Food regulation update June 1: The latest on MAHA and related developments

CHICAGO, June 1, 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.

MAHA

Democrat MAHA Supporter

As the "Make America Healthy Again" movement continues to shape national conversations around food and health policy, one prominent Democrat is signaling that the party may not want to cede the issue to Republicans. Last week, Cory Booker (D-NJ) unveiled what he called the "Food is Medicine: HEAL America Agenda" during a speaking event at the CAPS Ideas Conference. The former presidential candidate and current Senate Agriculture Committee member argued that Democrats should directly address growing voter concerns over ultra-processed foods, chronic disease, and the broader impact of the American food system on public health.

Booker's HEAL agenda — short for Healthy Eating for American Lives — proposes expanding Double Up Food Bucks programs that incentivize produce purchases through SNAP, requiring federally funded meals to meet healthier nutrition standards while supporting American family farmers, and allowing certain consumers to use pre-tax dollars for fruits and vegetables much like health savings accounts cover medical expenses. "Food is medicine — let the tax code finally treat it that way," Booker said during the event.

The move highlights a broader political strategy emerging ahead of the 2028 election cycle: appealing to health-conscious voters across party lines while reframing food policy as both a healthcare and affordability issue. Booker has long been outspoken on nutrition and chronic disease concerns and recently appeared at "The People vs. Poison" rally on Capitol Hill criticizing aspects of the food industry. As MAHA-related themes continue gaining traction nationally, Booker's embrace of select priorities raises a larger question for Washington: could the movement's political momentum begin shifting from Republicans toward Democrats and will the MAHA loyal follow?

Surgeon General

Reports are swirling that President Trump's nominee for U.S. Surgeon General, Dr. Nicole Saphier, is facing scrutiny over her sale of an herbal supplement that contains kava kava, an ingredient prohibited by the U.S. military and flagged by health experts for potential liver toxicity. Critics and public health advocates have raised concerns about conflicts of interest and the broader use of loosely regulated dietary supplements in the wellness industry. Amazon has reportedly opened an inquiry into whether her product complies with its policies, while the White House has defended Saphier as a strong addition to the administration's health agenda.

FEDERAL

SNAP

Senate Republicans are reportedly considering delaying new state cost-sharing requirements for SNAP as lawmakers negotiate the next farm bill. Under current law, many states would soon be required to cover a portion of SNAP benefit costs for the first time, with higher payment error rates leading to larger state contributions. The proposal has raised concerns among both Democratic and Republican-led states about significant new budget pressures, particularly as some states could face hundreds of millions in additional costs. The debate is emerging as a key sticking point in farm bill negotiations, where bipartisan support will likely be needed to move legislation forward.

Farm Bill & Chicken

In the recent farm bill that passed in the House there was strong approval (384-35 vote) to allow SNAP participants to use benefits to purchase rotisserie chicken, creating a narrow exception to the long-standing ban on hot prepared foods. The bipartisan-backed proposal is expected to have strong support in the Senate, where key lawmakers have signaled openness to include it in the final package. Senate Ag Chair John Boozman (R-Ark.) said he thinks the measure has a "good chance" of being included in the final farm bill. Supporters say the change would improve flexibility for low-income families who need quick, ready-to-eat meal options, while critics warn it could set a precedent for expanding SNAP's allowance of hot foods more broadly and increase costs for retailers and the program.

 

USDA

Relocation Concerns

USDA is moving ahead with a broader department-wide reorganization and relocation effort. Concern is mounting over the Administration's plan to move the USDA from Washington, DC, to regional hubs from both Democrats and USDA employees. When announcing the move, USDA said the goal was to "realign the Department's focus to the States who administer USDA nutrition programs, the households who benefit from them, and the taxpayers who fund them." The proposal would also rename the Food and Nutrition Service as the Food and Nutrition Administration, while keeping the FNA administrator in Washington, DC, with a small presence to handle local matters including regulatory and policy coordination work. Just recently, nearly 50 House Democrats and more than 25 Senate Democrats have raised serious concerns and pressed the administration for answers about the plan.

FDA

Post-Market Review of Phthalates

The FDA released a scientific evaluation of eight ortho-phthalates currently authorized for use as plasticizers in food contact materials to determine whether they should be grouped for a cumulative risk assessment. The agency reviewed available scientific literature to assess whether these substances are chemically or pharmacologically related, which would support evaluating their combined exposure risk. The analysis covered diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), di(2-ethylhexyl) phthalate (DEHP), dicyclohexyl phthalate (DCHP), butylphthalyl butyl glycolate (BPBG), diethyl phthalate (DEP), ethylphthalyl ethyl glycolate (EPEG), and diisooctyl phthalate (DIOP). Based on its review, FDA proposed criteria for grouping chemically or pharmacologically related (CPR) substances and concluded that DEHP, DCHP, DIOP, and DINP may be suitable for inclusion in a future cumulative risk assessment. The agency is accepting public comments through June 26, 2026, under docket FDA-2026-N-5776, as part of its broader post-market safety evaluation of food contact chemicals.

Additional information can be found at Phthalates in Food Packaging and Food Contact Applications and FDA's List of Select Chemicals in the Food Supply Under FDA Review.

Pesticide Monitoring Compliance Program

The FDA's Human Foods Program announced significant updates to its pesticide residue monitoring program through revisions to Compliance Program 7304.004, marking the first major overhaul since 2011. The program, now renamed "Pesticides in Human Foods — Domestic and Import," will focus exclusively on pesticide residue monitoring in foods.

The updated program strengthens the FDA's risk-based approach by prioritizing foods commonly consumed by infants and children among the more than 150 commodities sampled annually. FDA also updated laboratory and enforcement procedures, including adoption of harmonized multi-analyte mass spectrometry methods to improve testing efficiency and consistency across regulatory laboratories.

In addition, industrial chemical monitoring activities, including dioxins, will be shifted to separate programs, while new guidance emphasizes stronger coordination with FDA centers, federal agencies, and state and local partners. The changes are intended to modernize oversight and improve the agency's ability to monitor pesticide residues in domestic and imported foods. Information on the FDA's pesticide residue monitoring program, including annual summary reports and the newly released Pesticide Report Data Dashboard, visit FDA's Pesticides webpage.

Comment Period Reopens

The FDA announced it is reopening the comment periods for two petitions first published in January 2024 that seek to remove several solvents from food additive and color additive regulations. The petitions propose eliminating the use of benzene, ethylene dichloride, methylene chloride, and trichloroethylene in certain food additive applications, and removing ethylene dichloride, methylene chloride, and trichloroethylene from color additive uses. The agency said the 30-day reopening will allow stakeholders to submit updated data and other information developed over the past two years. Additional details and comment instructions are available in the Federal Register notices.

 

STATES

Iowa

HHS Secretary Kennedy visited Iowa with Governor Kim Reynolds to sign a new Iowa MAHA bill and announce a new Surgeon General advisory warning about excessive screen use among children and teens. Kennedy praised Iowa's efforts to improve nutrition, physical activity, and children's health.

At the Iowa State Capitol, Kennedy and Reynolds met with officials and advocates to discuss nutrition, as well as other MAHA focused initiatives. During Kennedy's remarks he emphasized nutrition and chronic disease prevention as central pillars of the MAHA agenda. He highlighted efforts to reduce ultra-processed foods, limit added sugars, and promote healthier, protein-rich whole foods in federal nutrition programs and school meals. He also voiced support for Iowa's push to restrict SNAP purchases of soda and candy, framing nutrition policy as a key tool for improving long-term public health outcomes.

The new Iowa MAHA law expands nutrition and metabolic health education, raises school activity standards, limits classroom screen time for young children, and promotes healthier nutrition for families.

OTHER NEWS

New Research on Natural Colors

A new pair of studies picked up by the media challenges the assumption that "natural" food colorings are inherently safer than synthetic dyes. Research from French cohorts tracking over 100,000 people found that several natural color additives — including beta-carotene, curcumin, anthocyanins, and caramel colorings — were associated with higher risks of type 2 diabetes and certain cancers, with risk increases in some cases exceeding 40%. The findings suggest that both natural and artificial dyes, often used in ultra-processed foods, may carry health risks potentially linked to how they are processed and consumed in the diet. Researchers emphasized that consumers should focus less on whether additives are natural or synthetic and more on reducing overall intake of ultra-processed foods.

Codex

The Codex Committee on Food Labeling has advanced new global guidance on standardized precautionary allergen labeling (PAL), aiming to create more consistent "may contain" style warnings based on risk thresholds for major allergens such as gluten. The proposal is intended to replace today's fragmented and inconsistent voluntary approaches with a more uniform, science-based framework for how unintended allergen cross-contact is communicated to consumers. In the same meeting, Codex also moved forward rules on labeling for multipacks and emergency flexibility provisions for food labeling. However, a separate proposal to begin new work on ultra-processed foods was rejected, with members arguing there is not yet enough scientific consensus or a clear mandate to define or regulate UPFs within Codex labeling standards.

UPF

Dr. David Ludwig, MD, a well-respected Harvard professor, recently published a review that challenges the current blame game on ultra-processed foods (UPF) and impact on public health. In Critical Reviews in Food Science and Nutrition, he examined randomized controlled trials, the strongest type of scientific evidence on UPF and obesity. His conclusion was clear: no study has shown that cutting UPFs leads to long-term improvements in obesity-related outcomes. That suggests current national and international policies aimed at restricting UPFs to fight obesity do not yet have strong experimental support. Most are based on observational studies, which can identify associations but cannot prove causation. Ludwig also reports no conflicts of interest and no industry funding. His broader argument aligns with what many researchers have been saying — the main issue is not processing itself, but nutritional composition. That, he argues, is where public policy should focus. He also points to the next step for research: rigorous long-term trials to determine whether reducing UPFs has benefits on their own, or whether any observed improvements come mainly from better overall diet quality, regardless of processing level.