Food regulation update August 21: The latest on MAHA and related developments

CHICAGO, August 21, 2026 – The following is 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.

HHS

Regulatory Agenda

HHS has released its latest semi-annual regulatory agenda, outlining rulemaking priorities across the department and reflecting the Trump administration's MAHA agenda. For food and nutrition, the most significant item is FDA's Front-of-Package (FOP) Nutrition Labeling rule, which remains at the final-rule stage and is currently targeted for December 2026.

According to HHS, "Front-of-package nutrition labeling is intended to complement the Nutrition Facts label on packaged foods by giving consumers additional context to help them quickly and easily identify foods that can help them build a healthy eating pattern. This rule would also amend certain nutrient content claim regulations to align with current nutrition science and ensure consistency in labeling." The FOP proposal would require certain nutrition information to appear prominently on the front of packaged foods, complementing the Nutrition Facts panel and helping consumers more quickly evaluate foods as part of a healthy dietary pattern. FDA issued the proposed rule in January 2025 and completed an extended public comment period in July 2025.

More broadly, HHS explicitly frames the regulatory agenda around Secretary Kennedy and the administration's priorities, including addressing chronic disease and obesity. The agenda states that upcoming regulatory actions are intended to advance the administration's MAHA goals. Notably, the Federal Register document itself contains a relatively limited list of food-specific actions. Several other major food-policy initiatives currently underway, including mandatory GRAS notification and development of a definition of ultra-processed foods are not detailed in this particular Federal Register agenda notice. The document notes that the printed agenda includes only certain rulemakings required under the Regulatory Flexibility Act, while HHS's complete regulatory agenda is maintained through RegInfo.gov. Bottom line: The agenda reinforces that nutrition and chronic disease remain central HHS policy priorities, with FOP nutrition labeling positioned as a major FDA regulatory action to watch before the end of 2026.

Cooking Grant

HHS's Office of Disease Prevention and Health Promotion has opened a new funding opportunity to support a nationwide cooking and nutrition education initiative aligned with the new Dietary Guidelines for Americans. The notice anticipates approximately $9 million in total funding, with three awards of about $3 million each, although the grant listing separately notes a $10 million award ceiling. Recipients would be expected to conduct at least 600 community cooking demonstrations across 40 geographic locations over 15 weeks. The initiative is designed to build practical cooking skills and nutrition literacy, including how to use the Nutrition Facts panel and prepare minimally processed, nutrient-dense foods. Priority will be given to rural and suburban communities with higher rates of diet-related chronic disease or limited access to affordable healthy foods. HHS also encourages partnerships with grocery retailers and other community organizations that can help improve access to healthier food options.

FDA

Nominated Commissioner

President Trump has selected Dr. Heidi Overton, currently deputy director of the White House Domestic Policy Council, to serve as the next FDA Commissioner, according to multiple reports. The nomination would require Senate confirmation. Overton is a physician who previously worked at the America First Policy Institute and has been closely involved in health policy within the White House. She received her medical degree from the University of New Mexico, completed general surgery training at Johns Hopkins, and pursued clinical investigation research training at the Johns Hopkins Bloomberg School of Public Health. If confirmed, Overton would succeed former Commissioner Marty Makary, who resigned in May. Acting Commissioner Kyle Diamantas has led the agency since Makary's departure.

Senate confirmation could present an early hurdle for Overton's nomination. Senate HELP Committee Chair Bill Cassidy has raised concerns about her involvement in the Administration's recent changes to childhood vaccine recommendations, as well as other expressing concern over the Administration's position on glyphosate. The leadership change comes at a consequential time for FDA, with significant initiatives underway across food and nutrition policy, including GRAS reform, development of a definition for ultra-processed foods, food labeling, ingredient oversight and implementation of the Administration's broader MAHA agenda. Overton's nomination and eventual confirmation process will be important to watch for indications of how these priorities may evolve under new FDA leadership.

Naturally Derived Color Petitions

Naturally Derived Color Petitions - FDA has announced three new color additive petitions involving gardenia blue, safflower extract and carrot oil, marking a notable step in the agency's effort to expand alternatives to synthetic food dyes. These are the first three industry petitions for expanded uses of color additives in human foods since FDA announced its planned phaseout of petroleum-based synthetic dyes in April 2025. The petitions align with FDA's 2026 Human Foods Program priorities, which specifically call for expediting the review of new natural color alternatives and providing industry guidance on their development. Below are overviews of the color petitions.

Gardenia blue: A petition submitted by Exponent on behalf of the Gardenia Blue Interest Group seeks to significantly expand the permitted uses of gardenia (genipin) blue, which FDA first authorized for certain foods in July 2025. The proposed expansion would allow use at levels consistent with good manufacturing practice in additional applications including beverages, confectionery, dairy products, desserts, snack foods and chewable tablets. The petition also proposes lowering the arsenic specification from 2 ppm to 1 ppm. If approved, the expanded uses could increase the versatility of gardenia blue as manufacturers seek alternatives to synthetic blue colors.

Safflower extract: A petition submitted by Exponent on behalf of GNT USA seeks authorization for safflower extract across a broad range of foods, including beverages, chewing gum, breakfast cereals, dairy products, desserts, candy, salad dressings and soup broths. Interestingly, safflower has a regulatory history in the U.S. as FDA provisionally listed it as a color additive exempt from certification in 1962 before the authorization was terminated in 1964. The new petition would require FDA to evaluate safflower extract under today's color additive safety standards.

Carrot oil: The International Association of Color Manufacturers petitioned FDA to amend the existing carrot oil regulation to permit acetone as a solvent in its manufacture. Carrot oil is already authorized as a color additive exempt from certification and may be used to color foods generally at levels consistent with good manufacturing practice. The petition therefore differs from the other two: it is not seeking authorization of an entirely new color use, but rather a change to how an already permitted color may be produced. The petition also proposes new heavy metal specifications and additional names for carrot oil.

These three filings are important because the availability of suitable alternatives remains a major practical challenge as companies make voluntary commitments to eliminate synthetic colors. The filings also illustrate an important regulatory distinction: "natural" colors are not automatically permitted for use in foods. Color additives generally require FDA premarket approval for their intended uses, regardless of whether they are derived from natural or synthetic sources. The petitions provide an early indication that FDA and industry are beginning to build out the regulatory pathway needed to support the Administration's transition away from synthetic dyes. The pace at which FDA reviews and authorizes these and future petitions will be important to watch as manufacturers work toward reformulation commitments and implementation timelines.

USDA

Regulatory Agenda

USDA has released its 2026 semi-annual Unified Regulatory Agenda, outlining regulatory actions across the department, including several with implications for food labeling, nutrition assistance programs and the food industry. USDA notes that the projected dates in the agenda are estimates and should not be considered firm commitments.

National Bioengineered Food Disclosure Standard — USDA's Agricultural Marketing Service (AMS) is moving forward with revisions to the National Bioengineered Food Disclosure Standard following the October 2025 Ninth Circuit decision in Natural Grocers et al. v. Rollins. The rulemaking is intended to address deficiencies identified by the court in USDA's 2018 final rule establishing the national mandatory bioengineered food disclosure requirements. USDA projects release of the proposed rule in August 2026. Read additional details below in the highlighted section.

SNAP retailer stocking standards

USDA lists the Updated Staple Food Stocking Standards for Retailers in SNAP at the final-rule stage. The rule is intended to update requirements governing the variety and quantity of staple foods that SNAP-authorized retailers must stock, making it particularly important for retailers participating in the program. A projected release date is not provided in this abbreviated agenda; USDA refers readers to the broader Regulatory Plan for additional information.

SNAP program integrity — USDA is also developing a proposed rule focused on strengthening program integrity and reducing retailer fraud in SNAP. The action remains at the proposed-rule stage. As with the stocking standards, the abbreviated agenda does not provide a projected release date and instead identifies the action as part of USDA's broader Regulatory Plan.

WIC modernization — A final rule addressing WIC online ordering, transactions and food delivery is also on USDA's agenda. The initiative is intended to modernize how WIC participants access and purchase eligible foods and support a more data-driven program. The rule is currently at the final-rule stage, although a projected release date is not included in the abbreviated agenda.

Olive oil promotion and research

USDA is considering an Olive Oil Promotion, Research, and Information Order that would establish an industry-funded program to support research, promotion and consumer education about olive oil, including efforts to address inaccurate or misleading information among consumers, health professionals, culinary professionals and the media. Domestic first handlers and importers handling more than 5,000 gallons annually would be assessed $0.08 per gallon, generating an estimated $8 million or more annually. The agenda lists the proposed rule for July 2026 and a final rule for August 2026.

Organic standards — USDA continues to list the proposed rescission of National Organic Program regulations establishing specific production and handling standards for organic mushrooms and pet food as a long-term action. The rescission was proposed in May 2025, but USDA currently lists the timing of a final rule as "to be determined."

Overall, the agenda signals continued activity across food labeling and federal nutrition assistance programs. The agenda also underscores that these timelines are estimates and that omission of an action does not carry legal significance.

Bioengineered Food Labeling

USDA will need to rewrite its National Bioengineered Food Disclosure Standard by 2028 following a federal appeals court ruling challenging key exemptions in the current labeling requirements. The court upheld a lower court finding that USDA improperly exempted highly refined ingredients, such as certain oils and sugars derived from bioengineered crops, from disclosure requirements. These ingredients are commonly found in ultra-processed foods but have historically been exempt because processing may leave no detectable modified genetic material. The court also found that companies cannot rely solely on QR codes to meet bioengineered food disclosure requirements. The ruling does not necessarily mean that every highly refined ingredient derived from a bioengineered crop will require disclosure. USDA may still have flexibility to establish standards based on whether modified genetic material is detectable. However, the required rewrite could significantly expand the number of processed foods subject to bioengineered labeling requirements. USDA had requested until 2029 to complete the new rulemaking, but the court denied the extension, keeping the deadline of 2028.

SNAP Purchases Report

USDA's Food and Nutrition Administration has released a new report examining food-at-home purchases by SNAP households and comparing their purchasing patterns with non-SNAP households using 2023 data. The analysis found that SNAP households devoted a smaller share of food-at-home spending on fresh fruits and vegetables than non-SNAP households, while spending a larger share on categories including carbonated soft drinks, frozen meals, processed meats and juices. At the same time, the overall purchasing patterns of SNAP and non-SNAP households showed many similarities, with both groups allocating substantial shares of their food spending to categories such as dairy, eggs, fresh produce, prepared meals and carbonated beverages.

Importantly, the analysis looks at all food-at-home purchases made by SNAP households, not only purchases made with SNAP benefits. Because SNAP benefits are combined with households' other food spending, USDA notes that the findings can serve as a proxy for understanding how SNAP benefits may be distributed across food categories rather than identifying precisely which foods were purchased with SNAP dollars. The findings are also generally consistent with USDA's earlier analysis of SNAP household purchases using 2011 data, suggesting that many purchasing patterns have remained relatively stable over time. The new report is particularly timely as federal and state policymakers continue to focus on nutrition within SNAP, including state waivers restricting purchases of certain foods and beverages and federal efforts to strengthen access to healthier foods.

Child Nutrition Toolkit

USDA's Food and Nutrition Administration has launched a centralized online Food Industry Toolkit to help companies that supply foods to school meal programs, the Child and Adult Care Food Program and the Summer Food Service Program. The new resource hub brings Team Nutrition materials together in one location, making it easier for both new and existing industry partners to navigate Child Nutrition labeling, Product Formulation Statements, meal-pattern crediting, alternate protein products, nutrient data and other requirements. The toolkit is designed to help companies understand how their products can contribute toward program requirements and the documentation needed to support their use in USDA Child Nutrition Programs.

STATES

New York

A new New York law will require food establishments to identify major food allergens on foods that are prepared, packaged and sold on the same premises, addressing a gap in federal labeling requirements. Signed by Governor Kathy Hochul, the law (S.5381/A.6558A) applies to prepackaged foods sold at establishments such as cafeterias, delis, bakeries, sandwich shops, food trucks and ice cream parlors. Packages will need to identify ingredients that are major food allergens, including the nine major allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. The requirements do not apply to unpackaged foods or foods packaged after customers place an order. The legislation is intended to close a gap between federal requirements for packaged foods and foods prepared and prepackaged for sale within the same establishment. According to lawmakers, nearly two million New Yorkers are living with food allergies. The law takes effect in 2026.

Other News

SNAP Report

A new Food Research and Action Center report called SNAP: An Evidence-Based Program to Improve Food Security, Health, and Well-Being reviews the latest research on SNAP's role in supporting nutrition, physical and mental health, cognitive development, health care utilization and costs across the life course. The report also examines recent policy changes, including H.R. 1 ("One Big Beautiful Bill Act"), state restrictions on SNAP food purchases, and the loss of national food security surveillance. Overall, FRAC concludes that strengthening SNAP can improve health and food security while reducing long-term public costs, whereas policies that restrict benefits or weaken program administration may increase food insecurity and contribute to poorer health outcomes and greater health disparities.

Lawsuit

The Physicians Committee for Responsible Medicine (PCRM) has filed a federal lawsuit challenging the process used by HHS and USDA to develop the 2025–2030 Dietary Guidelines for Americans. The complaint, filed August 19 in the U.S. District Court for the District of Columbia, alleges that the Administration conducted a "procedural bait and switch" by relying on a separately assembled panel of scientists to develop supplemental recommendations after the 2025 Dietary Guidelines Advisory Committee (DGAC) had completed its scientific review. PCRM argues that this supplemental panel functioned as a federal advisory committee but did not comply with Federal Advisory Committee Act (FACA) requirements related to transparency, public meetings, records, ethics and balanced representation. The lawsuit also alleges violations of the Administrative Procedure Act and raises concerns about panel members' reported ties to meat and dairy interests. By contrast, the formal 2025 DGAC was established under FACA, with members nominated through a public process and its scientific review conducted through public meetings and opportunities for public comment.

The lawsuit asks the court to withdraw the current Guidelines, prevent HHS and USDA from relying on them in future policy decisions, and require the agencies to develop new Guidelines through a FACA-compliant process. The challenge could have broader implications because the Dietary Guidelines serve as a foundation for federal nutrition programs and policies. The timing is also noteworthy for industry. USDA is currently developing a proposed rule to align Child Nutrition Programs with the 2025–2030 Guidelines, and that rule is undergoing OMB review. Any successful challenge affecting the government's ability to rely on the Guidelines could therefore have implications beyond consumer dietary advice and potentially affect policies that incorporate the DGA. PCRM previously challenged the 2020–2025 Dietary Guidelines, but that case was dismissed in 2023 after the court concluded that the Guidelines did not constitute final agency action for purposes of its Administrative Procedure Act claims.