Food regulation update January 5: The latest on MAHA and related developments

CHICAGO, January 05, 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 

MAHA

New Video– HHS has released a new video celebrating their wins over this past year. A few notable quotes including MAHA is “Rebuilding America’s health with historic wins. We’re stopping the use of taxpayer dollars to buy junk food that makes Americans sick.” Several food topics were mentioned including the Dietary Guidelines with the quote, “We’re rewriting Dietary Guidelines to put health, not industry first. We are cleaning up America’s food.” In addition, the HHS landing page provides a tally of “MAHA Wins” celebrating their touted achievements over 2025.

FDA

Diamantas Interview – The MAHA initiative faces major challenges in reversing old food policies linked to chronic diseases, according to the head of FDA’s Human Foods Program Kyle Diamantas. He has outlined an ambitious plan for 2026, including reviews of food additives and new packaging rules—measures that have met industry resistance. He noted progress on voluntary removal of artificial dyes and emphasized difficulties in defining "ultra-processed foods" and standardizing state regulations. Diamantas stressed that FDA regulation alone is not enough; a collaborative effort is needed to tackle chronic diseases. A few interpretive highlights from the interview are noted below. Click here for the full interview.

Achievements in Food Additive Regulation
During the first year of the Trump administration, one of the most significant accomplishments was the prompt collaboration with industry to eliminate petroleum-based artificial dyes from food products. This initiative yielded considerable success, marking an important step toward improving public health. While the removal of artificial dyes is not considered a definitive solution to chronic disease, nor the primary cause, it is regarded as a meaningful part of a broader strategy to address such health concerns. These dyes, which have no nutritional value, are mainly used to enhance the visual appeal of foods, particularly those marketed to young people.

Defining Ultra-Processed Foods: Ongoing Difficulties
There remains uncertainty about the possibility of establishing a federal definition for "ultra-processed foods." While developing this definition is a priority for the administration in 2026, there is currently no public timeline for its completion. The main challenge lies in the absence of expert consensus regarding the criteria for ultra-processed foods. Different states, such as California and Massachusetts, are pursuing their own legislative definitions, resulting in a patchwork of standards. Without a federal definition, food companies could face the complexity of complying with multiple, potentially conflicting state regulations.

The lack of a standardized definition for ultra-processed foods complicates efforts to guide consumers toward healthier choices. Perspectives on what constitutes "ultra-processed" vary widely—ranging from a focus on additives and cosmetic ingredients to considerations of nutrient density, added sugars, sodium, and fat content. As a result, there is no unified approach, echoing the sentiment of the famous Supreme Court analogy: "I know it when I see it." The current standpoint is not to restrict access to ultra-processed foods but to ensure transparency and enable informed consumer choices.

Federal Standards for Food Ingredients and State Preemption
The conversation around federal standards for food ingredients is intensifying, especially as states implement various bans and restrictions on additives and artificial dyes. The food industry has advocated for federal preemption, seeking uniformity similar to nutrition labeling, where the FDA would be the sole authority on ingredient safety. However, resource limitations at the FDA have historically contributed to gaps in the regulation of food additives, prompting states to take the lead in this area. The goal is to ensure sufficient resources are available should Congress grant the FDA additional authority over ingredient regulation.

STATES

In late December a federal judge blocked the newly passed West Virginia’s Food Dye Ban. In April, HHS Secretary Kennedy commended West Virginia’s policy pressuring food manufacturers to phase out petroleum-based artificial colors. The International Association of Color Manufacturers challenged this new law aimed at banning certain FDA-approved synthetic color additives, arguing its vague definition of "poisonous and injurious" could lead to arbitrary enforcement. Judge Berger agreed, stating the statute lacks clear standards and temporarily barred the West Virginia Department of Health from enforcing the broader ban set for 2028. However, the prohibition on specific food dyes in school lunches took effect on August 1 and remains in place. Governor Morrisey expressed disagreement with the injunction with the broader ban being suspended until further review.

Other news

New Study
A new published study explores how U.S. consumers change their food buying habits after starting appetite-suppressing GLP-1 drugs like Ozempic and Wegovy. Linking survey and transaction data, the authors find grocery spending drops by 5.3% overall—8.2% for higher-income households—within six months. Reductions are most notable in processed foods, with savory snacks down 10.1%, while yogurt is among the few categories with increased spending. Spending at fast-food outlets and coffee shops falls by 8%. These changes last up to a year but weaken after six months. When users stop GLP-1s, they return to previous spending levels and less healthy choices. The results suggest GLP-1 drugs significantly impact consumer food demand, with broad effects for the food industry as usage grows.