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Regulatory Watch

October Regulatory Watch

HHS, FDA Submit Proposed Definition of ‘Ultra-Processed Foods’ for Final Review

Submitted as a white paper to the Office of Management and Budget, the definition was drafted with “feedback from thousands of stakeholders, including industry, consumer organizations, researchers and members of the public,” the HHS says.

A table of food considered 'junk food' such as pizza, cheeseburger, fries, donuts, meat sticks, and chips.
Photo Credit: monticelllo / imageBROKER / Getty Images
October 8, 2026

The U.S. Department of Health and Human Services (HHS) and the U.S. Food & Drug Administration (FDA) have submitted their proposed definition of “ultra-processed foods” to the Office of Management and Budget (OMB) for final review, the HHS reports.

The FDA, along with the U.S. Department of Agriculture, issued a joint request for information in July 2025 with the goal of developing a federally recognized, uniform definition. Submitted as a white paper to the OMB’s Office of Information and Regulatory Affairs, the definition was drafted with “feedback from thousands of stakeholders, including industry, consumer organizations, researchers, and members of the public,” the HHS says.

As of mid-September, the proposed definition was not available on the federal register. No legal deadline had been established.

However, the HHS noted “research has linked high consumption of ultra-processed foods to preventable chronic diseases, including type 2 diabetes and heart disease.” The agency added that a standardized federal definition can accelerate research and enable federal agencies and others to develop consistent policies and programs.

“Nearly 60% of the American diet is made up of ultra-processed foods, and childhood obesity now affects more than one in five American children,” Kennedy said. “We cannot reverse America’s chronic disease epidemic without transforming our food system.”

Though a federal definition has not been finalized, the NOVA classification of processed food, developed by researchers at the University of São Paulo, features four categories:

  1. Unprocessed or minimally processed foods: Edible parts of plants, animals, fungi and algae
  2. Processed culinary ingredients: Oils, butter, sugar and salt
  3. Processed foods: Canned vegetables, fruit and fish, cheeses, and freshly made bread
  4. Ultra-processed foods: Soft drinks, sweet or savory packaged snacks, reconstituted meat products and pre-prepared frozen dishes
KEYWORDS: FDA FDA regulation frozen food meat products nutrition packaged foods processed food soda

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