Food regulation update February 2: The latest on MAHA and related developments

CHICAGO, February 2, 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 

FDA

FDA Human Foods Program: 2026 Priority Deliverables
The FDA Human Foods Program (HFP) has released its Priority Deliverables for 2026, presenting an ambitious agenda for an agency that has been historically slow to implement new policy. This annual publication of priorities, initiated by Former FDA Deputy Commissioner James Jones in FY2025 and continued under current Deputy Commissioner HFP Kyle Diamantas, provides stakeholders with a roadmap for the agency’s direction and progress. 

Key Highlights of the 2026 Agenda 

1. Enhanced Guidance and Accountability
The HFP has updated its guidance schedule, now organized by three core program pillars: food chemical safety, nutrition, and microbiological food safety. Notably, the Food Safety Modernization Act guidance has returned after a temporary elimination of regulatory staff - a reversal that underscores renewed commitment to food safety. 

2. Continuation of Bipartisan Health Priorities
Major initiatives such as food chemical safety review, the Closer to Zero campaign, Front-of-Package Nutrition Labeling, and Traceability remain central. These programs are recognized for their potential to drive meaningful improvements in public health and align to MAHA priorities. 

3. Nutrition Policy: Progress and Challenges
While the agenda is ambitious, several nutrition priorities appear to be losing their momentum given they will be in the assessment and planning phase. Notably, the agency is not expected to move beyond comment assessment for ultra-processed foods (UPF) and Front-of-Package Nutrition (FOP) Labeling this year. As noted, “HFP will continue to collaborate with USDA and other federal government partners on gathering information, data and research, and analyzing comments to the 2025 RFI to develop a federal government definition of UPFs.” As it relates to FOP labeling, “In 2026, HFP will assimilate and summarize the public comments and prepare options for leadership to make decisions on the content of a final regulation.” FDA has noted they will create an added sugars reduction strategy while conducting a formal evaluation of phase I sodium targets. There may be a reopening of the definition for “healthy” foods to ensure alignment with the new 2025-2030 Dietary Guidelines.

4. New Initiatives
The 2026 priority list introduces new projects, including research on microplastics, caffeine labeling, online food labeling, and guidelines for marketing foods to children - reflecting some of the recommendations from the MAHA report. These additions expand the scope of the HFP’s work. 

5. Microbiological Food Safety
Despite being a core area with significant resource needs, the agenda is thin on new policy for microbiological safety. A notable omission is the lack of planned activities for infant formula microbiological risks, even as outbreaks persist. 

6. Regulatory Reform and Chemical Safety
The FDA is moving forward with GRAS (Generally Recognized as Safe) reform, proposing new regulations that require formal notification for all substances claimed to be GRAS. Post-market safety reviews of food chemicals will continue, focusing on substances of greatest concern to consumers, such as phthalates and certain preservatives. 

7. Added Sugar Reduction Strategy
A major initiative for 2026 is the development of an added sugar reduction strategy. This will encourage the food industry to lower added sugar in processed foods, propose new nutrient content claims (such as “low added sugar”), and explore consumer education and labeling requirements. The strategy also considers labeling for sugar alternatives and the use of non-nutritive sweeteners. 

8. Marketing to Children
The FDA, in collaboration with the Federal Trade Commission, will explore industry guidelines to limit the direct marketing of unhealthy foods to children. This initiative, revived by the MAHA strategy, aims to address longstanding public health advocacy goals and could face significant industry opposition and legal challenges 

9. Other Notable Actions

• Natural Color Additives: The FDA continues to prioritize a shift from petroleum-based dyes to natural alternatives.
• Infant Formula Safety: Operation Stork Speed will modernize nutrient requirements and increase testing for contaminants in infant formula.

The HFP’s agenda is ambitious, especially given reduced staffing and administrative support. Achieving even a fraction of these deliverables will require creativity and strong MAHA advocates and political backing. 

1. Prepare for Stricter Ingredient Oversight
   • Review all substances currently claimed as GRAS and ensure readiness for new notification requirements.
   • Review state restrictions on ingredients to gain insight into what may be prohibited at a federal level.
   • Monitor developments in post-market safety reviews and be proactive in reformulating products with chemicals under scrutiny. 
   
   
2. Advance Sugar Reduction Efforts
   • Begin reformulating products to lower added sugar content.
   • Explore “natural” alternative sweeteners and prepare for potential new labeling requirements.
   • Engage in consumer education initiatives to communicate reduction of sugar in products. 
   
   
3. Adapt Marketing Strategies
   • Anticipate new guidelines on marketing to children and review current practices for compliance.
   • Do an internal audit of your own marketing to children policies to address or shape responsible marketing policies. 
   
   
4. Embrace Transparency in Labeling
   • Prepare for expanded front-of-package and online labeling requirements. What is uncertain is if we will see a reemergence for consideration by the Administration on the use of “traffic light” labeling similar to what is done in Europe and Latin America.
   • Ensure all nutrition, ingredients, and allergen information is easily accessible to consumers. 
   
   
5. Support Food Safety Innovations
   • Invest in improved sanitation controls and preventive measures for chemical and microbiological hazards.
   • Collaborate with state partners and regulatory agencies to maintain high standards in food safety inspections. 
   
   
6. Monitor Emerging Issues
   • Stay informed about research on microplastics, natural color additives, and dietary supplement oversight.
   • Participate in public comment opportunities and stakeholder communications to influence policy development.

• Data visualization: Interactive charts for exploring findings
• Transparency: Full access to analytical results and downloadable datasets
• Historical data: Nutrients and contaminants tracked since 2018
• Ongoing updates: New data added regularly
• The TDS continuously monitors chemical contaminants and nutrients in foods common in the U.S. diet, helping assess exposure risks and supporting FDA oversight.
  
   

MAHA

Surgeon General – Casey Means, President Trump’s nominee for surgeon general, is scheduled to appear remotely before a major Senate committee on February 25th after her confirmation hearing was delayed due to her going into labor. Means, a Stanford-trained physician and prominent health influencer who left her surgical residency to pursue alternative medicine, will need to assure committee members of her qualifications to be the nation’s leading doctor at next month’s hearing. However, her previous endorsements of medical conspiracy theories and disproven pseudoscience may present challenges to her confirmation.

One Year Mark – As HHS marks its one-year anniversary under Secretary Kennedy’s leadership, the department is celebrating its achievements on a newly launched website landing page. Key achievements include 37 states enacting MAHA-aligned legislation in accordance with priorities, 18 states adopting SNAP waivers, and 40% of the food industry’s commitment to eliminate food dyes.

OTHER NEWS

Non-UPF Verified Label Launched - The Non-GMO Project has introduced a Non-UPF Verified label, which could appear on store shelves as early as this spring. According to the Non-UPF Verified Standard document, the standard addresses ultra processing from two main perspectives:

• Ingredient Integrity & Formulation: The standard limits ingredients that are widely acknowledged as harmful or typical of ultra-processed foods - particularly those meant to create hyperpalatable textures and flavors or to substitute for the natural structure and function of real food.
• Processing Limits: The standard differentiates between minimal, conditional, and prohibited processing methods. Products must primarily consist of minimally processed ingredients and avoid extensive chemical, structural, thermal, or biological modifications. These limitations apply both to individual ingredients and to the finished product.

U.S. Completes Withdrawal from WHO - HHS and the Department of State released a joint statement regarding the termination of U.S. membership in the World Health Organization (WHO). President Trump announced the United States' intention to withdraw from WHO effective January 2025. Over the past year, the U.S. ceased funding, withdrew personnel, and transitioned certain WHO activities to other countries and organizations. In response, WHO acknowledged the significant prior contributions of the United States and stated that the withdrawal renders both the country and the international community "less safe."

WHO Selects Food Additive Experts - The World Health Organization has announced its new list of toxicology and epidemiology specialists who will advise the Joint FAO/WHO Expert Committee on Food Additives (JECFA) from 2026 to 2030. Since its founding in 1956, JECFA has provided scientific risk assessments on food additives, contaminants, naturally occurring toxins, and veterinary drug residues, supporting both Codex Alimentarius standards and national food safety rules. According to WHO, the experts - chosen for their scientific qualifications, independence, and with attention to geographic and gender diversity - will serve as individuals and must disclose any potential conflicts of interest.