- Yesterday, the New York Times reported that the FDA, in collaboration with USDA and other government agencies, plans to establish a new definition of “ultraprocessed foods” (UPFs) that will be released over the next “coming months.” The article reports that FDA will seek public comment on the definition, but it is not clear as to the regulatory pathway FDA will take in proposing a definition (e.g., rulemaking or guidance).
- The article comes the same day as FDA Commissioner Dr. Marty Makary and Dr. Vinay Prasad, director of FDA’s Center for Biologics Evaluation and Research (CBER), published “Priorities for a New FDA,” indicating that FDA has “begun work on defining ultraprocessed foods.” However, the report does not offer any timeline for agency action.
- Per the New York Times article’s quotes attributed to Dr. Makary, FDA does not seek to ban ultraprocessed foods, but rather to define them “so that markets can compete based on health.” Dr. Makary predicts that the new UPF definition will encourage food manufacturers to entice customers by touting their food products as “non-ultraprocessed.”
- FDA’s reported plans for a new UPF definition are not surprising given that the Make America Healthy Again (MAHA) Commission recently acknowledged the absence of a “single, universally accepted definition of UPFs” in its MAHA Report.
- A new UPF definition could have a broad impact on federal and state regulation. For example, it could restrict foods covered under the Supplemental Nutrition Assistance Program (SNAP) and encourage states to harmonize the patchwork of UPF definitions found in state laws, proposed and passed.
- Keller and Heckman will continue to monitor developments related to UPFs.
