The Make America Healthy Again Commission released the Make Our Children Healthy Again Strategy (“MAHA”) Report on September 9, 2025. The MAHA Report includes more than 120 initiatives intended to “pursue rigorous, gold-standard scientific research to help ensure informed decisions that promote healthy outcomes for American children and families, as well as drive innovative solutions.” The MAHA Commission is chaired by U.S. Health and Human Services (“HHS”) Secretary Robert F. Kennedy Jr. and has been tasked by President Donald J. Trump to “investigate and address the root causes of America’s escalating health crisis, with a focus on childhood chronic diseases.”

The Report – which constitutes the Commission’s goals and does not constitute regulation – contains a number of ideas for broad changes that could be made to the food industry. Policy reforms specifically proposed include:

• Petroleum-Based Food Dyes – Limiting or prohibiting the use of petroleum-based food dyes (FD&C certified colors) in all food products approved in the U.S. FD&C certified colors are synthetic dyes approved by the U.S. Food and Drug Administration (FDA) for use in food, drugs, and cosmetics, indicated by the “FD&C” designation. The MAHA Report supports the use of natural and/or plant-based color sources. References are made to the FDA, USDA, and HHS working to develop policies to support the review of such sources. Notably, the FDA revoked its authorization for the use of Red Dye No. 3 in food and ingested drugs on January 15, 2025.
• Post Market Review of Chemical Additives in Food – The Report directs the FDA to continue to develop an “enhanced evidence based systematic process for the post-market assessment of chemicals in food.”
• Ultra-Processed Foods (“UPF”) – “The USDA, HHS, and FDA are directed to continue efforts to develop a definition of UPF in order to guide future policies targeting these foods.”
• Nutrition Labeling – The FDA is directed to “consider” revisions to proposed Front-of-Pack Nutrition Information rulemaking in its development of its Final Rule.
• GRAS Reform – Secretary Kennedy is a longtime critic of the Generally Recognized as Safe (“GRAS”) system. Under sections 201(s) and 409 of the Federal Food, Drug, and Cosmetic Act (the Act), any substance that is intentionally added to food is a food additive, and is subject to premarket review and approval by the FDA, unless the substance is generally recognized, among qualified experts, as having been adequately shown to be safe under the conditions of its intended use, or unless the use of the substance is otherwise excepted from the definition of a food additive. The Report directs the FDA to update regulations to close the “GRAS loophole,” implement a GRAS notification program, and “increase consumer transparency with respect to substances found in our nation’s food supply.” The “GRAS loophole” is not defined in the Report, but proponents of the MAHA movement refer to the GRAS system – which permits companies to self-affirm that an ingredient is safe based on their own assessments, scientific, and safety reviews, without notifying the FDA – is, in and of itself, a “loophole.” Notably, in order to eliminate the “GRAS loophole,” the FDA would have to undergo formal rulemaking to amend GRAS regulations found at 21 CFR 170.30 and, presumably, require food companies to notify the FDA and provide safety data before introducing a new food additive. With these proposed changes, all new additives would require FDA approval. The formal rulemaking process has been significantly impacted by President Trump, who issued an Executive Order on February 6, 2025 that requires 10 regulations or guidance documents to be withdrawn for every one new regulation or guidance document that is published. Further, in March 2025, Secretary Kennedy significantly changed the way that notice and comment rulemaking may proceed. Layoffs at the FDA, combined with the Executive Order and Rule above, may complicate MAHA’s own efforts from within.
• Food Allergies – Broad statements are made relating to the FDA’s recommendations about requiring “transparency in disclosures of ingredients that impact certain health conditions” such as gluten for those with Celiac disease.” Specific implications of this directive are not clear, as allergen guidelines from the FDA are well-established.

It is unclear when or how the Report’s proposals will be implemented, particularly amid administrative upheaval at the FDA, USDA, and other agencies. Layoffs and restructuring under the Department of Government Efficiency, followed by the recent rehiring of some employees, have hindered agencies’ ability to carry out basic operations and implement President Trump’s policy agenda.

Barley Snyder is actively monitoring the development of laws and regulations stemming from the MAHA Report. If you need assistance with the requirements under any new laws or have questions relating to their impact on your business, please reach out to Catherine T. Begley, Timothy G. Dietrich, or any member of Barley Snyder’s Food & Agribusiness Industry Group for assistance.