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RegulatoryFDAGuidelinesUSDA

Ultra-Processed Foods—Running for Cover(age)

A review of developments and strategies to seek potential insurance coverage

By Adrian C. Azer J.D., Barry I. Buchman J.D., Suzie Trigg J.D., Reese Letourneau J.D., Luke Nguyen J.D.

Barely two months after an American teenager filed a first-of-its-kind lawsuit against major food manufacturers arguing that such manufacturers should be liable for decades worth of development, marketing, and sale of ultra-processed foods (UPFs) that harm children, President Trump released an Executive Order (EO)1 establishing the President's Make America Healthy Again (MAHA) Commission.

Within days of the EO establishing the MAHA Commission, Deputy Commissioner for Human Foods Jim Jones announced his departure from the U.S. Food and Drug Administration (FDA), creating additional uncertainty for industry. Such actions also followed the 2025 scientific report,2 which was released on December 10, 2024 by the Dietary Guidelines Advisory Committee (DGAC). The 2025 report included a new question regarding the effects of UPF on growth, body composition, and risk of obesity, but failed to recommend a reduction in UPF consumption. Companies that have long marketed processed foods must now navigate a rapidly changing landscape.

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