The Trump Administration’s new strategy report, "Make Our Children Healthy Again" identifies the Make America Healthy Again (MAHA) Commission’s plans to prevent chronic disease and promote better health outcomes for American children. As required by Executive Order 14212, the strategy report follows the May 2025 Make Our Children Healthy Again Assessment, in which the commission identified several potential contributing factors to chronic childhood disease in America, including poor diet, chemical exposure, lack of physical activity, and overmedicalization. Given the far-reaching impact of the MAHA Commission’s plans, it is critical that regulated businesses familiarize themselves with the strategy report to prepare for potential changes.
Eliminating Self-Affirmed GRAS
As we previously reported, in March 2025, the U.S. Department of Health and Human Services (HHS), under Secretary Robert F. Kennedy, Jr., directed the U.S. Food and Drug Administration (FDA) to explore rulemaking to eliminate the self-affirmed generally recognized as safe (GRAS) pathway – a regulatory pathway that permits companies to independently determine the regulatory status of a food additive based on whether it meets the FDA’s definition of GRAS (generally recognized, among experts qualified by scientific training and experience to evaluate its safety, to be safe under the conditions of its use). This directive came after the FDA revoked the authorization for the use of FD&C Red No. 3 in food and ingested drugs and makes up part of the Administration’s broader focus on restricting food chemicals. Despite Kennedy’s directive, the FDA has not yet initiated rulemaking to eliminate the self-affirmed GRAS pathway.
Now, the strategy report affirms that the FDA “will update regulations to reform the GRAS designation, within the scope of statutory authority, by closing the ‘GRAS loophole.’” The strategy report also pledges to implement a “mandatory GRAS notification program” and “increase consumer transparency” for substances in the nation’s food supply; however, additional details on these points are not provided. Though the self-affirmed GRAS pathway currently remains a viable option for industry, companies should monitor for future rulemaking and closely watch how this may impact ingredients that are currently marketed using this pathway.
Dietary Guidelines for Americans and Front-of-Pack Labeling
We previously reported that HHS and the U.S. Department of Agriculture (USDA) were accepting public comments on the draft 2025–2030 Dietary Guidelines for Americans (DGAs), which serve as the cornerstone of federal nutrition programs and inform federal agencies’ approaches to health-related initiatives. That public comment period is now closed, and the final DGAs are still forthcoming.
Now, the strategy report indicates that HHS and the USDA will update the forthcoming DGAs to prioritize “science, data, and health recommendations in a concise, user-friendly format” and reform the development processes for future DGAs, including the structure and members of the advisory committee and the scientific review process. The strategy report does not provide an estimated timeline for release of the 2025–2030 DGAs.
The strategy report also states that the FDA will use the input received during the DGA public comment period to inform potential updates to its January 2025 Front-of-Pack Nutrition Information rulemaking, and pledges that the FDA will “work toward development of a potential Front-of-Pack Nutrition Information final rule.” Companies can expect further revisions to the FDA’s proposed front-of-pack nutrition panel before issuance of a final rule.
Marketing and Advertising Practices
The strategy report pledges that HHS, the Federal Trade Commission, and any other relevant agencies will explore potential industry guidelines to limit the direct marketing of “certain unhealthy foods to children.” The agencies plan to evaluate the use of misleading claims and imagery in marketing materials.
Accompanying this plan are pledges to foster collaboration with the private sector to improve access to whole, healthy foods in government-funded nutrition programs and meals (including in school meals) and to foster “community-led initiatives” related to healthy eating and nutrition education.
Other Issues
Food dyes
Consistent with prior announcements, the strategy report outlines plans to limit or prohibit the use of FD&C certified colors “in all food products approved in the U.S.,” with a particular focus on school lunches. As part of this, HHS and the USDA will develop research and policies to support production of plants used as “natural” color sources, and the FDA will continue to expedite review and approval of “natural” color additives. The FDA will also explore ways to provide greater flexibility in the use of “no artificial color” and other labeling claims.
Infant formula changes
Earlier this year, the FDA published a request for information seeking public comment on new information that may warrant changes to the identities and levels of required nutrients in infant formula. Now, the strategy report indicates that the FDA plans to “modernize” nutrient requirements and increase testing for heavy metals in infant formula. The FDA also plans to “encourage” companies to develop new infant formulas.
Supplemental Nutrition Assistance Program (SNAP)
Following the Trump Administration's previous efforts to approve SNAP waivers – which have granted states the ability to restrict SNAP eligibility for certain foods – the strategy report promises to “provide states with technical assistance” in SNAP waiver development and implementation to “reorient the program towards better nutrition.”
Agency restructuring
As part of a March 2025 announcement, HHS stated that it would consolidate 28 HHS divisions that contain redundant units into 15 new divisions, including a new Administration for a Healthy America (AHA) that would centralize and help coordinate public health efforts. The strategy report now clarifies that AHA will coordinate and lead the federal government’s response to the chronic disease crisis “through integrated prevention-focused programs and streamlined accountability for related programs.” In collaboration with the National Institutes of Health, FDA, and USDA, AHA is also poised to spearhead nutrition research and conduct ingredient assessments.
Alcohol education and awareness
The strategy report promises that the surgeon general will launch an “education and awareness initiative” on the impact of alcohol, controlled substances, vaping, and THC on children’s health. Although the details of this new initiative remain to be seen, this appears to build on a previous surgeon general's advisory on alcohol consumption.
What Industry Should Do Next
The MAHA Commission’s strategy report outlines the Trump Administration’s ambitious plan to tackle pervasive health issues across the country. In response, companies should ensure that their practices comply with all existing laws and regulations and prepare for potentially significant changes to regulatory requirements and agency expectations.
Our Food & Beverage Team, which provides regulatory and litigation services to our clients, will continue to monitor the Administration’s implementation of the strategy report.
If you have any questions, or would like additional information, please contact one of the attorneys on our Food & Beverage team.
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