Defining “Ultra-Processed” Food: FDA Wants Your Input

Since 2009, the term ultra-processed food (“UPF”) has gained recognition as there have been studies that suggest a relationship between consumption of UPFs and chronic diseases.  The term frequently focuses on processing and composition without consideration of food groups and nutritional composition.  At this time, there is great uncertainty about the explanation for the relationship between consumption of UPFs and adverse health outcomes.  A standardized definition may help shed light on the underlying causes.

In May 2025, the U.S. Food and Drug Administration (“FDA”) published its FY 2026 budget request which included $49 million to be “dedicated to combating the growing risks associated with ultra-processed foods . . . .”

On July 23, 2025, the Agency and the U.S. Department of Agriculture (“USDA”) took the first step towards addressing UPFs by jointly announcing a public request for information (“RFI”).  In the press release, U.S. Health and Human Services (“HHS”) Secretary, Robert F. Kennedy, Jr., asserted that “[u]ltra-processed foods are driving our chronic disease epidemic.”  Secretary Kennedy and his administration believe that establishing a clear federal definition is key to tackling obesity, diabetes, heart disease, cancer, and even neurological disorders.

The RFI is part of a wider effort spearheaded by Secretary Kennedy who has made food reform a central pillar of the Make America Healthy Again (“MAHA”) agenda.

Why a Clear Definition Matters

Currently, there is no single, authoritative, federally codified definition of what an UPF entails in the U.S. market.  The absence of a single clear definition generates inconsistencies in policymaking and consumer guidance and understanding.  For example, the RFI mentions several states that have proposed varying definitions for “ultra-processed” food—such disparate state efforts could lead to a patchwork regulatory scheme and consumer confusion throughout the country.  A uniform definition may:

• Enable consistent public health messaging
• Encourage more focused research
• Support clearer, more informative labeling
• Inform government programs and spending on food
• Provide a foundation for future regulation or standards

What Information is Being Requested?

Many questions need to be answered when considering a definition for UPFs and it remains to be seen whether a definition can be developed without further research.

The RFI lists many questions and requests that comments include explanations and supporting evidence.

Key questions include:

• Is the term “ultra-processed” the most apt terminology?
• What measurable factors (e.g., ingredients, processing techniques) should define an ultra-processed food?
• Should the definition consider the nutritional value of the product?
• How can such definitions be applied systematically across food products?
• What implications might this definition have for nutrition programs and labeling?

Any interested parties should submit comments by September 23, 2025 at 11:59 PM EDT.