CHICAGO, May 4, 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

 

New Surgeon General Nomination 

There was a big blow to MAHA supporters this week. President Trump announced the withdrawal of MAHA influencer Casey Means’ nomination for U.S. Surgeon General who was a highly contested candidate given her lack of credentials and experience. This decision comes after her Senate confirmation faced significant delays for over two months over growing concerns from Republicans about her position on vaccines and psychedelics. Just recently at a House Appropriations Committee hearing Secretary Kennedy made a plea with members to get her appointment confirmed stating Means was “the most articulate, eloquent and erudite evangelist of the MAHA movement.” The president is now nominating Nicole B. Saphier, who currently serves as the director of breast imaging at Memorial Sloan Kettering Hospital in Monmouth, New Jersey. This will undoubtedly get backlash from MAHA as they were an avid supporter of Means for this position. Read the article on Casey Means' nomination written by Peter Romeo. 

 

Secretary Kennedy Podcast
In this second episode of Secretary Kennedy’s newly launched podcast he welcomed well-known boxer and celebrity Mike Tyson. After some initial discussion on Tyson’s childhood, the conversation broadens to focus on Tyson’s relationship with food and weight, linking his fear of obesity and reliance on ultra-processed foods to the realities of growing up with limited access to healthy options and living in neighborhoods affected by food deserts. Secretary Kennedy and Tyson discussed how mentorship and practical support can encourage healthier eating and self-respect, and they connect poor-quality institutional food - especially in prisons - to anger and violence, arguing that better food and rehabilitation programs can reduce disciplinary problems and support successful reentry. The podcast closes with Tyson urging moderation and prioritizing “real food,” followed by brief remarks about his long-standing relationship with President Trump and his support for Secretary Kennedy and MAHA. As a reminder Tyson is currently featured in advertisements in major cities under the campaign slogan of “ultra-processed food kills.

FEDERAL

 

Farm Bill

The House has passed the 2026 Farm Bill (H.R. 7567) by a vote of 224-200. The legislation encountered significant obstacles before reaching a full vote, with several Republican members threatening to oppose it because of concerns about the pesticide labeling provision, which would have provided some legal protection for pesticide manufacturers against cancer warning label lawsuits. MAHA advocates specifically sought the removal of Sections 10205–10207, as these sections would have shielded pesticide manufacturers from failure-to-warn lawsuits and overridden state and local regulatory authority. Amendments #141, #29, and #301 —collectively referred to as the Luna Amendment and spearheaded by Rep. Anna Paulina Luna (R-Fla.) were introduced after she warned that she would strongly oppose the bill if the pesticide preemption language remained, asserting that it would give broad immunity even when risks were known but undisclosed. Section 10205 aimed to restrict legal accountability, and Section 10206 intended to reduce oversight at the state level. The Rules Committee advanced the bill, including the Luna Amendment to a full House vote, resulting in passage. Six Democrats voted to retain the language, whereas 73 Republicans supported the Luna Amendment. This outcome represents a major victory for MAHA advocates. In addition, federal feeding program advocates are dismayed as the farm bill does not restore nearly $187 billion in SNAP funding or reverse the SNAP eligibility restrictions changed under H.R. 1 also known as “the one big beautiful bill.” Further, as previously reported, it codifies the contested 2025 Dietary Guidelines and undermines the integrity of the process for updating them going forward. Nevertheless, the House version of the farm bill is expected to face delays with the Senate threatening to create their own version, so its final passage may take some time.

Supreme Court Hearing

On Monday, the Supreme Court heard oral arguments in Monsanto v. Durnell, a case central to the ongoing debate regarding the health implications from glyphosate, the active ingredient in Roundup herbicide. The proceedings will determine whether Bayer, which acquired Monsanto in 2018, will be preempted from failure-to-warn claims linked to cancer risks associated with pesticide use. In December, the Trump administration supported the chemical company by issuing an executive order to increase glyphosate production. At the same time, MAHA leaders organized a rally at the Supreme Court steps titled “The People vs. Poison” that featured MAHA advocates and influencers, as well as some notable bipartisan speakers including Reps. Thomas Massie (R-Ky.), Chellie Pingree (D-Maine), and Sen. Cory Booker (D-N.J.). What is interesting to see is a couple of Democrats showing up at these events which have been traditionally supported and attended by Republicans. Are we starting to see a shift in alliance from Republicans to Democrats by MAHA? “We want to know why our leaders can look us in the eye and say they want a healthier America while turning a blind eye to what these chemicals are doing to our bodies,” Vani Hari aka “The Food Babe.” This will be interesting to watch as the mid-terms and presidential election approach. Hari encouraged all in attendance to visit the People vs. Poison website and contact their respective members of Congress to voice their support to strike the provisions from the Farm Bill that are in support of Bayer and other chemical companies (which as noted was a big win for MAHA). It will be some time before we know how the Supreme Court will rule while the debate continues on preemption at a federal level. 

New Preemption Legislation

Rep. Kat Cammack (R-Fla.) has introduced draft legislation titled “FDA Review and Evaluation for Safe, Healthy, and Affordable Foods Act of 2026” known as the “FRESH Act” that would preempt state-level food additive and safety laws, a move widely seen as targeting recent state actions, including the recently passed legislation in New York that is expected to be signed into law by the governor. The proposal has drawn sharp criticism from Vani Hari, a highly influential MAHA advocate, the Environmental Working Group and Centers for Science and Public Interest who argued it would expand industry self-regulation. Meanwhile, Rep. Frank Pallone (D-N.J.) has introduced separate legislation that would require increased federal oversight of “Generally Recognized as Safe” (GRAS) determinations, signaling continued debate in Congress over the balance between federal and state authority in food regulation.

House Committee Meeting on FDA Oversight of Food

The Energy and Commerce House Committee conducted a nearly 3 hour meeting on FDA’s oversight of the U.S. food supply entitled “Healthier America: Legislative Proposals on the Regulation and Oversight of Food.” They discussed 28 pieces of legislation including 5 proposed legislations addressing GRAS along with baby food safety, food date labeling, protection of dairy’s identity vs. plant-based alternatives, caffeine safety, and dietary supplements. The committee posted a hearing memo detailing all the bills. Those that provided oral testimony to the committee included Steven Mandernach, executive director of the Association of Food and Drug Officials; Joseph Colalillo, president of ShopRite of Hunterdon County, Inc.; Chad Hamilton, board member of the International Dairy Foods Association’s Cheese Board; and Scott Faber, executive director of government affairs for the Environmental Working Group.

Members and witnesses argued for stronger, science-based federal standards and better FDA resourcing, while debating how to avoid a costly patchwork of state-by-state rules. Witnesses emphasized improving federal–state information sharing during outbreaks/recalls, increasing scrutiny and periodic reassessment of food additives and contaminants, enhancing consumer-facing labeling (including date labels and caffeine disclosure), and addressing specialized issues such as infant formula safety, standards of identity (e.g., orange juice, dairy terms), and definitional clarity (e.g., “natural cheese”).

Key themes

  • Modernizing FDA food oversight: Calls to strengthen FDA's ability to evaluate ultra-processed foods, and chemical/additive safety, including post-market reassessment of "legacy" substances that have been in the food supply for decades.
  • GRAS reform and transparency: Repeated concern that companies can self-determine "generally recognized as safe" status (including "secret GRAS" substances), limiting FDA visibility and public confidence.
  • Resourcing and staffing: Multiple speakers link recent FDA staffing reductions and limited appropriations by the Trump administration to slower reviews, weaker surveillance, and less effective recall execution.
  • Federal-state coordination: States and local agencies conduct most routine inspections; witnesses argue FDA must be able to share actionable recall/distribution information rapidly with state/local partners.
  • Uniform national standards vs. state patchwork: Retailers and some members stress that divergent state labeling/ingredient rules can increase operational complexity, raise costs which will result in increased costs to the consumer, and reduce product availability, while others emphasize states' role when federal action lags.
  • Consumer-facing labeling: Discussion includes clearer ingredient/allergen disclosures, standardized food date labels, and improved caffeine labeling to reduce confusion and improve safety.
  • Infant and child food safety: Emphasis on rapid reporting of pathogen positives, stronger oversight/testing, and recall effectiveness for infant formula and baby foods.

Major proposals and examples referenced

  • GRAS/food chemical oversight bills (multiple): Proposals discussed include requiring more transparency in GRAS notices, requiring affirmative FDA review/acknowledgement for new chemicals, enabling FDA to revoke or revisit listings, and establishing periodic reassessment supported by fees paid by industry.
  • "Fresh and Affordable Foods Act" (discussion draft): Framed as pursuing a unified national framework for ingredient transparency and oversight while reducing state-by-state fragmentation; also touches infant/toddler food safety and testing.
  • HR 8430 - Federal and State Food Safety Information Sharing Act: Would enable FDA/HHS to share unredacted, time-sensitive recall and distribution information with state/local partners, with confidentiality safeguards.
  • Food date labeling reform: Support expressed for standardizing date label terms (quality vs. safety) to reduce consumer confusion and food waste.
  • Sarah Katz Caffeine Safety Act: Would require restaurant/menu disclosure above a caffeine threshold and improved labeling of caffeine/stimulants; also directs further FDA study/regulatory updates.
 

Points of agreement and tension

  • Broad agreement: Consumers should know what is in their food; food safety oversight should be science-based; outbreaks/recalls require faster, better-coordinated response; and FDA needs sufficient authority and resources to be effective.
  • Key tension: How to improve chemical/additive oversight and labeling transparency without creating a costly, confusing patchwork of state requirements that increases supply-chain burden and consumer prices.
  • Role of states: Some view state action as essential to fill federal gaps and drive change; others warn expansive state-by-state rules may reduce availability and raise costs and favor a single national standard.
  • Approach to reform: Debate over whether to allow more industry self-policing versus requiring affirmative FDA review and public-facing transparency, especially for new chemicals and infant formula contamination information.

Overall, the hearing underscores shared interest in a safer and more transparent food system, alongside practical disputes about how to modernize FDA oversight without increasing costs or creating conflicting state requirements. Across perspectives, the most consistent throughline is that durable progress will require clearer national standards, stronger information sharing during outbreaks and recalls, and sufficient FDA authority and resources to evaluate food chemicals and labeling in a way that earns public confidence. Keep in mind this is a legislative hearing, not a markup, which means it’s just the first step in the legislative process.

 

State Dinner

Over 100 individuals attended the state dinner hosted by President Trump for King Charles III of Britain and Queen Camilla on Tuesday evening. The guest list included prominent allies and acquaintances of President Trump, senior administration personnel, six Supreme Court justices, Republican legislators, billionaires, and other notable conservative figures. Of note, global food ingredient providers were in attendance, including Brian Sikes, Chief Executive Officer, Cargill and Juan Luciano, Chief Executive Officer, Archer Daniels Midland. Secretary Kennedy and his team were not in attendance.

 

FDA

 

Infant Formula

The FDA has announced significant findings from the largest and "most rigorous" examination of chemical contaminants in infant formula available on the U.S. market. The results indicate that an overwhelming majority of the tested products had undetectable or very low levels of contaminants, confirming the safety of the U.S. infant formula supply. 

Key details include:
• The FDA tested over 300 infant formula samples that represent products sold at retail across the U.S., generating more than 120,000 data points.
• The contaminants tested included lead, mercury, cadmium, arsenic, pesticides (such as glyphosate and glufosinate), per- and polyfluoroalkyl substances (PFAS), and phthalates.
• The samples encompassed powders, ready-to-feed liquids, and concentrated liquids, all rigorously tested and analyzed in FDA laboratories. 

Looking ahead, the FDA plans to take further action, which includes:
• Testing for additional contaminants.
• Continuing engagement with manufacturers to minimize contaminant levels as much as possible.
• Working to establish action levels for contaminants in infant formula.
• HHS Secretary Kennedy will host chief executives from leading infant formula companies in May for a roundtable


Budget

The House Appropriations Committee on Wednesday advanced a bill by a 35-25 vote that would fund the FDA with $7.1 billion in topline funding for fiscal 2027 to enable the agency to keep food, drugs and medical devices safe and effective, and support MAHA initiatives.



OTHER NEWS

 

Aldi’s Commitment

Aldi has announced plans to remove 44 ingredients from its private label assortment by December 2027.The targeted ingredients include certain artificial preservatives, colors, flavors, and sweeteners. This decision will expand the company's list of prohibited ingredients from 13 to 57 and is intended to address consumer preferences for products with simpler ingredient profiles.

 

 
 

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Regulatory & Legislative Developments