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

CHICAGO, July 20, 2026 - The following is a weekly summary of federal regulatory and policy developments affecting the food and nutrition industry, covering actions and announcements from FDA, USDA, HHS, OMB, and related agencies. The report is compiled and written by NJOY as part of the NJOY Health & Nutrition Regulatory Recap series.

FDA

BHT Comment Period Extended

FDA will reopen the comment period for 30 days on its Request for Information (RFI) regarding butylated hydroxytoluene (BHT) in human food and as a food contact substance (Docket No. FDA-2026-N-2526). The extension follows stakeholder requests for additional time to submit data and scientific information. A new deadline will be announced in the Federal Register. FDA did note it will not reopen the comment period for azodicarbonamide, as no requests for additional time were received.

Ultra-Processed Food (UPF) Definition Remains a Priority

Speaking at the Institute of Food Technologists (IFT) Annual Meeting, FDA Acting Deputy Commissioner for Human Foods Donald Prater said developing a federal definition for ultra-processed foods (UPFs) remains a priority but acknowledged the complexity of the task. He noted that there are "a variety of definitions" currently in use, making it difficult to establish a single, science-based definition suitable for regulatory purposes. Prater emphasized that FDA's goal is not to ban ultra-processed foods, but rather to ensure the food supply is safe, labeling is truthful and not misleading, and consumers have the information needed to make informed dietary choices. He added that a consistent definition will be important for informing future nutrition initiatives, including front-of-pack labeling.

Return to Traditional Policymaking Process

According to reports, FDA Acting Commissioner Kyle Diamantas is signaling a return to more traditional regulatory procedures by moving away from the agency's recent practice of announcing significant policy changes through medical journal publications and other external platforms. During former Commissioner Marty Makary's tenure, several high-profile policy positions were first communicated through journal articles, drawing criticism from stakeholders who argued the approach created uncertainty and bypassed established FDA processes.

Under Diamantas' leadership, the agency is expected to communicate major policy decisions through formal regulatory channels, including guidance documents, Federal Register notices, and other official FDA communications. The shift is intended to improve transparency, provide greater regulatory certainty, and reinforce opportunities for stakeholder engagement.

Four Public Health Pillars Identified

To mark the FDA's 120th anniversary, Acting Commissioner Kyle Diamantas and the FDA Executive Team released a new "FDA Voices blog" outlining the agency's vision for advancing public health while adapting to emerging scientific and technological challenges. The blog reaffirms the FDA's commitment to its longstanding mission while establishing four public health pillars that will guide the agency's work across its regulated product areas.

The four FDA Public Health Pillars are:

• Gold Standard Science – Strengthening regulatory decisions through rigorous, evidence-based science while leveraging advances such as artificial intelligence and modern data analytics.
• Healthier Food, Better Nutrition – Promoting improved nutrition and food safety by supporting healthier food choices, reducing diet-related chronic disease, and modernizing oversight of the nation’s food supply.
• Smarter Regulation – Increasing regulatory efficiency through modernization, risk-based oversight, and greater use of innovative technologies to accelerate reviews while maintaining safety and effectiveness.
• American Leadership in Innovation – Advancing the development and availability of innovative medical products and technologies while reinforcing the United States’ global leadership in biomedical innovation and manufacturing.

USDA

Regulatory Agenda

USDA’s latest Unified Agenda outlines several significant regulatory actions across federal nutrition programs, including SNAP, WIC and Child Nutrition Programs. The agenda signals continued movement on the administration’s nutrition and MAHA priorities, while also emphasizing program integrity, fraud prevention, and operational flexibility. Two actions are particularly important to note: USDA’s proposed amendment to the definition of SNAP “eligible food” and planned changes to Child Nutrition Program requirements. The SNAP proposal could have broad implications for which foods and beverages may be purchased with federal benefits, while the Child Nutrition action may provide greater insight into how USDA intends to address nutrition requirements and food waste across school meals and other federal feeding programs. The full list is provided here which is searchable by the Regulation Identifier Number (RIN) noted below. The current USDA/FNS agenda includes the following key actions:

 

 

Overall, the agenda suggests USDA nutrition policy is advancing on two parallel tracks: reconsidering what foods federal nutrition benefits should support and modifying how federal nutrition programs operate. For the food industry, the SNAP eligible foods and Child Nutrition Program proposals will be particularly important to watch as USDA provides greater detail on the scope and implementation of these policies.

SNAP Waiver Updates

Regardless of the setback from the ruling by the US District Court for the District of Columbia for 5 states to not proceed with waiver implementation, USDA has continued to update approved SNAP food restriction waivers over the past several months. The modifications include changes to implementation dates and restricted food and beverage definitions, reflecting an evolving patchwork of state-specific requirements.

For example, USDA has approved definition changes for Arkansas and Tennessee, while Missouri’s waiver was modified to both revise its restricted food definition and delay implementation until February 2027.

“Make School Meals Healthier” Pledge

At the School Nutrition Association’s Annual National Conference (ANC), USDA Secretary Rollins announced the “Make School Meals Healthier” Pledge, a voluntary initiative encouraging states to strengthen the nutritional quality of school meals and snacks as part of the Administration’s MAHA agenda. The pledge outlines several actions states are encouraged to support, including:

• Replacing breakfast pastries with whole-food breakfast options.
• Preparing meat and meat alternatives using healthier cooking methods, such as baking, roasting, grilling, or broiling instead of frying.
• Serving only 100% whole grain products.
• Improving the nutritional quality of Smart Snacks sold in schools.
• Prioritizing whole fruit over processed fruit options whenever possible.
• Serving whole milk as an option in school meal programs where permitted.

The pledge also encourages reducing foods high in added sugars, sodium, and artificial ingredients, increasing the use of minimally processed foods, and expanding procurement of locally and domestically produced foods.

While the pledge reinforces the Administration’s nutrition priorities, it also acknowledges that schools already operate under comprehensive federal nutrition standards established through the National School Lunch and School Breakfast Programs. School nutrition professionals continue implementing the nutrition standards finalized in the 2024 rule, including phased reductions in added sugars and sodium.

The initiative may also provide an early indication of priorities likely to appear in USDA’s forthcoming proposed rule updating school meal nutrition standards. At the same time, school nutrition operators continue to emphasize that achieving these goals will require adequate federal funding, workforce support, kitchen equipment investments, and a reliable food supply to successfully implement additional nutrition improvements while maintaining student participation. To learn more about the pledge, click here.

MAHA

Kennedy’s New Podcast Release

During a recent conversation between HHS Secretary Kennedy and entrepreneur Tony Robbins, the two discussed the accelerating impact of artificial intelligence on society while also announcing a new public-private initiative aimed at improving nutrition for Americans experiencing food insecurity. A key announcement was a partnership between HHS, USDA, and HATCH for Hunger — a nonprofit organization that works with food producers, manufacturers, distributors, and food banks to increase access to high-quality protein foods for families experiencing food insecurity. The initiative seeks to help address what participants described as the “protein gap” affecting an estimated 50 million Americans who rely on charitable feeding programs by expanding access to meat, poultry, dairy, eggs, and other protein-rich foods. HATCH also supports investments in cold-chain infrastructure to improve the storage and distribution of perishable foods.

Beyond nutrition, much of the discussion focused on the rapid evolution of artificial intelligence and its implications for healthcare, education, and the workforce. Robbins emphasized that organizations should leverage AI to create new solutions rather than simply manage existing processes. The conversation also explored the future of artificial general intelligence (AGI), workforce reskilling, mental health, and the importance of resilience in adapting to technological change.

“Take Back Your Health” PR Campaign Canceled

HHS quietly canceled plans for a multimillion-dollar public health campaign intended to promote “real food,” physical activity, and healthier lifestyles, including messaging on the link between processed foods and diabetes. According to NOTUS, several agencies had been preliminarily selected and proposals included social and traditional media advertising. The White House reportedly raised concerns about costs and potential negative attention surrounding a campaign prominently featuring HHS Secretary Kennedy. Instead, Kennedy has taken the “Take Back Your Health” message on the road through a multistate tour promoting the administration’s MAHA agenda.

FEDERAL

Federal Research Funding & Uniform Guidance Revisions

This week the House Appropriations Subcommittee on Financial Services and General Government held a hearing with Office of Management and Budget (OMB) Director Russ Vought to examine the Administration’s FY 2027 budget request and OMB’s growing role in implementing executive priorities. Lawmakers discussed OMB’s oversight of federal spending, its increased use of artificial intelligence to evaluate federal programs, and the Administration’s efforts to streamline government operations.

A major focus of the hearing was OMB’s proposed revisions to the Uniform Guidance (2 CFR Part 200), the government-wide regulations that establish the administrative requirements, cost principles, and audit standards for organizations receiving federal grants and cooperative agreements. The proposed rule would significantly overhaul federal research grant administration by expanding agency discretion over funding decisions, requiring greater alignment with Administration priorities, modifying grant oversight and compliance requirements, and providing agencies with additional authority to terminate or revise awards under certain circumstances.

Democratic members expressed concern that these changes could politicize grantmaking and undermine long-standing practices governing scientific peer review, negotiated indirect cost rates, and research administration. Members also questioned whether artificial intelligence could be used to identify grants viewed as inconsistent with Administration priorities. In response, Director Vought defended the proposal, stating that OMB is strengthening oversight of taxpayer dollars while modernizing grant management and improving accountability. He emphasized that the agency’s increased budget request reflects growing responsibilities, investments in technology, and staffing needs.

As previously covered in the NJOY Health & Nutrition weekly newsletter, the proposed Uniform Guidance revisions have become one of the most closely watched research policy initiatives of the year. Universities, academic medical centers, scientific societies, and other research organizations have warned that the changes could significantly alter how federally funded research is evaluated, awarded, managed, and monitored across the government. As far as next steps, OMB is reviewing public comments submitted on the proposed rule before issuing a final version.

CDC

CDC Director Nominee Confirmation Hearing

The Senate Health, Education, Labor and Pensions (HELP) Committee held a confirmation hearing this week for Dr. Erica Schwartz, President Trump’s nominee to lead the CDC. Her background includes serving as former Deputy Surgeon General, retired U.S. Public Health Service rear admiral, and physician, giving her credibility with many lawmakers across both parties. While much of the hearing focused on vaccine policy and the agency’s scientific independence, it also highlighted the CDC’s broader role in chronic disease prevention, nutrition, and public health.

Dr. Schwartz pledged to lead the agency with “scientific integrity” and “radical transparency,” emphasizing that CDC recommendations should remain evidence-based. Senators questioned how she would balance the agency’s scientific mission while serving under HHS Secretary Kennedy, with discussions centering on public trust in CDC guidance and the agency’s independence.

Although nutrition and food-related issues received limited attention during the hearing, the outcome is important for food and nutrition stakeholders. CDC plays a critical role in chronic disease prevention, nutrition surveillance, obesity prevention, foodborne disease monitoring, and dietary research. The agency also partners with FDA, USDA, and state and local health departments on initiatives related to nutrition, food safety, and population health. The HELP Committee must first vote on whether to advance Dr. Schwartz’s nomination to the full Senate. At this point it is unclear whether she will have the votes by the committee to advance. If approved by the committee, the nomination will proceed to the Senate floor for a confirmation vote. No timeline has been announced, but committee action is expected in the coming weeks. If confirmed, Dr. Schwartz will assume leadership of the CDC at a time when the agency is expected to play a central role in implementing the Administration’s public health priorities, including initiatives related to nutrition, chronic disease prevention, and restoring confidence in federal health recommendations.

OTHER NEWS

Ingredient Safety: Hazard vs. Risk

A new review published in Comprehensive Reviews in Food Science and Food Safety examines the fundamental principles of food safety and toxicological risk assessment, with a particular focus on common misconceptions and risk communication. The authors emphasize the critical distinction between hazard and risk, noting that the presence of a substance does not necessarily indicate a risk to human health — the dose and level of exposure matter. The review is particularly timely amid heightened scrutiny of food ingredients and chemicals and FDA’s release of a proposed GRAS reform rule. The authors call for clearer, more consistent communication of food safety science and caution that confusing hazard with actual risk can contribute to public misunderstanding and erode consumer trust. The paper reinforces the importance of using dose-response, exposure, and the totality of scientific evidence when evaluating and communicating food safety risks.