Are the Kids Not Alright? MAHA Report Sparks Debate on Chemical Safety

Akin Gump Strauss Hauer & Feld LLP

The White House’s recent release of the Make America Healthy Again (MAHA) Report marks a significant moment in the national conversation around children’s health and environmental exposure.1 Published on May 22, 2025, by the MAHA Commission—an advisory body established by President Trump via executive order—the Report offers a sweeping assessment of the root causes of chronic disease in American children.2 Among the four major risks identified, the “cumulative load of chemicals in our environment” stands out for its far-reaching potential regulatory implications.3 In an administration otherwise focused on deregulation, the MAHA Report signals potential scrutiny of the food, pharmaceutical and chemical industries—sectors that may now face new regulatory or enforcement actions. See Akin’s Eye on FDA Blog for a discussion on the Report’s other identified major risks.

Chemical Exposures Highlighted in the MAHA Report

The Report identifies several sources of chemical exposure that may contribute to chronic illness in children.4 Each source has potential to become a focal point for future regulatory action, and some are already subject to ongoing regulatory reform. The Report proposes “continued studies from the public and private sectors, especially the [National Institutes of Health],” to understand how multiple chemical exposures affect children’s health.

  • PFAS: Often referred to as “forever chemicals,” per- and polyfluoroalkyl substances (PFAS) already are the subject of significant U.S. Environmental Protection Agency (EPA) regulation. The EPA has committed to upholding drinking water standards promulgated under the previous administration and it has added two PFAS (PFOA and PFOS) to the list of hazardous substances subject to the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).5 See Akin’s PFAS Press Blog for updates on PFAS regulations.
  • Microplastics: These particles, found in clothing fibers, cosmetics, tires and biomedical products, increasingly are scrutinized for their potential to disrupt endocrine and immune systems.6 Regulatory implications could extend to manufacturers across multiple sectors.
  • Fluoride: Long added to drinking water for dental health, fluoride is now under renewed examination. The Report raises concerns about overexposure and calls for updated risk assessments, potentially affecting EPA’s Safe Drinking Water Act standards. Indeed, even before the Report, EPA has committed to “expeditiously review new scientific information on potential health risks of fluoride in drinking water.”7
  • Phthalates: Common in food packaging, medical devices, synthetic fabric and personal care products, the Report links phthalates to developmental and reproductive harm. Potential regulations, including restricted use or labeling requirements, could affect manufacturers or importers of phthalate-containing merchandise across multiple sectors.
  • Bisphenols: The Report associates bisphenol (including BPA), typically used in food packaging and plastics, with hormone disruption. While consumer demand already has led to the phase out of bisphenols in some products, the Report may accelerate broader regulatory action.8
  • “Crop Protection Tools” or Pesticides: The Report links widely used herbicides in the U.S. to adverse health outcomes in children. The response from industry and political leaders has been swift and critical. Agricultural groups have denounced the Report as unscientific and harmful to American farmers.9 Republican lawmakers, notably Representative Glenn Thompson and Senator John Boozman, issued a joint statement expressing concern about the Report’s potential impact on America’s farmers and agricultural communities.10 EPA previously has stated that there is “no indication children are more sensitive” to the cited herbicides and, under the first Trump administration, the EPA considered loosening herbicide regulations.11 The Report cedes that federal government reviews of pesticide residues have found that “99% of food samples tested in 2023” were within limits set by EPA.12 According to the Report, the federal government “will continue to regularly review the safety of these important crop protection tools.”

EPA’s Response to the Report

EPA Administrator Lee Zeldin is a member of the MAHA Commission. Zeldin’s statement on the Report’s release emphasized the agency’s commitment to fulfilling its statutory obligations while supporting American industry and agriculture but did not identify any immediate regulatory actions or other next steps in furtherance of the goals of the Report or the Commission. In this context, businesses may wish to proactively engage with the agency and across the administration to further strategic opportunities that may align with the Report’s objectives.

We will continue to monitor potential environmental regulatory changes within potentially affected food, pharmaceutical and chemical sectors. Explore our EPA Deregulation Tracker for insight into other EPA rollbacks and regulatory action.


1 Make Our Children Healthy Again: Assessment, The White House (May 22, 2025), https://www.whitehouse.gov/wp-content/uploads/2025/05/WH-The-MAHA-Report-Assessment.pdf (hereinafter MAHA Report).

2 Exec. Order No. 14212, 90 Fed. Reg. 9833 (Feb. 13, 2025).

3 MAHA Report at 36–47.

4 MAHA Report at 43–45.

5 EPA Announces It Will Keep Maximum Contaminant Levels for PFOA, PFOS, EPA (May 14, 2025), https://www.epa.gov/newsreleases/epa-announces-it-will-keep-maximum-contaminant-levels-pfoa-pfos; 89 Fed. Reg. 32532 (drinking water); 89 Fed. Reg. 39124 (CERCLA).

6 EPA defines “microplastics” as “plastic particles ranging in size from 5 millimeters (mm), which is about the size of a pencil eraser, to 1 nanometer (nm).” Microplastics Research, EPA, https://www.epa.gov/water-research/microplastics-research.

7 EPA Will Expeditiously Review New Science on Fluoride in Drinking Water, EPA (Apr. 7, 2025), https://www.epa.gov/newsreleases/epa-will-expeditiously-review-new-science-fluoride-drinking-water.

8 See, e.g., 77 Fed. Reg. 41899 (banning the use of polycarbonate resins (formed, in part, by BPA) in baby bottles and sippy cups).

9 E.g., Soybean Farmers Decry Unscientific MAHA Commission Report That Ironically Will Make Americans Less Healthy, American Soybean Association (May 22, 2025), https://soygrowers.com/news-releases/soybean-farmers-decry-unscientific-maha-commission-report-that-ironically-will-make-americans-less-healthy/; Bryan Goodman, Corn Growers Deeply Troubled by MAHA Report Release, National Corn Growers Association (May 22, 2025), https://ncga.com/stay-informed/media/in-the-news/article/2025/05/corn-growers-deeply-troubled-by-maha-report-release;

10 Rep. Thompson and Rep. Boozman, Thompson, Boozman Respond to MAHA Commission Initial Assessment, House Committee on Agriculture (May 23,2025), https://agriculture.house.gov/news/documentsingle.aspx?DocumentID=7918.

11 Glyphosate, EPA, https://www.epa.gov/ingredients-used-pesticide-products/glyphosate; Richard Keigwin, Regulatory Update on the Registration Review of Atrazine, EPA (Oct. 22, 2019), https://www.regulations.gov/document/EPA-HQ-OPP-2013-0266-1260 (proposing raising concentration levels for atrazine from a 60-day average concentration of 10 parts per billion (ppb) to 15 ppb).

12 MAHA Report at 45; USDA Releases 2023 Pesticide Data Program Annual Summary, USDA, (Nov. 7, 2024), https://www.as.usda.gov/press-release/usda-releases-2023-pesticide-data-program-annual-summary.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Akin Gump Strauss Hauer & Feld LLP

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