Principal Alan Sachs (Washington, DC) spoke with Fi Global Insights about the U.S. Food and Drug Administration’s (FDA) anticipated first-ever definition of ultra-processed foods (UPFs).

While FDA recently proposed major changes to rules on ingredients that are Generally Recognized as Safe (GRAS) through the Federal Register, the UPF definition will come as a white paper. It is still under review with the White House Office of Management and Budget. In “‘Landmark’ Ultra-Processed Food Definition Under Review in U.S.,” Alan explained that, because the definition will be released through a white paper rather than a formal rulemaking, the administration is not required to publish it by a particular date, and the document could still be modified while under White House review. He also noted that the definition will “likely influence future FDA dietary guidance as well as research policy and any future regulatory measures.”

The article also explores how FDA may approach defining UPFs. As B&D explained in an earlier client alert, the most common definition of UPFs comes from the NOVA food classification system, which focuses primarily on processing and additives. Last year, California adopted a “hybrid” definition that considers both how a food is processed and its nutritional profile. Alan described California’s framework as more nuanced than the NOVA classification system. Alan said that he expected FDA to “not follow NOVA or California, but have its own approach.”

Beveridge & Diamond’s Food & Beverage and Consumer Products teams advise companies on evolving federal and state requirements affecting food products, ingredients, labeling, marketing, and product stewardship. Our lawyers help clients navigate emerging regulatory initiatives and policy developments across the product lifecycle.