Food regulation update July 10: The latest on MAHA and related developments

CHICAGO, July 10, 2026 — The following is 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.

FDA

GRAS Reform

FDA has provided its clearest indication yet of how it may implement a mandatory notification program for substances that are Generally Recognized as Safe (GRAS). While the agency's latest Unified Agenda updates the anticipated publication date for the proposed rule to December 2026, which is about a full year since it was sent to Office of Management & Budget Office of Information and Regulatory Affairs (OMB OIRA) for final review, the more significant development is the addition of new regulatory language that offers insight into the structure of the proposal.

Under the current GRAS framework, companies may independently conclude that a food substance is GRAS without notifying FDA which is commonly referenced by Secretary Kennedy and others as the "GRAS loophole." FDA's proposed rule would fundamentally change that approach by requiring notifications for certain uses of human and animal food substances that are purported to be GRAS. According to FDA, the goal is to increase transparency, provide the agency with more information about substances entering the food supply, and better determine whether a particular use is appropriately considered GRAS or instead requires food additive approval under the Federal Food, Drug, and Cosmetic Act.

Perhaps the most notable addition to the Unified Agenda is language describing a potential transition pathway for existing self-GRAS determinations. FDA now discusses "streamlined submissions" for substances that were introduced into interstate commerce before the effective date of a final rule, along with a time-limited submission window. While details have not yet been released, this language suggests the agency is considering a grandfathering or transition mechanism that could allow companies to submit information on existing marketed uses without undergoing the full notification process envisioned for future GRAS determinations.

The revised agenda also suggests that mandatory notification may not apply universally. Rather than stating that every GRAS determination would require notification, FDA repeatedly refers to "certain uses of food substances." Although the agency has not yet defined which uses would be subject to the requirement, this wording indicates the final proposal may take a more targeted approach than originally anticipated.

The Unified Agenda also provides additional insight into FDA's legal framework for the proposal. The agency states that uses subject to the mandatory notification requirement "will be presumed...not to be GRAS unless the notification requirement has been met." FDA further explains that receiving these notifications would allow it to evaluate whether a substance's intended use is appropriately considered GRAS or instead constitutes a food additive use requiring premarket approval. This language represents one of the clearest public explanations to date of FDA's regulatory rationale for moving from a voluntary to a mandatory notification system.

What companies should watch

Although the Unified Agenda is not the proposed rule itself and the details may change before publication, the latest update indicates that FDA has made meaningful progress in developing one of the most significant food ingredient policy changes in decades. Companies relying on self-GRAS determinations should closely monitor the proposal when it is released, particularly for details regarding:

• Which GRAS uses will be subject to mandatory notification.
• Eligibility for streamlined submissions or transition provisions.
• Submission timelines for existing marketed ingredients.
• Potential exemptions and implementation requirements.

The proposal is expected to have broad implications for food ingredient manufacturers, suppliers, and food companies that develop or market ingredients currently supported by independent GRAS determinations. If finalized, it would represent the most significant modernization of the GRAS notification program since FDA established the voluntary notification process in 1997.

Other Unified Agenda Items

As noted, FDA has released its latest Unified Agenda, providing an updated roadmap of the agency's planned regulatory actions over the coming year. The agenda outlines rulemakings currently under development and offers insight into FDA's regulatory priorities, expected timelines, and areas of focus for the Human Foods Program. The Unified Agenda highlights several significant proposals that could affect the food industry. Key actions include continued modernization of food standards of identity, front-of-package nutrition labeling, sodium reduction initiatives, food traceability implementation, and proposed changes to nutrient content claims and ingredient oversight. Interesting enough, ultra-processed foods were not listed so one must speculate if we will see a regulatory definition or guidance document (also not listed in the recent update) before the end of year even with the administration touting the definition will be released shortly. Below is an overview of these planned regulatory actions by FDA. The full list is provided here which is searchable by the Regulation Identifier Number (RIN) noted below.

Food Traceability

On June 15, 2026, FDA held a public meeting to gather stakeholder feedback on continued implementation of the Food Traceability Rule, with discussions focused on lot-level tracking and potential compliance flexibilities. FDA has now made the meeting recording and transcript available on the public meeting webpage for those unable to attend.

FEDERAL

National Initiative for Hospital Nutrition

Building on earlier announcements related to nutrition in healthcare settings, HHS and the Centers for Medicare & Medicaid Services (CMS) have launched the voluntary Make Hospital Food Healthier Pledge, encouraging hospitals nationwide to improve the nutritional quality of patient meals by reducing ultra-processed foods (UPFs) and increasing the availability of nutrient-dense foods consistent with the 2025–2030 Dietary Guidelines for Americans (DGAs). The initiative expands upon hospital nutrition efforts first introduced during events in Kentucky and Florida earlier this year.

The pledge builds on CMS guidance issued on March 30, 2026, when the agency released its memorandum, Hospital Nutrition Service Obligations in Light of Updated Federal Nutrition Guidelines, to hospitals and Critical Access Hospitals (CAHs). The memorandum reminded Medicare-participating hospitals of their existing obligations under 42 CFR §482.28 to provide food and nutrition services that meet each patient's individual clinical needs while encouraging facilities to review food and nutrition service policies, standard menus, therapeutic diet protocols, and food procurement practices due to the release of the updated Dietary Guidelines.

Importantly, the March memorandum did not establish new regulatory requirements. Rather, it reaffirmed existing Medicare Conditions of Participation and encouraged hospitals to evaluate where changes consistent with the Dietary Guidelines may be clinically appropriate and operationally feasible. CMS also reinforced the integral role of registered dietitians in developing nutrition policies, implementing evidence-based dietary practices, and ensuring continuity of nutrition care across healthcare settings. As hospitals consider updates to menus and procurement practices, individualized nutrition care based on each patient's medical condition and nutritional needs remains the governing standard.

The announcement this week launching the "Make Hospital Food Healthier Pledge" represents the next phase of these efforts. Participating hospitals are encouraged to reduce the use of UPFs, sugar-sweetened beverages, processed meats, and foods high in added sugars, sodium, and artificial additives. The pledge also promotes replacing deep-fried foods with baked, roasted, grilled, or broiled preparations; emphasizing whole grains instead of refined grains; increasing minimally processed protein sources, including plant-based options; and serving more fruits, vegetables, legumes, nuts, seeds, seafood, and healthy fats.

Administration officials framed the initiative as part of a broader strategy to integrate nutrition more fully into healthcare delivery. HHS Secretary Kennedy said hospitals should "lead by example" by serving foods that support healing and help reduce chronic disease, while CMS Administrator Dr. Oz emphasized that nutrition can contribute to shorter recovery times, better chronic disease management, and improved patient outcomes.

Beyond inpatient meals, the pledge encourages hospitals to incorporate nutrition education into discharge planning and expand access to healthier food options for employees and visitors, reinforcing nutrition as a component of whole-person, prevention-focused care. Although many hospitals have already implemented healthier food service practices, the administration said the pledge is intended to establish a more consistent national framework for hospital nutrition.

Because participation is voluntary, the initiative does not impose new regulatory requirements or alter existing Medicare Conditions of Participation. Instead, it encourages hospitals to build upon current nutrition standards while maintaining individualized, clinically appropriate care for each patient.

The March CMS memorandum and the new pledge apply specifically to hospitals and Critical Access Hospitals and do not directly extend to Skilled Nursing Facilities (SNFs) or long-term care (LTC) facilities, which continue to operate under separate food and nutrition service regulations (42 CFR §483.60) emphasizing individualized nutrition care, clinical appropriateness, and resident preferences.

To support these efforts, the administration has also launched a new nutrition webpage on HHS.gov that serves as a central hub for federal nutrition initiatives, including the Dietary Guidelines for Americans, nutrition education resources, the Make Hospital Food Healthier Pledge, and future public outreach efforts.

Confirmation Hearings

The Senate Committee on Health, Education, Labor and Pensions (HELP) will hold a confirmation hearing on July 15 for Erica Schwartz, President Trump's nominee to lead the Centers for Disease Control and Prevention (CDC), and Sean Kaufman, nominee to serve as HHS Assistant Secretary for Preparedness and Response. The hearing is expected to provide an early indication of how HELP Chair Sen. Bill Cassidy (R-La.) plans to approach the administration's health nominees following his recent primary defeat and public disagreements with President Trump. The committee is also expected to consider the administration's eventual nominee for FDA commissioner. Schwartz is President Trump's third CDC nominee in less than two years, following the brief tenure of Susan Monarez, who served just one month after Senate confirmation before being removed amid reported disagreements with HHS Secretary Kennedy over vaccine policy. During the hearing, Schwartz is expected to face questions about her views on vaccines and the administration's public health agenda, particularly from senators who have criticized Kennedy's actions. Despite those expected lines of questioning, Cassidy has publicly expressed support for Schwartz, who is widely viewed as a more traditional public health selection.

MAHA

Continued MAHA Tensions

A recent Rolling Stone feature examines growing tensions within the alliance between the MAHA movement and the Trump administration, highlighting frustration among some MAHA supporters who believe progress on key health policy priorities has been slower than expected. According to the article, several MAHA advocates are particularly disappointed by the administration's handling of pesticide policy, including glyphosate, arguing that campaign promises have not been translated into meaningful regulatory action. There are also concerns that large food and agriculture companies continue to exert significant influence over federal policymaking, limiting the pace of reform. While supporters express frustration with the administration, many continue to voice strong support for HHS Secretary Kennedy, suggesting they view him as constrained by broader political and institutional realities rather than lacking commitment to the MAHA agenda.

Also noted is the growing influence of "MAHA Moms," a politically engaged constituency focused on food ingredients, pesticides, environmental chemicals, and chronic disease prevention. With continued focus they could become an increasingly important voting bloc heading into the 2026 midterm elections. More broadly, MAHA could be evolving beyond its original alliance with MAGA and is becoming a broader political movement that may support candidates from either party based on their positions on health and food policy.

MAHA State Activity

A new Bloomberg Law analysis highlights how state legislatures are moving more quickly than the federal government to advance food policy reforms aligned with the MAHA agenda. According to an analysis, lawmakers have introduced more than 100 food-related bills and enacted at least 11 new laws in 2026 addressing food additives, school meals, nutrition assistance, ingredient transparency, and food labeling. Many of these efforts are being driven by the $50 billion Rural Health Transformation Program established under the 2025 tax and spending law. Examples of notable state actions include the following:

• Nearly two dozen states have received or are pursuing USDA approval to restrict SNAP purchases of certain foods.
• Nebraska enacted legislation prohibiting six synthetic food dyes in school meals beginning in the 2026–2027 school year.
• West Virginia has emerged as one of the most active states, adopting broad MAHA-inspired legislation addressing food dyes, school nutrition, and SNAP policies while positioning itself to compete for additional federal health funding.
• California and New York continue to pursue legislation focused on food ingredient oversight, including proposals related to the GRAS process and greater transparency around food ingredient safety.

HHS Secretary Kennedy has announced several high-profile federal initiatives but many of these have not moved forward. As a result, states are increasingly establishing their own policies, creating a growing patchwork of requirements that food manufacturers must navigate. Local MAHA grassroots efforts have helped to propel this forward. Overall, while much attention remains focused on pending federal MAHA initiatives, the most immediate regulatory changes affecting the food industry are increasingly occurring at the state level.

USDA

SNAP Fraud

The USDA's Food and Nutrition Service (FNS), in partnership with the USDA Office of Inspector General (OIG) and Homeland Security Investigations (HSI), announced a major enforcement action targeting SNAP fraud in Los Angeles, CA. Following an undercover investigation, 33 SNAP-authorized retailers received charge letters for trafficking SNAP benefits or exchanging benefits for ineligible items such as alcohol, tobacco, and vaping products. Violators face permanent disqualification from SNAP, substantial financial penalties, and potential criminal prosecution. USDA officials emphasized that protecting taxpayer dollars and ensuring benefits reach eligible recipients remain top priorities, while federal law enforcement warned that future violations could result in federal prison sentences.

STATES

California

A California Superior Court upheld Santa Cruz's voter-approved sugar-sweetened beverage tax, allowing the city to continue collecting the 2-cent-per-ounce distributor tax despite an expected appeal. The lawsuit, filed by the American Beverage Association and other business groups, argued the tax violated California's 2018 Keep Groceries Affordable Act. The court ruled that, as a charter city, Santa Cruz has authority under the state's Home Rule Doctrine to enact the measure. Approved by voters in 2024, the tax is expected to generate approximately $1.3 million annually for the city's general fund while implementation moves forward during the appeals process.

OTHER NEWS

UPF

NIH has published a new portfolio analysis examining its investment in ultra-processed food (UPF) research from fiscal years 2016–2025. During this period, NIH funded 81 UPF-focused projects totaling more than $95 million. Over 70% of the studies examined associations between UPF consumption and health outcomes, including obesity, while 36% evaluated interventions to reduce UPF intake. Fewer than 4% of projects addressed food access, food insecurity, or the food environment.

Means Remarks

Speaking with nutrition professor and long-standing food industry critic Marion Nestle at the Aspen Ideas Festival, White House advisor Calley Means said the Trump administration remains on track to release a federal definition of ultra-processed foods, updated USDA school meal standards, and reforms to FDA's GRAS framework this year, describing them as among the most significant food policy changes in decades. Means said the proposed school meal standards would be "dramatic" and focused on "real food." During the discussion, Nestle criticized aspects of the 2025–2030 Dietary Guidelines for Americans, including references to olive oil and beef tallow as sources of essential fatty acids. Means responded that the priority should remain on encouraging consumption of real foods while reducing ultra-processed foods, added sugars, and refined carbohydrates. The exchange got a bit heated especially when discussing the current Dietary Guidelines, which you can watch here.