CHICAGO, September 22, 2025 — 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

Ultra-Processed Foods (UPF)
HHS, FDA and USDA have extended the public comment period for the Request for Information (RFI) on ultra-processed foods by 30 days. They are now due October 23rd. For more information read IFMA’s previous coverage when the RFI UPF was first announced.

Dietary Guidelines

The pending 2025-2030 Dietary Guidelines for Americans (DGA) was expected to be released in October based on previous public comments from Secretary Kennedy and Secretary Rollins. It now sounds as though there may be a delay. During a podcast Calley Means, White House Advisor for MAHA, recently suggested the administration may have a longer timeline noting they have until end of year to publish the DGA noting, “We’re working to get it out, but it’s due by the end of the year.”

FDA

Petroleum-Based Colors
FDA has taken another step in the national initiative to phase out petroleum-based food dyes by proposing to revoke the regulation authorizing the use Orange B, a petroleum-based food dye. The FDA also recently included the six remaining petroleum-based dyes frequently used in the food supply—FD&C Green No. 3, FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1, and FD&C Blue No. 2 – on its list of select chemicals under FDA review. The FDA is accepting public comments for 30 days. All comments must be submitted by Oct. 16, 2025. After reviewing public comments, the agency will determine whether to finalize this action. 

MAHA

Additional MAHA Commitments
Tyson Foods committed to stop using corn syrup in its offerings by the end of the year, the latest major food brand to try to MAHA priorities. The company removed petroleum-based synthetic dyes from its domestic branded products earlier this year with plans to remove sucralose, BHA/BHT, and titanium dioxide from its food by the end of 2025. See announcement here.

MAHA in Action
On September 27th, thousands of MAHA supporters will be rallying across the country to show support for Secretary Kennedy. Calley Means, White House Advisor for MAHA, recently posted on X about all the accomplishments made thus far noting “This is the most sweeping public health reform agenda in modern American history.” Check out the full post.

STATE UPDATES - CALIFORNIA

UPF
The California Senate has approved Assembly Bill (AB) 1264 titled the “Real Food, Healthy Kids Act” which proposes to define ultra-processed foods (UPFs) and prohibit specified UPFs from being offered in schools. AB 1264 defines UPF as those containing high levels of saturated fat, added sugar (or non-sugar sweeteners), or sodium, and including one or more additives such as artificial dyes, flavors, artificial sweeteners, emulsifiers, or thickening agents. Foods like raw agricultural products, minimally processed foods, and pasteurized milk do not fall under this definition. The state’s Department of Health would then use this definition to identify UPF “of concern,” which would be gradually removed from public schools by 2035. Criteria for identifying these foods include: whether the substance is banned, restricted, or carries warnings in other states or jurisdictions outside the U.S.; whether peer-reviewed evidence links it to health concerns and disease(s) associated with UPF consumption; whether it is hyper-palatable or may contribute to food addiction; whether the product meets the FDA’s definition of “healthy”; and whether it qualifies as a UPF due to a common natural additive. Schools must begin phasing out harmful UPFs by July 1, 2029, with complete prohibition by July 1, 2035. Vendors are required to report detailed information about food products sold to schools, and the State Department of Public Health will oversee compliance, provide training, and submit annual progress reports. The bill also encourages prioritizing California-grown and minimally processed foods in school meals. The revised bill has been sent back to the California Assembly for approval, following the Assembly's earlier passage of the original version with bipartisan support in June. If approved, AB 1264 will be forwarded to Governor Gavin Newsom for consideration.

Allergens 
On September 9th, California's SB 68—commonly referred to as the Allergen Disclosure for Dining Experiences (ADDE) Act—was approved by the State Assembly with a definitive 66–1 vote, following extensive review in the Senate and relevant committees. This approval paves the way for the bill to become law, representing the first significant U.S. legislation mandating that restaurant menus display food allergy information. Effective July 1, 2026, chain restaurants throughout California must prominently disclose major food allergens in all menu items. “Major food allergen” includes milk, eggs, fish (e.g., bass, flounder, cod), crustacean shellfish (e.g., crab, lobster, shrimp), tree nuts (e.g., almonds, pecans, walnuts), wheat, peanuts, soybeans, sesame and any ingredient containing protein from these major allergens. Major food allergens do not include highly refined oils made from the identified allergens or their ingredients and ingredients exempted via the federal Food Allergen Labeling and Consumer Protection Act of 2004. The statute applies to "restaurants and similar retail food establishments that are part of a chain with 20 or more locations operating under the same name and offering substantially identical menu options." Importantly, the law extends to any group with 20 or more locations nationwide and at least one presence in California, necessitating compliance from national brands with even a single California location.

 

 

Stay informed with our new page tracking key federal and state policies impacting food-away-from-home. Get timely updates on issues like ultra-processed food definitions and submit feedback to ensure our industry’s voice is heard.

Regulatory & Legislative Developments