementing new packaging rules, despite resistance from food manufacturers. He stated, “FDA cannot tackle this issue alone. Regulation by itself is not enough; solving these chronic diseases requires more than just federal oversight.”

Ultra-Processed Foods (UPF) 
Currently, there is no public timeline for defining UPF. Establishing a definition remains a top priority, but Secretary Kennedy points out the difficulty due to ongoing debate among experts about what it should entail. States such as California have crafted their own definitions, while others, like Massachusetts, are working on similar legislation. Without national standards, companies might face varying state interpretations, complicating compliance.

FDA and Pesticide Exposure
The FDA has limited authority and insight regarding pesticide exposure since the EPA sets permissible levels and the FDA enforces them only for regulated foods. Diamantas stressed the agency’s restricted role, noting that shaping pesticide approval or use policies does not fall within FDA’s purview, even though the MAHA movement pays attention to pesticides—a topic frequently addressed by Secretary Kennedy.

Dietary Guidelines
The main objective is to encourage consumption of healthy foods—such as whole foods, fruits, vegetables, proteins, dairy, beef, and poultry—while reducing ultra-processed items loaded with added sugars. There is growing momentum to return to traditional cooking, favoring meals akin to those prepared by earlier generations using simple kitchen ingredients.

Food Allergies
FDA Expert Panel on food allergies will address causes, treatments, and current guidelines for food allergies. The FDA Expert Panels are roundtable sessions with independent scientists who assess recent evidence, evaluate health risks, examine safer options, and may recommend regulatory actions. This initiative is part of the FDA’s efforts to modernize oversight through rigorous, evidence-based standards that reflect evolving science and consumer health needs. The discussion will be held at the FDA’s White Oak Campus, 10903 New Hampshire Avenue, Silver Spring, MD, in the Great Room. The public and media are welcome, and the event will be livestreamed on the FDA’s YouTube channel. Space is limited. Registration is only required for in-person attendance. Register here.

STATES

California
Governor Newsom announced on December 15th that California has brought on board two former CDC leaders who criticized the Trump administration for disregarding scientific protocols. Susan Monarez, previously a director at the CDC, was dismissed by the White House in late August after she resisted attempts by HHS Secretary Kennedy to remove her. Dr. Debra Houry, the former chief medical officer of the CDC, resigned partly in response to Dr. Monarez's firing. Both Monarez and Houry will now act as consultants for the California Department of Public Health. Last month, they began assisting California with an initiative called the Public Health Network Innovation Exchange. Governor Newsom described this effort as a way to protect Californians from federal policies that move away from science-based health practices. In her new position, Dr. Monarez is expected to advise state health officials on modernizing California’s public health infrastructure, including improving the systems through which medical centers report new outbreaks to state authorities. Dr. Houry will help California look into creating its own resources, such as tests for emerging infectious diseases, and enable data sharing with other states without depending on federal agencies.

New Report
In 2025, over 30 states introduced nearly 120 bills addressing food additives purportedly linked to health risks, reflecting concerns about gaps in federal regulation. By November, 17 bills became law, including bans, disclosure requirements, and restrictions in schools. The new Food Law and Policy Clinic’s report finds most state measures are legally sound, with federal law unlikely to override them, though warning label mandates for certain products may face challenges if they conflict with USDA regulations or federal nutrition objectives. California has led the reform with bans in 2023 and 2024, influencing national changes such as new federal prohibitions on red dye No. 3 and brominated vegetable oil. The report concludes that states have significant authority and responsibility to regulate food safety, filling gaps left by the FDA and driving broader reforms for a safer food system. 

 

Other news

UPF in Schools
Healthy Eating Research (HER) released Ultra-Processed Foods in School Meals: Challenges and Opportunities, an issue brief examining UPFs in school meals and outlining ways to replace them with fresher, local options.

NOPREN: NIH Nutrition Strategic Plan
The Nutrition & Obesity Policy Research and Evaluation Network (NOPREN) will host its January State-of-the-Science webinar on the NIH-wide strategic plan for nutrition research. This session will feature Drew Bremer, MD, PhD, MAS, who serves as Director of the NIH Office of Nutrition Research and Acting Director of the NIH Office of Dietary Supplements. The meeting will be held on January 12, 2026, 12:00 PM ET. Click here to join via Zoom, Passcode: 610909, Meeting ID: 910 5393 6229.

WHO Releases Guideline on GLP-1 Therapies
The World Health Organization has published an evidence-informed guideline regarding the use of GLP-1 therapies in the management of obesity among adults. This document establishes a strategic framework to support countries in enhancing their response to the adult obesity epidemic. It consolidates the current body of evidence, outlines the guideline development methodology, and provides recommendations for increasing equitable access to these medications while promoting a comprehensive approach to obesity management.