Food regulation update February 9: The latest on MAHA and related developments

CHICAGO, February 9, 2026 — 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 

FDA

New Bill on Nutrient Threshold - House Representative W. Gregory Steube introduced H.R.7122 which proposes to amend the Federal Food, Drug, and Cosmetic Act to specify that a food shall be considered misbranded if the value of nutrients on its labeling deviates by more than 5% of the value specified on such labeling, and for other purposes. The bill has three co-sponsors and will be sent to the House Committee on Energy and Commerce. Currently if a nutrient listed on a label deviates more than 20 % above the declared value (for things like calories, total sugars, sodium, etc.), the product can be deemed misbranded. This bill seeks to change this threshold. 

 

MAHA

Take Back Your Health Tour – HHS Secretary Kennedy traveled to Nashville, Tennessee this past Wednesday with a rally at the state capitol alongside Tennessee Governor Lee, elected officials, and supporters. Kennedy delivered another speech covering various topics like colors and dietary guidelines. As part of this trip Kennedy joined the National Cattlemen’s Beef Association President Buck Wehrbein for a fireside chat discussing national nutrition priorities and the recently released Dietary Guidelines for Americans, 2025–2030.

New Super Bowl Ad – This Sunday, while most Super Bowl ads are focused on promotion of products, Mike Tyson and the MAHA faithful are sharing a specific message: Processed Food Kills. The ad highlights Mike's journey, describing how he lost his sister to obesity and struggled himself with an addiction to ultra-processed foods. The ad was funded by the nonprofit MAHA Center. By switching to whole, unprocessed foods, Mike claims he overcame depression and chronic illness. Now, he's sharing this message with over 100 million viewers. This campaign marks the start of a nationwide movement. Beginning today, taxis in 14 major cities will promote the "Processed Food Kills" message. MAHA has stated the Super Bowl commercial is just the first step and has encouraged all MAHA supporters to spread the word across social media platforms. The Trump administration is amplifying and supporting the message by promoting across their social channels. HHS Secretary Kennedy expressed his gratitude on X: “Thank you for sharing your story, Mike, and delivering the most important message in Super Bowl history. We don't have to be the sickest nation among developed countries. The solution is simple: EAT REAL FOOD.”

OTHER NEWS

Outcry Over Dietary Guidelines - Scientists are raising alarms about the potential consequences of disregarding evidence-based recommendations, which could mislead the public and negatively impact health. A group of 210 researchers, doctors, and dietitians has sent a letter to U.S. Department of Health and Human Services (HHS) Secretary Kennedy and USDA Agriculture Secretary Rollins, expressing concerns over significant scientific and procedural flaws in the new 2025–2030 Dietary Guidelines for Americans. 

Ad Supporting Food Industry - Consumer Brands Association launched a new ad showcasing various workers in the food industry. “From the farmers growing the crops, to the product safety and quality scientists testing products, to the truckers delivering them to retailers, the CPG industry plays a crucial role in communities and is embedded in the fabric of American life,” said Melissa Hockstad, CBA’s president and CEO, in a statement. The advertisement is scheduled to air on television and digital platforms in Washington, D.C., as well as in specific districts throughout Wisconsin, Louisiana, Virginia, Kentucky, Tennessee, New York, Kansas, Iowa, Florida, Georgia, and Pennsylvania. A press release about the new campaign stated that the industry backs national legislation for consistent ingredient safety and transparency standards, aiming to address varying state bans and labeling laws. However, to date there has not been any newly proposed legislation which includes this critical point.

FDA

Colors - The FDA has taken new steps to help shift the U.S. food supply from petroleum-based colors to those from natural sources. Now, companies can label products as containing ‘no artificial colors’ if they don’t use petroleum-based colors, regardless of natural color additives. However, a confusing point is that FDA is going to allow these claims on products that carry non-certified color additives, some of which are synthetic. For example, titanium dioxide is a non-certified color additive that can be considered synthetic. The FDA has also approved beetroot red as a new color option and expanded the use of spirulina extract, bringing the total of new color options under this administration to six. While promoting the use of natural alternatives, the agency reminds manufacturers to ensure color additive safety and is issuing a letter with guidance on maintaining standards.