FDA and USDA Seek Public Input to Help Define ‘Ultra-Processed Foods’ as Part of MAHA Campaign

To this end, the agencies issued a joint Request for Information (RFI) in the Federal Register on July 25 to solicit public input with the goal of establishing a federally recognized uniform definition for ultra-processed foods. This, in turn, should help provide consumers with a clearer understanding of the foods they eat and their possible links to diet-related chronic diseases.

Background

The initiative responds to growing evidence linking high consumption of so-called “ultra-processed foods” to adverse health outcomes, such as cardiovascular disease, obesity, and certain cancers. According to the RFI, two relatively recent studies report that more than half of the calories consumed by adults and children in the United States are derived from foods considered to be ultra-processed. However, the lack of a single, authoritative definition for ultra-processed foods has hindered efforts to address the public health concerns that are being associated with such foods.

The RFI follows the release of the “Make Our Children Healthy Again (MAHA) Assessment,” which claims overconsumption of ultra-processed foods is a significant contributor to the ongoing childhood chronic disease crisis. The RFI emphasizes the importance of a uniform definition to allow for consistency in research and policy involving these foods. One important issue that it raises is the widely divergent definitions that appear in proposed legislation currently being considered by several state legislatures. Thus, some consider the inclusion of such ingredients as thickeners, stabilizers, colorings, and flavoring agents, while others consider the processing steps themselves.

Request for Information

The RFI seeks public input on the factors and criteria that should be considered in deriving a federal definition of ultra-processed foods. To this end, it presents six sets of questions for which it invites comments (supported, where appropriate, by references and data). The FDA and USDA aim to ensure that the resulting definition is comprehensive, evidence-based, and suitable for application across the US food supply. Stakeholder engagement, including participation from the agricultural sector, is encouraged to ensure a balanced and practical approach.

Ongoing Research and Policy Development

In parallel with the RFI, the FDA and the National Institutes of Health are investing in what they consider to be high-quality research through the Nutrition Regulatory Science Program to further elucidate the potential health impacts of ultra-processed foods.

Implications

A uniform federal definition of ultra-processed foods is intended to facilitate consistency in research, regulatory policy, and consumer guidance. Stakeholders in the food industry, public health, and research communities should consider responding to the RFI to help contribute to the forthcoming definition and related policy initiatives.

Our team will continue to monitor developments and provide updates as they become available. Please reach out to your ArentFox Schiff attorney contact or one of the authors with questions.