Food regulation update November 17: The latest on MAHA and related developments

CHICAGO, November 17, 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

Government Shutdown

After 43 days of the shutdown – the longest in history, the government has finally reopened. With this, government food assistance programs will resume. SNAP beneficiaries will receive the funding they’ve been missing, with SNAP coverage being protected through September 2026. Most states will get the funds to distribute benefits “within 24 hours,” USDA spokesperson Alec Varsamis said. In addition, this bill funds USDA and the FDA for the full fiscal year which will support USDA research programs and mandatory livestock price reporting. In addition, the bill provides for the reauthorization of the United States Grain Standards Act of 2025, which lapsed on September 30th. Provisions relating to grain standards include enhancements aimed at improving the transparency and efficiency of grain inspection processes, as well as the integration of advanced grain processing technologies.

MAHA

MAHA Institute Meeting

The MAHA movement took a decisive step into the policy mainstream this week. At the Waldorf Astoria in Washington, D.C., the MAHA Institute hosted a high-profile summit featuring Vice President Vance and HHS Secretary Kennedy signaling the movement’s growing influence in national health discussions. In addition, NIH Director Jay Bhattacharya discussed agency transformation with Deputy Director Nicole Kleinstreuer, moderated by former Kennedy adviser Calley Means while FDA Commissioner Marty Makary addressed the future of the FDA with Deputy Commissioner Kyle Diamantas, moderated by biohacking founder Dave Asprey. The full agenda can be found here. Although not broadly communicated leading up to the event, this one-day event appeared to be a closed-door meeting with an invite-only guest list.

The event, billed as the “Official MAHA Summit,” drew a diverse crowd of federal health officials, biotech executives, wellness entrepreneurs, and digital health influencers. On full display was the support of the White House and alignment to the MAHA agenda. Much of the discussion related to food was focused on celebrating “MAHA wins” including removal of dyes and additives through state and industry actions while being able to educate consumers on our food supply. And of course, ultra-processed foods were front and center with the amount and volume being consumed as the major driver of chronic disease. The majority of the meeting was closed to the press, however its main session - a fireside chat between Vance and Kennedy — was widely reported and sparked debate about the evolving relationship between government, science, and the wellness industry. The presence of the vice president and HHS secretary lent the proceedings an air of legitimacy and strategic importance.

In his remarks, Vice President Vance praised the MAHA movement as “an incredible part of the national agenda,” positioning it as a cornerstone of the administration’s broader health vision. He drew sharp lines between what he called “establishment medicine” and individual choice. In his remarks VP Vance stated, “You know, one of the criticisms that Bobby will always get — and I always think it’s such BS, excuse my language — is when people say, well, this or that conclusion is not supported by the science. Or this or that conclusion is a conspiracy theory. Science as practiced in its best form is that if you disagree with it, then you ought to criticize it and you ought to argue against it, but you can’t shut down the debate. As we found out the hard way over the last few years, it was very often the people who were outside the Overton window who were actually right — and all the experts were wrong.” In addition, during the dialogue VP Vance noted we need to start paying attention to what we’re putting in our bodies. “We do really have an obesity epidemic in the United States of America. I think a big part of that is not asking where our food comes from. We really do have medications that I don’t think are solving the chronic disease epidemic — hell, some of them maybe are even causing the chronic disease epidemic. We’ve got to be asking more critical questions about what we’re putting into the bodies of our kids, and I don’t think we were doing that until this movement came along.” Kennedy, long an advocate of decentralized health policy and nutritional reform, focused on empowering consumers to take ownership of their health decisions. Together, their comments reflected a shared skepticism toward traditional public health institutions — a theme that has defined MAHA’s messaging since its inception.

Spotlight on MAHA Focused Bills 

Federal S561 – Healthy SNAP Act of 2025; Bill Summary: Senator Mike Lee’s February 2025 bill amends the Food and Nutrition Act of 2008 to refine and improve the Supplemental Nutrition Assistance Program (SNAP) by establishing more specific guidelines for food eligibility. The bill requires the Secretary of Agriculture to designate, within 180 days of enactment, specific foods and food products that can be purchased through SNAP benefits, with a focus on nutritional value. When making these designations, the Secretary must consider foods that address nutrient deficiencies in the U.S. population, promote health, and reflect public health concerns and cultural eating patterns. The bill explicitly excludes certain items from SNAP eligibility, such as alcoholic beverages, tobacco, soft drinks, candy, and prepared desserts. The Secretary is required to periodically review (at least every few years) the designated foods using the most recent scientific knowledge and can update the list to reflect evolving nutrition science and health needs. Additionally, the bill allows state agencies to substitute designated foods with culturally equivalent alternatives, with the Secretary's approval, to ensure the program remains flexible and responsive to diverse dietary practices. The overall goal is to make SNAP a more health-conscious and nutritionally strategic food assistance program. Status: In committee.

Washington HB1340 

Exempting prepared food from sales tax. Bill Summary: This bill amends the existing Washington state sales tax law to exempt prepared food from sales tax. Specifically, the legislation modifies RCW 82.08.0293 to include prepared food within the definition of "food and food ingredients," which are generally exempt from sales tax. Previously, prepared food was explicitly excluded from the tax exemption for food and food ingredients. The bill retains existing exclusions for alcoholic beverages, tobacco, and cannabis products, and continues to exclude soft drinks, bottled water, and dietary supplements from the food tax exemption. By including prepared food in the tax-exempt category, the bill aims to reduce the tax burden on consumers purchasing ready-to-eat meals and food items. The legislation also includes a technical section stating that certain standard legislative evaluation requirements do not apply to this act. This change could potentially make prepared food more affordable for consumers and simplify the sales tax classification for food-related businesses in Washington state. Status: In committee.

STATES

New York

A new law S5381A advocated by Senator Harckham and now signed by the Governor will bring safety measures to those living with food allergies in New York. The new law which will go into effect in one year requires every food establishment to label all prepackaged food with a written notification on the package or on a label attached to the package identifying any ingredient with which a product is made that constitutes a major food allergen.

New York City

Warning icons have begun appearing on menus at chain restaurants in New York City. Pursuant to a regulation effective October 2025, chain restaurants with at least 15 locations must display a warning icon next to menu items containing 50 grams or more of added sugar. The "Sweet Truth Act" is designed to inform consumers of the potential health risks associated with excessive sugar intake. Enforcement will commence on January 1, 2026, with noncompliant establishments subject to a $200 fine. This rule primarily applies to products such as sugar-sweetened beverages and desserts for which Nutrition Facts labels are available. Click here for more information.