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

CHICAGO, March 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 

Surgeon General Update - Some key Republican Senators remain undecided about President Trump's nominee for Surgeon General after she avoided direct answers on vaccines at her confirmation hearing. Nutrition influencer Casey Means needs every Republican vote in the Senate health committee, as all Democrats are likely to oppose her. Sen. Lisa Murkowski (R-Alaska) and Committee chair Sen. Bill Cassidy (R-La.) have unresolved questions after questioning Means about her views on newborn hepatitis B vaccines and vaccine recommendations. Both Senators refused to provide comments to the press until the committee reconvenes on the topic. It appears that Means’ path forward is not assured. 

Farm Bill - As of March 5, 2026, the House Agriculture Committee passed the Farm, Food, and National Security Act of 2026 (H.R. 7567) in a 34-17 bipartisan vote. The bill has advanced out of committee and is now awaiting consideration by the full House of Representatives. As reported by NJOY Health & Nutrition update last week, the proposed legislation out of the committee includes significant changes to the Dietary Guidelines process.
 

MAHA

Take Back Your Health - HHS Secretary Robert F. Kennedy, Jr. continued his national "Take Back Your Health" tour in Austin this week, where he headlined an “Eat Real Food” rally and visited Cunningham Elementary School to emphasize the importance of nutritious school meals and the updated Dietary Guidelines for Americans.

On February 26, over 600 attendees gathered at the Brazos Center to hear Secretary Kennedy deliver the keynote address at a MAHA Action “Eat Real Food” rally, which focused on advocating for the inclusion of nutrient-dense, whole foods in the American diet.

Secretary Kennedy stated: “Real food is fundamental to public health, and under President Trump’s leadership, we are prioritizing its role in the American diet. Texas is playing a key part in the Make America Healthy Again initiative as we work to reform the food system and prioritize children's health.”

The event also featured remarks from MAHA Holdings CEO Alex Hardy, National Design Studio Chief Design Officer Joe Gebbia, Jr., HumanCo founder Jason Karp, White House Senior Advisor Calley Means, and Congresswoman Monica De La Cruz (TX-15).

On February 27, Secretary Kennedy toured Cunningham Elementary in Austin ISD to observe the school’s approach to providing healthy meals. His visit included tours of the cafeteria and the Emeril Lagasse Teaching Kitchen, observation of scratch-cooking methods and ingredient sourcing, and discussions with educators and administrators regarding menu development centered on whole foods and balanced nutrition.

During the visit, Secretary Kennedy assisted in serving steamed broccoli to third-grade students and joined them in the cafeteria to discuss healthy eating practices and the significance of nutritious school meals.

Additionally, while in Austin, Secretary Kennedy recorded episodes of The Joe Rogan Experience contributing to the ongoing national dialogue about chronic disease prevention, food policy reform, and President Trump’s MAHA directive. During this interview Secretary Kennedy noted that the FDA definition of ultra-processed food (UPF) would be released in April 2026. This is counter to the recent release of the 2026 FDA regulatory agenda update which noted it would be reviewing information this year to propose a regulatory definition of UPF in 2027. In addition, he followed up by noting that once this is released FDA would be looking at front of pack labeling which would include traffic light labeling similar to what is done in Europe and Latin America. “As soon as we do that, we’re going to do front-of-package food labeling. So, every food in your grocery store will have a label on it – it’ll have maybe a green light, red light or a yellow light, telling you whether or not it’s going to be good for you,” said Secretary Kennedy. In addition, he stated, “It’s going to evaluate all of the ingredients, etc.,” Kennedy added. “We’re not going to change this overnight, but we’re going to change it pretty quickly. If you want to be healthy we’re going to give you the information to take control of their own health.” This is an entire shift from the proposed FOP labeling rule that was released during the Biden Administration just before President Trump took office. We have been waiting for the final FOP rule and based on Secretary Kennedy’s comments it appears the rule has taken a completely different direction without any additional public comments. 

USDA

Announcements - On March 4th, USDA Secretary Rollins, HHS Secretary Kennedy and USDA National Nutrition Advisor Dr. Ben Carson announced the launch of USDA's Dietary Guidelines for Americans Strategic Partnerships, inviting private sector participation in public nutrition education. For partnership inquiries, contact DietaryGuidelines@usda.gov. It is unclear if this partnership will be similar to the former USDA strategic partnerships that was supported by the Center of Nutrition Policy and Promotion team at USDA.

In addition, the announcement also provided an update on the upcoming Stocking Standards rule, which will require SNAP retailers to stock more staple foods, and revealed four new SNAP restriction waivers for Kansas, Nevada, Ohio, and Wyoming. Secretary Rollins discussed a pending rule that would require retailers that accept SNAP benefits to meet higher minimum staple food stocking requirements (more healthy real food options). This rule has been debated for over a decade and is now moving toward finalization. The proposed rule did not include nutrition criteria, but it appears the final rule will include these standards. This will primarily impact smaller sized retailers who participate in SNAP due to the limited selection of options available relative to larger size retailers. No date was provided on the release but it appears soon.

During the event, Secretary Rollins highlighted the importance of real food for healthier families and communities, noting private sector involvement and expanded SNAP restrictions. Secretary Kennedy emphasized that SNAP funds should support nutritious foods, not unhealthy products. Dr. Carson commended the practical rule changes and waivers, which restrict highly processed foods from SNAP eligibility.



 

FDA

Dietary Supplements - The FDA has announced a public meeting scheduled for March 27, 2026, from 9:00 a.m. to 3:00 p.m. ET, titled “Exploring the Scope of Dietary Supplement Ingredients.” This meeting aims to provide insight for the FDA’s forthcoming actions regarding the definition of dietary ingredient categories as established in the Dietary Supplement Health and Education Act (DSHEA) of 1994. Presentations will address the following subjects:

• The meaning and extent of the phrase “dietary substance for use by man to supplement the diet by increasing the total dietary intake” within DSHEA;
• Emerging methodologies for manufacturing existing dietary ingredients;
• Specific ingredient classes, including proteins, enzymes, and microbials.

Participants will have an opportunity to offer feedback during the meeting and submit comments for agency consideration. Information on registration and comment submission procedures will be provided on the meeting page.


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