FDA and USDA Call for a Definition of Ultra-Processed Foods

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On July 23, 2025, the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) announced a joint Request for Information (RFI) to gather information and data to help establish a federally recognized uniform definition for ultra-processed foods (UPFs). Specifically, the Agencies are seeking information on what factors and criteria should be included in a definition of ultra-processed foods. According to U.S. Health and Human Services Secretary Robert Kennedy, "[u]ltra-processed foods are driving our chronic disease epidemic… Defining ultra-processed foods with a clear, uniform standard will empower us even more to Make America Healthy Again."

The effort to define this category of foods comes in response to growing evidence that diets high in UPFs are linked to chronic diseases such as cardiovascular disease, obesity, and diabetes. Both Agencies cite concerns that these foods, which comprise a significant portion of the American diet, may negatively affect long-term health.

In addition to developing a uniform definition of UPFs, the FDA and National Institutes of Health are supporting research through the newly launched Nutrition Science Regulatory Program to better understand the ways in which UPFs contribute to diet-related chronic diseases. This research aims to answer several questions, including how certain food additives might affect metabolic health and possibly contribute to chronic disease.

Manufacturers and distributors of food products should consider responding to the RFI. Engaging early in this process can help ensure that the final definition of UPFs is both practical for implementation and reflective of the production realities across the food sector. We are closely tracking ongoing developments from the FDA concerning ultra-processed foods and the regulation of food additives.

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.

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