Trump returns: Presidency to challenge food, nutrition and health regulations

Donald Trump has returned as US President with claims to usher in a “golden age.” With executive orders to withdraw from the Paris Climate Agreement and the WHO, the new administration’s plans for tariffs and reforms could have significant effects on the country’s food and nutrition regulations and policies. 

Perkins Coie, a Seattle, Washington-based international law firm, warns supplement and food ingredient suppliers to watch for changes in ultra-processed foods (UPFs), nutrition standards, alternative protein labeling, traceability and standardized food date labeling. The law firm believes these five focuses will be key to this year’s food regulatory agenda.

It suggests the FDA will heighten focus on post-market assessment of chemicals in food, with attention on additives, color additives and generally recognized as safe substances (GRAS). 

Diet- and health-related topics such as UPFs, front-of-package (FOP) nutrition labeling and new dietary guidelines will gain attention.

According to the law firm, Trump’s administration could jeopardize the FDA’s recent update on “healthy” nutrition claims by reversing it under the Congressional Review Act. The law requires federal agencies to report new rules to the House of Congress and the Government Accountability Office for review before taking effect.

Alternative proteins, including cultivated meat and plant-based foods, will be reconsidered. And while the FDA’s traceability rule looms, Perkins Coie thinks the industry will push for more flexibility.

The FDA and the US Department of Agriculture (USDA) are planning a proposal for food date labeling as a federal standard.

Last year, Nutrition Insight looked at how Trump’s presidency might reshape food security and health policies with the Center for Science in the Public Interest, Food Research & Action Center and Proov.

Rising new candidates 

Amid Trump’s dismissal of thousands of former US President Joe Biden appointees, Perkins Coie highlights that his nominations will inherit ongoing regulatory initiatives.

Recent nominations in question include Robert F. Kennedy Jr. for Secretary of Health and Human Services, Martin Makary, M.D. for US FDA commissioner, and Brooke Rollins for Secretary of USDA.

Kennedy’s nomination brought on a slew of reactions from industry with his goals of reforming the FDA and eliminating its nutrition department, banning food additives, removing UPFs from school lunches, making nutrition education mandatory in medical schools and systemic fixes in the food system instead of relying on anti-obesity drugs.

Trump’s administration could jeopardize the FDA’s recent update on “healthy” nutrition claims by reversing it under the Congressional Review Act (Image credit: donaldtrump.com).If confirmed, Perkins Coie believes the regulatory landscape will be colored by Trump’s Make America Healthy Again (MAHA) initiative. “We anticipate that both FDA and USDA will face unprecedented political attention with multiple influence points across the White House, Congress and within the agencies themselves.”

Diet and health in focus 

Perkins Coie emphasizes that increased attention will be paid to UPFs, FOP labels and healthy diets. 

Links between UPFs and health risks have recently made national headlines, and Kennedy has stated that he intends to eliminate them from school lunches.

Recently, California’s governor gave an executive order to agencies to crack down on UPFs and food dyes and to expand access to affordable, nutritious school meals in the state. 

The 2025 Dietary Guidelines Advisory Committee’s report recently expanded its analysis, suggesting that more nutrient-dense plant-based meals be included and outlining details on diary patterns and UPFs in the dietary recommendations.

Perkins Coie notes that the committee recommended that future committees examine the association between UPFs and growth, body composition and the risk of obesity. 

Other research has linked high UPF consumption to higher fat inside thigh muscles. Recent research has warned over half of US adults’ calorie consumption comes from UPFs, while other studies link UPFs with accelerated biological aging next to increased colorectal cancer and non-communicable diseases.

Perkins Coie further notes that the Trump administration will have an opportunity to influence nutrition policy through the 2025-2030 dietary guidelines, which will be published early this year and set nutrition standards for federal programs.

Perkins Coie emphasizes that increased attention will be paid to UPFs, FOP labels and healthy diets.Meat alternatives and tech

Perkins Coie expects the safety and labeling of cultivated (cell-cultured) meat will be a priority since USDA’s Food Safety and Inspection Service (FSIS) intends to propose a guideline and rule for setting new labeling requirements for meat or poultry using animal cell-culture technology.

However, the law firm sees uncertainty in how politics will impact the timing and content of proposed rules on cultivated meat, which has already drawn reactions from Florida and Alabama. It is also uncertain about the upcoming FDA guidance on premarket consultations on cultured animal cell foods. 

Perkins Coie expects the FDA to have reviewed the naming and labeling of plant-based foods, even though it recently released guidance on the subject. The firm notes that naming plant-based foods has brought heated debates, resulting in new laws in Missouri, Texas and Mississippi, for instance.

Zooming into chemicals

Perkins Coie says it anticipates Trump’s FDA will intensify its focus on the post-market assessment of chemicals in food.

Perkins Coie expects the safety and labeling of cultivated (cell-cultured) meat will be a priority.The firm notes FDA action in this space, including a September meeting on developing an enhanced systematic process for post-market assessment of chemicals in food. This involves food additives, color additives, GRAS substances, substances used in contact with food and chemicals as unintentional contaminants.

Most recently, the agency banned the use of red dye No. 3 in foods following three decades of debate.

Based on Kennedy’s views on food chemicals, Perkins Coie expects continued monitoring and FDA initiatives may become better resourced.

Traceability and food date labels

Perkins Coie says the industry will continue pushing for more flexibility in the FDA’s traceability rule implementation (compliance date January 2026), with concerns about labeling and tracing activity. However, Trump’s chosen Human Foods Program team will have to decide whether to grant the flexibility.

The firm notes that the National Association of Manufacturers sent a letter to Trump in December requesting flexibility and extending compliance deadlines by at least three years.

Lastly, Perkins Coie expects more FDA and USDA activity on date labeling and proposing a federal standard since they do not impose standardized food date labeling requirements (except infant formula). 

However, the law firm notes the FDA and FSIS published a Request for Information on standardizing food date labeling from stakeholder input.

Tackling food waste was a priority in Trump’s first administration. California passed the nation’s first food date labeling law, and Massachusetts will introduce a similar bill this year. Based on this observation, Perkins Coie predicts the FDA and FSIS will tackle food waste in the short term.