Food regulation update May 22: The latest on MAHA and related developments

CHICAGO, May 22, 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

Pressure Mounts to Stabilize Leadership

The Trump administration is moving quickly to stabilize HHS and the FDA after months of internal turmoil, leadership shakeups, and mounting political pressure ahead of the 2026 midterm elections. This effort intensified following the resignation of FDA Commissioner Marty Makary.

According to reports from CNN and Axios, administration officials are increasingly concerned that ongoing dysfunction within federal health agencies could become a political liability as the mid-term elections quickly approach. The White House is now prioritizing more conventional choices over some of the figures initially associated with MAHA. Kyle Diamantas, the new Acting FDA Commissioner, is viewed internally as a steadier and less controversial leader who could help restore order during a politically sensitive period. As highlighted last week Donald Prater has now been named to lead the FDA’s Human Foods Program as Acting Deputy Commissioner for food, per the FDA’s website advancing from his current role as Principal Deputy Director Associate Commissioner. Prater is a food safety veteran at FDA where he spent years working on imported food safety and implementation with the Food Safety Modernization Act (FSMA). Historically, he has not been publicly associated with aggressive anti-ultra-processed-food rhetoric in the way some figures aligned with the MAHA movement have been. Instead, his style has been closer to traditional FDA governance however given pressure from Secretary Kennedy we will have to see if this changes.

Senate Republicans will now face pressure to accelerate confirmations for key health posts. The Senate HELP Committee who conducts the Senate confirmation process will be losing their current chair Senator Bill Cassidy (R-LA) who recently lost Louisiana’s GOP primary after failing to win support from Trump or the MAHA movement. His defeat could complicate efforts to fill top roles at the FDA, CDC, and the Surgeon General’s office. Longer term, Cassidy’s loss could lead to a new committee chair if Republicans keep the Senate after the mid-term elections, or a new ranking member if they do not. Rand Paul of Kentucky, a surgeon and MAHA ally, and Susan Collins of Maine, a Kennedy skeptic, are next in line by seniority. But either one would have to give up another chairmanship to pursue the HELP Committee Chair.

According to the Federal Vacancies Reform Act an acting commissioner can remain in the role for 210 days after the vacancy occurs or longer if the White House submits a formal nominee to the Senate. If a nomination is pending, the acting commissioner can remain in place throughout the Senate confirmation process. If the nomination is withdrawn, rejected, or returned, another 210-day period can begin. Overall, this broader shift suggests the White House is recalibrating its health strategy before the midterms — emphasizing stability, food policy, and popular public health messaging rather than the more polarizing topics like vaccines. Meanwhile, voters are expressing strong concerns about rising gas and food prices due to the Iran war. Trump will need to continue to garner support from MAHA voters to have Republicans win the mid-term elections to maintain control of the House and Senate.

Take Back Your Health Tour
HHS Secretary Kennedy traveled to California last week as part of his nationwide “Take Back Your Health” tour, focusing on chronic disease prevention, cancer research, and addiction recovery. During the visit, Kennedy met with researchers at City of Hope, where he called for microbiome science to become a national “moonshot” priority. At a symposium hosted in partnership with HHS and the NIH, scientists and physicians explored how the microbiome may influence various aspects of health. Kennedy said the administration is committed to advancing prevention-focused health policies and accelerating medical innovation to address rising rates of chronic disease and poor health outcomes in the U.S. The event included participation from NIH Director Jay Bhattacharya and leading cancer researchers from across the country. Throughout the trip, Kennedy reiterated HHS commitment to prevention, outcome-based care, and initiatives aligned with the administration’s MAHA agenda. What is notable is this is the first democratic governed state that Kennedy has visited with his MAHA tour, however Governor Newsome is finishing his final term which is set to end in early January 2027.

 

FEDERAL

Universal School Meals Legislation

Sen. Bernie Sanders (I-Vt.) and Rep. Ilhan Omar (D-MN-05) introduced the Universal School Meals Program Act of 2026 in the Senate and House. The bill would provide all students with free breakfast, lunch, dinner, and a snack regardless of income, eliminate school meal debt, encourage local food sourcing, raise reimbursement rates, and strengthen Summer EBT (SUN Bucks) and CACFP. Rep. Josh Gottheimer (D-NJ-05) also introduced the Feed Our Kids Act (H.R. 8728), which would provide free breakfast, lunch, and after-school snacks to all K-12 public school students. The immediate next step for the bill is the standard congressional process: referral to committees, efforts to build co-sponsors, advocacy campaigns, and potentially inclusion in a broader child nutrition or farm bill package. 

 

Senate Farm Bill

Senate Agriculture Committee Chair John Boozman (R-AR) said he plans to release the Senate’s Farm Bill and hold a committee markup in June. As a reminder, the House passed their version of the Farm Bill (H.R.7567) in early May which was previously covered in this newsletter. At this point, it appears unlikely that the House and Senate will agree on a farm bill in time for it to pass this year.

USDA

SNAP

USDA Secretary Rollins joined Montana Governor Greg Gianforte as Montana submitted a waiver to ban soft drinks, “junk food”, and candy from SNAP purchases, making it the 23rd state to join the MAHA initiative. State and federal officials said the move is intended to align SNAP with nutrition goals, encourage healthier food choices, and reduce diet-related health issues such as obesity and Type 2 diabetes. The waiver builds on USDA’s “Laboratories of Innovation” effort, which invites governors to propose state-driven solutions to strengthen federal nutrition programs and protect taxpayer resources. It will take effect later this year, but details have yet to be published.

School Meals

Through an announcement this week USDA highlighted 4 of the more than 50 teams that are working to expand access to fresh, local foods in school meals. As part of the USDA’s Healthy Meals Incentives Initiative, the School Food System Transformation Challenge funds collaborative projects among school districts, producers, suppliers, distributors, and community partners. Boise State University, Chef Ann Foundation, Full Plates Full Potential, and Illinois Public Health Institute are leading this work nationwide to help districts innovate and strengthen school meals. USDA provided the full list of subgrantees and their accomplishments on this webpage.

FDA

Infant Formula

FDA has issued final guidance for infant formula manufacturers and laboratories that test infant formula. This document finalizes the approach outlined in the draft guidance issued in 2023. The guidance outlines how to design, conduct, evaluate, and report Protein Efficiency Ratio (PER) studies, which assess protein quality in formula. Because protein is essential for infant growth and development, these studies help ensure formulas provide adequate nutritional quality, especially when it serves as an infant’s sole source of nutrition. The guidance is intended to support industry—particularly companies seeking to introduce new infant formula in the U.S. by describing how PER studies can be conducted to meet FDA requirements for sufficient biological protein quality. This guidance is part of FDA’s broader effort to strengthen the infant formula supply by helping manufacturers prepare new infant formula submissions. Click here for related resources.

Food Traceability Rule Training
The FDA, working with the Food Safety Preventive Controls Alliance (FSPCA), has launched a new training program on the Food Traceability Rule (FTR). The course, “FSPCA FTR Training for the Food Industry,” provides essential guidance to help participants understand and comply with the Food Traceability Rule. Registration for participant courses is now open on the FSPCA website. Under the final rule, covered entities must keep records of key supply chain tracking events for designated foods, including initial packing, shipping, receiving, and transformation. These requirements will help FDA quickly identify where affected foods were distributed, improving its ability to prevent or limit foodborne illness outbreaks and respond to serious health threats. Next month, the FDA will host a public meeting to gather stakeholder input on FTR implementation, with a focus on lot-level tracking and compliance flexibilities.

Means Provides Remarks

Calley Means, Senior Advisor at HHS and a notable figure to MAHA supporters, delivered brief remarks during the weekly MAHA Media Hub meeting. In his remarks, Means said MAHA is focused on addressing the root causes of many health concerns, including diet and toxin exposure. He said MAHA initiatives have helped elevate public awareness of these issues and noted that medical organizations and major hospitals who the White House meets with now report increased patient interest in questions related to food and health. He also pointed to growing public attention to real food and broader wellness concerns. Means noted that the recent shift is also reflected in consumer behavior based on the latest statistic from the American Grocers Association who have reported a 9% increase in fresh food purchases in 2025. Means closed by encouraging attendees to continue to challenge “the system” including the corrupt food industry and lobbyists while pushing back on the status quo by asking thoughtful questions to policymakers.

It was also announced that the annual MAHA Summit is scheduled to take place on September 29 in Washington, D.C. This event was well attended last year and was primarily comprised of wellness influencers and supporters of the MAHA movement. Notable speakers included Vice President JD Vance.

STATES

New York

The New York Senate passed Senate Bill S428A, which would require chain restaurants to add warning icons to menu items that exceed the FDA’s daily sodium value. The state Health Department would have one year to issue guidance and develop the icon. The bill’s outlook is uncertain because the Assembly version has not gained traction.