• On July 23, 2025, the U.S. Department of Health and Human Services (HHS), the U.S. Department of Agriculture (USDA), and the U.S. Food and Drug Administration (FDA) announced a joint Request for Information (RFI) to help the agencies establish a federal definition for ultra-processed foods (UPFs). Specifically, the agencies are requesting comments on what factors and criteria should be included within the UPF definition. The pre-publication RFI is available here and it will be published in the Federal Register on July 25, 2025.
  • Currently, there is not a single, universally accepted definition of UPFs. In its announcement, HHS said that “[a] uniform definition of ultra-processed foods will allow for consistency in research and policy to pave the way for addressing health concerns associated with the consumption of ultra-processed foods.” HHS Secretary Robert F. Kennedy, Jr. also stated that defining UPFs “with a clear, uniform standard” will further empower the agency to fulfill its mission to “Make America Healthy Again.”
  • The UPF RFI follows an announcement on May 9, 2025, that FDA and the National Institutes of Health (NIH) are launching the “Nutrition Regulatory Science Program,” which aims to “implement and accelerate a comprehensive nutrition research agenda” that will inform future food and nutrition policy actions. One of the goals of the program is to understand how and why UPFs harm people’s health. To administer the program, FDA will provide guidance on regulatory science, and NIH will provide the infrastructure for the solicitation, review, and management of scientific research.
  • A uniform definition of UPFs could have broad implications and influence future public health guidance and state or federal legislative efforts. Additionally, foods that are covered under the Supplemental Nutrition Assistance Program (SNAP) could be restricted.
  • Keller and Heckman will continue to monitor developments related to UPFs.