Law & Policy Active Updated Aug 11, 2026
The FDA's ultra-processed food fight
HHS Secretary Robert F. Kennedy Jr. has called ultra-processed foods poison, but the FDA told industry it won't ban them and is struggling to even define the category, even as ultra-processed foods make up 55% of Americans' calories and 67% of children's. The fight is whether the administration moves beyond rhetoric toward an actual regulatory definition and rule.
The story so far
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Aug 11, 2026 Latest
The FDA proposed a rule ending the self-affirmed GRAS pathway that let companies clear new food ingredients without notifying the agency, while delaying a formal ultra-processed food definition. Acting commissioner Kyle Diamantas said the change closes critical information gaps, and 967 companies are expected to submit information on already self-affirmed ingredients once the rule opens a 120-day public comment period on August 11.
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Jul 20, 2026
FDA acting deputy commissioner for food Donald Prater told industry the agency's role is not to ban ultra-processed food, and the agency acknowledged that defining the category is challenging, even as Secretary Robert F. Kennedy Jr. has called such foods poison. Ultra-processed foods make up 55% of Americans' calories and 67% of children's, and 79% of consumers call them a significant threat to public health.
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