Food regulation update December 8: The latest on MAHA and related developments

CHICAGO, December 8, 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

HHS

New Appointment - HHS has named Martin Kulldorff, Ph.D., as chief science officer for the Office of the Assistant Secretary for Planning and Evaluation (ASPE). Kulldorff is a biostatistician and epidemiologist with over 200 peer-reviewed publications, former chair of CDC’s Advisory Committee for Immunization Practices and past Harvard Medical School faculty member. ASPE provides policy advice to HHS, leads initiatives, coordinates research and evaluations, and offers analyses and cost estimates for public health, health care, and human services policies.

USDA

SNAP - After 22 attorneys general filed a lawsuit against the Trump administration over guidance they argue unlawfully blocks certain immigrant groups from receiving food assistance, state agencies are now unsure how to distribute benefits from the Supplemental Nutrition Assistance Program (SNAP), the nation's largest anti-hunger initiative. The lawsuit claims that on October 31, the USDA issued guidance incorrectly stating that some lawful permanent residents—such as former refugees and asylum-seekers—are no longer eligible for SNAP. The attorneys general have asked the court to prevent the USDA from enforcing this policy, contending it goes beyond the scope of the One Big Beautiful Bill Act and unfairly excludes many lawful permanent residents from SNAP. The One Big Beautiful Bill Act removed SNAP eligibility for migrants who entered the U.S. as refugees or received asylum. However, the attorneys general maintain that the law does not deny benefits to people who previously held these statuses but later became lawful permanent residents, which is the main argument of their legal challenge.

FDA

GRAS - FDA proposed rule to amend the Generally Recognized as Safe process has been sent to the Office of Management and Budget (OMB) for review which is the last "check point" prior to being publicly released for a comment period.

STATES

California

This week San Francisco City Attorney David Chiu filed a landmark lawsuit against ten major food companies, claiming that these businesses were aware their products caused health issues but continued to create and promote addictive, harmful foods to increase profits. According to the city's announcement, the 64-page lawsuit asserts that these companies engaged in unfair and deceptive marketing practices of ultra-processed foods, violating California’s Unfair Competition Law and public nuisance statute. It seeks an order to stop misleading marketing and force action to mitigate the impact of such conduct. In addition, the suit asks for restitution and civil penalties to address the public nuisance and help local governments manage the high health care costs associated with ultra-processed foods.

The sole precedent occurred in August, when a federal judge in Philadelphia dismissed one of the earliest private lawsuits in the country related to ultra-processed foods. This suit was brought by a young individual who had been diagnosed with Type 2 diabetes and nonalcoholic fatty liver disease at age 16. San Francisco’s city attorney’s office is widely regarded as a leader in public health litigation, having previously obtained $539 million in settlements from tobacco companies whose strategies are frequently cited as models within the food industry.

Just recently, in a display of bipartisan cooperation, both Democrats and Republicans in California enacted legislation this year that formally defines ultra-processed foods and establishes the groundwork for prohibiting them in schools—a measure Governor Gavin Newsom described as a success for both parties. To date, HHS Secretary has yet to publicly comment on this so one could assume he will not comment on this new lawsuit. However, similar rhetoric has been used by the Secretary, and this does not prevent the MAHA moms and supporters for using this as fuel for their state advocacy agenda or for other states to proceed with similar lawsuits.
Thus far there has been one industry response from the Consumer Brands Association. Sarah Gallo, senior vice president of product policy at CBA stated “The makers of America’s trusted household brands support Americans in making healthier choices and enhancing product transparency. That’s why food and beverage manufacturers keep offering new options with more protein and fiber, less sugar and sodium, and no synthetic color additives.”

Here is a link for the press conference held today - City Attorney to Announce Legal Action

MAHA

Low-Carb Advocacy

MAHA supporters are asking their followers and influencers to urge the 2025–2030 U.S. Dietary Guidelines to include a low-carbohydrate option for Americans. Advocates argue decades of high-carb, low-fat recommendations have worsened health, while research shows low-carb diets can safely reverse obesity, diabetes, liver disease, and heart risk factors. Supporters are asked to push this message on social media to influence policymakers during this five-year update window.

OTHER NEWS

Allergen Update

The Allergen Disclosure for Dining Experiences (ADDE) Knowledge Hub is a cross-industry initiative focused on improving allergen transparency and supporting better allergen management in food businesses. They invite experts from academia, public health, and the food industry to collaborate by joining their Advisory Board, contributing content, being featured on ADDE platforms, or sharing insights to guide best practices. Please reach out to Laura Kirwan, Ph.D., Regulatory Expert at Nutritics, if interested email laura@nutritics.com.