Food regulation update April 27: The latest on MAHA and related developments

CHICAGO, April 27, 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

 

Hearings

HHS Secretary Kennedy endured seven hearings over the course of two weeks on Capitol Hill about the White House’s HHS budget request and related MAHA agenda. During his appearances before the House Ways and Means and Appropriations Committees, Kennedy emphasized both the publication of the 2025 Dietary Guidelines for Americans (DGA) and plans to eliminate synthetic food dyes. Of note, Kennedy referenced the DGA by stating “They were written by food industry lobbyists and reflected the mercantile impulses that had driven Froot Loops to the top of the Food Pyramid.” He also responded to inquiries regarding his opinions on vaccines and intentions to reduce funding for research. 

During the House Ways and Means Committee meeting, he told House lawmakers he is “reforming” the U.S. Preventive Services Task Force (USPSTF), criticizing its past performance and pledging new members, more frequent meetings, and greater transparency. The former task force was disbanded and has not met in over a year, with several meetings canceled and key preventive care guidelines left unfinished. This slowdown has raised concerns among public health experts, who warn the panel’s evidence-based work and credibility could be at risk. Lawmakers and advocates have urged HHS to restore the USPSTF’s normal operations, noting its critical role in determining which preventive services insurers must cover without cost-sharing. 

Many of the hearings focused on the proposed budget which would allocate $111 billion to HHS, a 12.5% cut from current levels. While testifying before the Appropriations Committee, Kennedy explained that the proposed $5 billion cut to NIH funding aimed to “recalibrate” the agency’s priorities toward chronic disease. “I’m not happy about the cuts,” Kennedy said. “Nobody wants to make the cuts … but we got a $39 trillion debt.”

This week during the Energy & Commerce Hearing and the Senate Labor, Health and Human Services, Education, and Related Agencies, Kennedy did not focus exclusively on food, but his comments consistently tied food policy to his broader MAHA agenda. He reiterated that diets high in ultra-processed foods are a primary driver of poor health outcomes, positioning the food system as a key area for intervention. Kennedy also underscored ongoing and planned efforts to increase scrutiny of food ingredients and additives, including actions to phase out certain synthetic dyes and strengthen oversight and radical transparency through the FDA. Alongside this regulatory focus, he highlighted a preference for improving dietary patterns through consumer behavior and access to healthier options, rather than expanding traditional nutrition assistance programs. It was evident that Kennedy’s approach, as reflected in the hearings, leans toward reshaping the food environment and influencing consumer behavior through transparency, reformulation, and prevention rather than relying on expansion of traditional nutrition assistance programs as the primary lever to improve dietary patterns.

His remarks suggested a dual approach to the food industry - encouraging voluntary reformulation while signaling a willingness to pursue regulatory measures if progress is insufficient. “We are ending the era of federal policies that fueled the chronic disease epidemic and replacing them with policies that put the health of Americans first,” Kennedy said. When Kennedy emphasized prevention over federal program expansion some Democrats defended SNAP and WIC as critical nutrition safety nets arguing that improving diet quality should include strengthening, not shrinking, assistance programs. However, some Republicans supported Kennedy on increasing transparency in food ingredients and labeling while encouraging consumer-driven dietary improvement rather than expanding federal feeding programs. Despite broader political divisions surrounding the HHS budget, food and nutrition emerged as a relatively bipartisan area of interest, with general agreement on the need to improve the quality of the U.S. food supply, though differences remain on policy execution. Overall, the hearings reinforced that food policy is expected to remain a significant focus within HHS, with implications for industry reform, regulatory oversight, and public health strategy.

Budget Controversy

Anti-hunger advocates are mobilizing to defend recent enhancements to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) after Trump’s fiscal 2027 budget proposal called for reducing the program’s fruit and vegetable benefit to pre-pandemic levels - about one-third of its current amount. A similar proposal was rejected by the Senate last year. WIC, which serves more than 6.5 million low-income women and children, would see monthly produce benefits drop significantly (e.g., from $52 to $13 for breastfeeding mothers). While HHS Secretary Kennedy has voiced concern over the cuts, USDA Secretary Rollins has defended them, pointing to other federal nutrition programs as alternatives. “There is plenty of programming out there that will allow for the purchasing of the real food that is needed under the nutrition programs,” Rollins told reporters recently.

Advocates are also pushing to extend pandemic-era virtual appointment flexibilities, set to expire September 30th, which have helped increase participation, according to the National WIC Association. The proposal is part of a broader 19% budget cut to the USD

Farm Bill Update & Support

House leadership could bring the Farm Bill (Farm, Food, and National Security Act of 2026/H.R.7567) to the floor for a vote the last week of April. There are several highly debated provisions, including immigration enforcement and federal preemption over state pesticide labeling and animal welfare laws. The Senate is working on its own version of the farm bill. Just recently, over 300 agricultural organizations have sent a letter to House leadership, encouraging Congress to approve the farm bill. They call on House and Senate leaders to build upon recent progress and make prompt consideration and passage of a bipartisan, bicameral Farm Bill 2.0. Although there are many competing demands on congressional time and resources, they note this legislation is vital to both the agricultural economy and rural communities, and its importance cannot be emphasized enough.

 

MAHA

 

Road Show

HHS Secretary popularity with Americans is about to be put to the test. Secretary Kennedy will join Republican House and Senate members in states with closely contested races this autumn, including several considered pivotal for the 2028 presidential election. Scheduled stops include Arizona, Pennsylvania, Wisconsin, Michigan, California, Virginia, Ohio, Montana, and Texas. The midterm elections will gauge Secretary Kennedy’s influence and determine whether his leadership on MAHA with a focus on food and fitness policies can deliver results for the GOP.

House Majority Forward, an organization affiliated with House Democratic leadership, has already launched digital advertisements in Republican districts, alleging that Secretary Kennedy “gutted the FDA, undermining food and medicine safety, and outbreaks of measles and whooping cough are on the rise.” At upcoming events, Secretary Kennedy is expected to emphasize updated Dietary Guidelines, nutrition education in medical schools, and agreements with major food companies to voluntarily eliminate artificial dyes from their products while avoiding more contentious topics like vaccines.

According to HHS spokesperson Andrew Nixon, “Secretary Kennedy’s ongoing ‘Take Back Your Health’ tour highlights the issues Americans consistently say matter most to their families, including chronic disease prevention, childhood nutrition, food quality, and affordable health care.” Given the continued controversy on Secretary Kennedy’s positions, even within the MAHA following time will tell if he can make an impact on the outcomes of the mid-term elections.

 

HHS

 

New Appointmeny

HHS has appointed Casey B. Mulligan, PhD, as Chief Economist and Chief Regulatory Officer. Mulligan, previously Chief Economist for the Council of Economic Advisers during the Trump Administration and Chief Counsel for Advocacy at the Small Business Administration, will advise Secretary Kennedy and other leaders on health care policy and cost analysis. Secretary Kennedy stated, “Casey Mulligan brings outstanding expertise to HHS. He was instrumental in President Trump’s economic successes and will now focus on improving health care, a significant part of our economy.”

FDA

 

Social Media Post

FDA Commissioner Marty Makary posted a video on X praising a school for offering less processed lunches, highlighting an FDA grant program that helps schools use healthier ingredients and cut contaminants and additives. It is interesting to see Makary addressing school meals when this typically falls under USDA programs. Is this a preview to come on how FDA plans to implement the pending regulatory definition of ultra-processed foods to federally funded meal programs?

Diamantas Interview

At POLITICO Health Care Summit, Kyle Diamantas, Deputy Commissioner for the Human Foods Program at FDA discussed current priorities highlighting ongoing regulatory efforts and areas under review.

Diamantas said the agency will be addressing the Generally Recognized as Safe (GRAS) process, with a focus on improving transparency which is a core priority for this administration. A proposed rule remains under interagency review at the Office of Management and Budget, where it has been for several months. He indicated there are no specific roadblocks from the White House but did not provide a firm timeline beyond suggesting it could be released before the November midterm elections.

On ultra-processed foods (UPFs), Diamantas noted their association with chronic disease while acknowledging that there is no standardized federal definition. He pointed to state-level efforts in California, Massachusetts, and Arizona as examples of emerging definitions and frameworks for implementation. He said the agency is working through how a federal definition could be established and more importantly applied but emphasized that defining UPFs is a necessary first step. Front-of-pack labeling was also discussed, though Diamantas said it is too early to determine how such efforts might align with a future UPF definition.

Addressing federal and state roles, Diamantas noted that pre-emption is ultimately a matter for Congress to decide. He added that state-level actions, in part driven by FDA’s historic lack of response or perceived gaps in federal regulation, have contributed to increased momentum for FDA activity in this area.

He also highlighted the agency’s development of a post-market review framework for food chemicals, which he described as a first for the FDA. The framework, expected in the coming weeks, will outline criteria to prioritize food chemicals for evaluation. This post-market review was already being developed during the Biden Administration but the prioritization will be telling on how this current administration plans to address the chemicals already in our food supply. The administration has allocated approximately $52 million in the budget to support this effort. Finally, Diamantas discussed Operation Stork Speed which addresses the safety of infant formulas. He noted results of a study will be published next week which he said will provide reassurance to the public on the safety of infant formulas. “We have been engaging for quite some time now in the largest, most robust testing of infant formula in US history, generating over 120,000 data points, testing for heavy metals, so lead, cadmium, mercury, arsenic, as well as a number of PFAS, phthalates and pesticides. We will be releasing those results next week.”

 

USDA

 

Reorganization

HHS Secretary popularity with Americans is about to be put to the test. Secretary Kennedy will join Republican House and Senate members in states with closely contested races this autumn, including several considered pivotal for the 2028 presidential election. Scheduled stops include Arizona, Pennsylvania, Wisconsin, Michigan, California, Virginia, Ohio, Montana, and Texas. The midterm elections will gauge Secretary Kennedy’s influence and determine whether his leadership on MAHA with a focus on food and fitness policies can deliver results for the GOP.

 

  

STATES

 

New York

On April 22nd, Assemblymembers in Albany approved the New York Food Safety and Chemical Disclosure Act (S1239/A1556), a historic legislative measure that supports transparency regarding chemical safety in food products. Following its unanimous passage in the Senate last month, the bill mandates the creation of an online database for safety assessments of food chemicals used within New York, potentially influencing federal standards on disclosure practices.

The legislation significantly addresses the so-called “GRAS loophole” by requiring food manufacturers to submit safety information on all food chemical uses to the NY state Department of Agriculture and Markets. This data will be made available to the public through an online database, enabling regulators and consumers to access and independently evaluate the safety of these substances.

State-level GRAS reform is particularly relevant given the federal government’s proposed GRAS rule, which is purported to restrict this loophole, has been under White House review since December. Additionally, the bill prohibits the statewide sale of foods containing Red 3 (recently banned by FDA), potassium bromate and propylparaben. The legislation now proceeds to the governor’s desk for signature, after which it will become effective in one year. 

MASA Fortification

New York and Delaware are considering legislation (NY Assembly Bill A10920 and Delaware House Bill 337) to mandate folic acid fortification of corn masa products, joining several other states who are also considering such legislation including Florida, Georgia, Oklahoma and Oregon. California and Alabama have already passed such laws, aiming to reduce neural tube defects in infants.

Virginia & Allergen Labeling for Food Take-Out and Delivery

Governor Abigail Spanberger approved SB 183, requiring restaurants to clearly mark foods altered due to allergies or sensitivities for takeout and delivery, including markers for each major allergen like gluten.

Virginia Restricts Labeling on Meat Alternatives

Governor Spanberger also signed HB 322, which requires products marketed as meat but made from plant-based, lab-grown, insect-based, or fungus-derived proteins to display clear labels such as “plant-based,” “lab-grown,” or “vegan.”

OTHER NEWS

 

Codex Committee on Food Labeling

The U.S. Codex Office will host a virtual public meeting to gather input before the 49th Session of the Codex Committee on Food Labelling, scheduled for May 11-15 in Ottawa, Ontario. Officials will present draft positions and seek feedback from stakeholders including industry on major agenda items. Participants can receive session background and share input on U.S. positions; written comments are also welcome before the meeting. Registration can be found here.

USDA Organic Standards Board Meeting and Listening Sessions

The National Organic Program Standards Board at USDA has planned two public comment webinars alongside their spring meeting. Topics on the agenda include petitions to add or remove substances from the National List of Allowed and Prohibited Substances (National List), reviews of substances set to sunset in 2028, and recommendations regarding organic regulations. The public can share their input on NOSB Subcommittee proposals through Regulations.gov (Docket # AMS-NOP-25-0914). Written comments are due by 11:59 PM ET on May 4, 2026. Oral comments may be given during online listening sessions scheduled for May 5 and May 7, as well as during the in-person meeting on May 12. To provide oral remarks, registration must be completed by April 27, 2026, or until available slots are filled. Click here to register to provide comments (closes April 27th) for the May 5th and 6th meeting.