New Administration Outlook: Four Food Industry Insights, From RFK to FDA and SNAP to Tariffs

With the confirmation of Robert F. Kennedy Jr. as secretary of Health and Human Services, as well as Brooke Rollins as secretary of the Department of Agriculture, key leadership impacting the nation's food supply is changing quickly. On Tuesday, FDA's deputy commissioner for human foods reportedly resigned abruptly following weekend layoffs impacting the agency. As the regulatory landscape evolves, here are four insights based on what we know right now:

Ingredient Targeting

Prior to the election, then-candidate Trump said that he would let Kennedy "go wild on the food." Riffing off his boss's slogan, Kennedy has espoused his intent to "Make America Healthy Again," and recent comments from Rollins suggest that she is aligned with key parts of Kennedy's "MAHA" initiatives. In a post-confirmation interview in mid-February, Kennedy elaborated on his intentions. Specifically, Kennedy promised to bring about "radical transparency" in informing consumers about food ingredients and their health effects (while also promising to rely on "good science" in various respects) but did not say that he would seek bans on particular food ingredients.

As many readers know, however, FDA revoked the food additive authorization for Red Dye No. 3 in mid-January in response to a 2022 petition (a move preceded by a public meeting on assessing chemicals in the food supply, a discussion paper on point, and a database inventory of food ingredients that the agency determined are unapproved food additives). While FDA still allows six other synthetic dyes to be used in foods, these would be obvious targets for further review. Also, in 2024, California passed the California School Food Safety Act, which prohibits six synthetic dyes in school lunches due to health concerns, including Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3. Many companies will already be reformulating products to comply with that requirement but should also keep an eye out for related developments at the federal level consistent with the work that FDA has been doing on this issue and with the new administration's stated priorities.

And speaking of school lunches…

Lunch Time

Although FDA does not administer the school lunch program, in a post-confirmation interview, Kennedy voiced his concern about potential links between ultra-processed foods and sugary drinks and foods that are included in the school lunch program that are also available to participants in the Supplemental Nutrition Assistance Program (SNAP)—both of which are under USDA's jurisdiction. In the interview, Kennedy stated: "We shouldn't be subsidizing people to eat poison."

In her confirmation hearing, Rollins expressed concern about childhood obesity rates and, in response to a question from Sen. Cory Booker (D-N.J.), stated that she would commit to reducing the amount of ultra-processed foods in the school lunch program. As noted by FoodFix, this would be a significant departure from current policy.

FDA Commissioner Makary

President Trump's pick for FDA Commissioner, Dr. Martin Makary, is a physician who specializes in surgical oncology and currently serves as chief of islet transplant surgery at the Johns Hopkins School of Medicine. Among other comments generally consistent with Kennedy's "MAHA" views, Dr. Makary has characterized the U.S. food supply as "poisoned" and linked pesticide use and consuming ultra-processed foods to inflammation and chronic disease. Dr. Makary is awaiting Senate confirmation.

As many readers know, FDA issued multiple items in the waning days of the Biden Administration that relate to nutritional transparency, including the final rule on the "healthy" nutrient content claim and the proposed front-of-pack labeling rule. Both are under review by the new administration and the healthy final rule is subject to potential repeal per the Congressional Review Act. While both rules seem generally consistent with increased nutritional transparency, it is unclear whether they are sufficiently consistent with the new administration's agenda. 

Tariffs

No current article about any consumer good would be complete without mentioning tariffs. President Trump and countries around the world have traded tariff threats in recent days, which has the potential to impact the food supply broadly, including fresh produce, agricultural supplies such as fertilizer, packaging, and more. While industry monitors the evolving situation, stakeholders can also be proactive in preparing for and minimizing their business impact. Major changes such as shifting to alternate manufacturing locations to avoid tariffs may be options for some companies. Smaller shifts such as ensuring that commercial agreement terms adequately address current business needs are likely available to more companies, though, and can also be extremely valuable.

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