FDA, HHS and USDA Serve Up Ultra-Processed Food RFI

Akin Gump Strauss Hauer & Feld LLP

On July 25, the U.S. Food and Drug Administration (FDA), in collaboration with the U.S. Department of Health and Human Services (HHS) and U.S. Department of Agriculture (USDA), unveiled the highly anticipated joint request for information on ultra-processed foods (UPFs). Specifically, the administration is seeking information and data to help develop a uniform definition for UPFs in the U.S. food supply.

This information request is part of the broader Make America Healthy Again (MAHA) initiative and focuses on concerns about health impacts of UPFs including links to chronic diseases such as cardiovascular disease, obesity and type 2 diabetes. The request for information (RFI) comes as several states move to advance regulations targeting food additives and UPFs.

Currently, there is no universally accepted definition of UPFs. A uniform definition is likely to serve as the foundation for future regulatory actions, including potential changes to product labeling and marketing standards.

The RFI solicits input on a range of topics, including:

  • Existing Classification Systems: What existing classifications systems or policies should be considered, and what are their strengths and limitations?
  • Ingredient-Based Criteria: How should the presence, type and proportion of ingredients influence classification?
  • Processing Methods: What physical, biological, chemical or other processes should be considered indicative of ultra-processing?
  • Terminology: Is “ultra-processed” the most appropriate term, or should alternative terminology be considered?
  • Nutritional and Other Attributes: Should factors like nutritional composition, energy density or palpability be incorporated into the definition?
  • Policy Implications: How might a standardized definition be integrated into food and nutrition policies and programs?

In addition to developing a uniform definition, FDA and the National Institutes of Health (NIH) are advancing research to investigate the health impacts of UPFs through a recently announced Nutrition Regulatory Science Program.

The RFI presents an opportunity for stakeholders to submit feedback as the administration considers policies related to UPFs. A 60-day comment period is provided, and with publication on July 25, 2025, comments are due by September 23, 2025.

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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