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

July 25, 2025

Reading Time : 1 min

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.

Share This Insight

Previous Entries

Eye on FDA

July 25, 2025

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.

...

Read More

Eye on FDA

July 22, 2025

Dr. George Tidmarsh has been selected to replace Dr. Jacqueline Corrigan-Curay as the director of the Center for Drug Evaluation and Research (CDER) at FDA as she prepares to retire from the agency. Dr. Tidmarsh is an adjunct professor of pediatrics and neonatology at Stanford University and is credited as having been involved in the development of several approved drugs. Until late May of this year, Dr. Tidmarsh was a member of the board of directors of Revelation Biosciences, a company engaged in developing an anti-inflammatory IV therapy. Among other roles and experiences he has had, he was a founding Co-Director of Stanford’s Master of Science in Translational Research and Applied Medicine (M-TRAM) program, and founded Horizon Pharma in 2005.

...

Read More

Eye on FDA

July 16, 2025

Recently, it was reported that the U.S. Food and Drug Administration (FDA) is launching two cross-agency artificial intelligence (AI) councils. One AI council will be tasked with addressing how the agency uses AI internally and the other will focus on policy governing AI’s use in FDA-regulated products (reportedly pre-existing AI councils in various FDA divisions will continue to operate) (Politico Pro).

...

Read More

Eye on FDA

July 16, 2025

This week, the U.S. Food and Drug Administration (FDA) granted another color additive petition, approving the use of Gardenia (Genipin) in various food and beverage products. This marks the fourth naturally-derived color additive authorized for use in foods since FDA’s April announcement to phase out all petroleum-based synthetic dyes in food and transition to natural alternatives (read more here). Gardenia blue, derived from the fruit of the gardenia, a flowering evergreen, is now approved for use in sport drinks, flavored or enhanced non-carbonated water, fruit drinks and ades, ready-to-drink teas, hard candy and soft candy.

...

Read More

Eye on FDA

July 10, 2025

This morning, the U.S. Food and Drug Administration (FDA) announced the publication of more than 200 decision letters, also known as complete response letters (CRLs), with plans to release more from the archives. The CRLs released today are associated with applications for drugs and biologics submitted for approval between 2020 and 2024 that have since been approved by the agency.

...

Read More

Eye on FDA

June 26, 2025

On June 24, 2025, in a hearing before the U.S. House of Representatives Committee on Energy and Commerce, the Secretary of Health and Human Services (HHS), Robert F. Kennedy Jr. revealed that his department plans to soon launch an advertising campaign encouraging Americans to use wearable health devices. The campaign is set to be “one of the biggest advertising campaigns in HHS history.”

...

Read More

Eye on FDA

June 20, 2025

On June 17, 2025, the U.S. Food and Drug Administration (FDA) announced the Commissioner’s National Priority Voucher (CNPV) program, a new program that aims to speed up drug application review for companies aligned with U.S. national priorities. In terms of qualifying for the program, the key differentiator between this program and other “priority” review programs is that the application must support increased domestic drug manufacturing—presumably meaning that the applicant commits to manufacture the drug in the United States. The key benefit is that drug developers can redeem the vouchers to accelerate their application review time from 10-12 months to one to two months after a sponsor’s final drug application submission. The program includes enhanced communication with the sponsor and will utilize a team-based review process, in which a multidisciplinary team of FDA experts, who will prereview clinical information, gather for a one-day “tumor board style” meeting. While some of the review work is envisioned to be “front loaded” before the actual application is submitted, it is still the case that a two-month review window would be a radical acceleration of the review timeline compared to standard review times.

...

Read More

Eye on FDA

June 16, 2025

Last week, the U.S. Food and Drug Administration (FDA) released two educational videos and a supplemental fact sheet to guide dietary supplement manufacturers and distributors through the New Dietary Ingredient Notification (NDIN) review process. Under Section 413 of the Federal Food, Drug, and Cosmetic Act, manufacturers and distributors must submit an NDIN to notify FDA before marketing a dietary supplement with a new dietary ingredient. These resources offer guidance on structuring submissions and outline what to expect during the agency’s review. Ultimately, they are intended to enhance the quality of NDIN submissions and minimize common pitfalls, with the goal of avoiding delays or unfavorable results in the agency’s review.

...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.