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

November 5, 2025

Last week, FDA released draft guidance titled “Scientific Considerations in Demonstrating Biosimilarity to a Reference Product: Updated Recommendations for Assessing the Need for Comparative Efficacy Studies.” This draft guidance reflects an evolution in FDA’s approach to determining whether a comparative clinical study with efficacy endpoints (a comparative efficacy study or CES) is necessary to support a demonstration of biosimilarity. Specifically, the agency notes that a comparative analytical assessment (CAA) is generally more sensitive when it comes to detecting differences between products than a CES.

...

Read More

Eye on FDA

October 27, 2025

On October 23, 2025, FDA released its final guidance regarding Patient-Focused Drug Development: Selecting, Developing, or Modifying Fit-for-Purpose Clinical Outcome Assessments. The guidance is the third guidance in a four-part series of FDA guidance focused on patient-focused drug development (PFDD) that describe how stakeholders, such as patients, caregivers, researchers, medical product developers and others can submit patient experience data and other relevant information that can be used for medical product development and regulatory decision making.

...

Read More

Eye on FDA

October 23, 2025

On October 16, 2025, the Food and Drug Administration (FDA) unveiled the first group of nine voucher recipients under the Commissioner’s National Priority Voucher (CNPV) pilot program, a program announced by the agency earlier this year that provides a path for accelerated drug review for companies supporting national interests as determined by the Commissioner. The identified areas of priority by the agency include meeting large unmet medical needs, bolstering domestic manufacturing and increasing the affordability of medicines for American patients. As previously noted, the new program, which is not defined in statute or regulations, aims to significantly speed up FDA’s standard 10-12 month review timeline to just 1-2 months after filing an application for a drug or biologic. The agency has touted the  benefit of recipients of the vouchers receiving enhanced access with FDA review staff and a “team-based review” model.

...

Read More

Eye on FDA

October 9, 2025

On September 30, 2025, the Food and Drug Administration (FDA) published a Request for Public Comment to obtain feedback from interested parties on current approaches to measuring and evaluating the performance of AI-enabled medical devices. Specifically, FDA is seeking feedback on best practices, methodologies and approaches for measuring and evaluating real-world performance of AI-enabled medical devices from the public.

...

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.