Food regulation update September 15: The latest on MAHA and related developments

Overall Impressions
Since the release of the Commission’s report, reactions from both MAHA advocates and food industry representatives have been varied. Overall, the food industry appears somewhat relieved compared to initial expectations. Nevertheless, the sector still faces significant challenges, particularly with the forthcoming GRAS reform. Closing the so-called “GRAS loophole” could result in substantial changes to not only current ingredients in the market but also approval for ingredients moving forward. In essence, the era of self-affirming GRAS status without formal submission to the FDA appears to be coming to an end. If ingredients are currently self-affirmed GRAS without any previous GRAS documentation submitted to the FDA this could potentially lead to bans on those ingredients until a company submits a GRAS petition to FDA and receives a “no questions letter.” For those companies that submitted their documentation for self-affirmation and received no objection from FDA these ingredients may be able to continue being used in the market. Otherwise, if rejected a company may need to submit a food additive petition for use of that ingredient. As noted previously the FDA has announced the proposed rule on GRAS will be released in October for public comments which should address all these scenarios. In addition, FDA may also provide stricter safety criteria for GRAS approval. Interestingly, New York, New Jersey, and Pennsylvania have introduced legislation that would enact state-based GRAS programs.

As it relates to UPF there does not to be any new surprises within the Commissions report. The public comment period for FDA’s RFI on UPF remains open until September 23rd with the goal of FDA publishing a government-wide definition for UPF to “support potential future research and policy activity.” Of note, highly processed was referenced which appears to be used interchangeably with UPF by the Administration. In addition, we anticipate the language in the pending DGAs will recommend restricting intake of UPF.

It is notable that much of MAHA’s momentum has originated at the state level, and there is no indication this will shift. Secretary Kennedy remains committed to collaborating with states particularly those with Republican governors to expedite progress on several priorities outlined in the Commission’s report. While advancements at the federal level may proceed gradually, state-led initiatives can drive more immediate progress. However, this can create havoc for the food industry with patchwork regulations across the country. Secretary Kennedy has indicated that many of these priorities within the report are achievable within the coming year, though certain groups may offer resistance. The next significant publication from MAHA will be the 2025 DGAs, expected to be released in October.

Additional MAHA Commitments
Campbell's Co announced the company will remove synthetic dyes from its food and beverage portfolio starting in fiscal 2026. There are now 12 food manufacturers who have made voluntary commitments to the MAHA movement. For the full list visit this link.

USDA

School Nutrition
USDA’s Team Nutrition's resources released several resources which align with Secretary Brooke Rollins' focus on promoting healthy choices and outcomes for families. New to the training series: The Road to Successful Menu Planning for School Meals. These on-demand webinars guide schools in planning menus that meet nutrition standards and meal pattern requirements. Seven short trainings have been added.

Menu Planning

• Menu Planning for the National School Lunch Program Afterschool Snack Service
• Nuts and Seeds Flexibilities in School Meals
• School Breakfast Flexibilities: Grains and Meats/Meat Alternates and Substituting Vegetables for Fruit
• School Lunch Menu Flexibilities: Beans, Peas, and Lentils

Reducing Added Sugars

• Reducing Added Sugars at School Breakfast: Menu Planning Tips
• Reducing Added Sugars in Recipes
• Using Nutrient Analysis Software for Added Sugars

New Food Yields
The following new foods are now available in the Food Buying Guide: Crushed pineapple, pineapple chunks, pineapple tidbits, dried mangoes, açai puree, dragon fruit (pitaya), and chopped romaine lettuce. For more information visit Food Buying Guide for Child Nutrition Programs (FBG) Interactive Web-based Tool and the FBG Mobile App.


FEDERAL UPDATES

House Hearings on SNAP & Children’s Nutrition 
On September 9th two hearings were held on Capitol Hill. The first by The House Agriculture Committee’s panel on nutrition and foreign agriculture with a focus on “Exploring State Options in SNAP”. The second hearing held by the House Oversight Committee’s panel on health care and financial services with a focus on “Better Meals, Fewer Pills: Making Our Children Healthy Again.” Both links provide recordings of the hearings. 

House Appropriations Subcommittee Advances HHS FY 2026 Funding Bill
The House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee approved $108 billion in FY 2026 funding for HHS by an 11-7 vote (bill summary). The bill reduces the HHS budget by $7 billion (6%), compared to the $31.3 billion reduction proposed by President Trump. Funding for NIH would remain at $48 billion, while CDC funding would decrease by 19% to $1.7 billion. The bill allocates $100 million to the Make America Healthy Again initiative and proposes eliminating the Agency for Healthcare Research and Quality (AHRQ). The measure now advances to the full House Appropriations Committee, which convened on September 9th and can be watched.

Former Director of CDC 
After the September 4th Senate hearing with Secretary Kennedy, where much of the debate focused on the former CDC Director Susan Monarez, she will now testify on September 17th before the Senate Health Committee about her firing. Chair Bill Cassidy said the hearing will address her removal and other recent CDC resignations, with a future session planned for current HHS officials to respond.

Food Traceability Rule 
FDA is proposing to extend the compliance date for the Food Traceability Rule by 30 months. The rule establishes additional traceability recordkeeping requirements, beyond what is already required in existing regulations, for persons who manufacture, process, pack, or hold foods found on the Food Traceability List. In theory the requirements in the rule will allow for faster identification and removal of potentially contaminated food from the market, resulting in fewer foodborne illnesses and deaths.

STATE & LOCAL UPDATES

New York 
NYC Updates Food Standards for 11 City Agencies - The NYC Health Department and Mayor’s Office of Food Policy have announced new updates to NYC Food Standards for Meals and Snacks Purchased and Served to improve nutrition in meals and snacks served through city agencies. These changes, part of the Chronic Disease Strategy, include tighter limits on artificial colors and sweeteners, and more minimally processed plant proteins each week.