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Stock Markets June 17, 2026 12:43 PM

Planned Ultra-Processed Food Definition May Exclude Items Already Labeled 'Healthy'

Draft rule set to carve out FDA 'healthy' claims and infant formulas while targeting additives and artificial colors

By Ajmal Hussain
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The administration is reportedly preparing a federal definition of ultra-processed foods that would exempt products meeting existing FDA criteria for 'healthy' claims and infant formulas. The draft is expected to identify specific additives and artificial colors as markers of ultra-processing, while regulators aim to avoid unintended classification of nutritionally beneficial items.

Planned Ultra-Processed Food Definition May Exclude Items Already Labeled 'Healthy'
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Key Points

  • The administration is expected to exempt foods that meet the FDA's 'healthy' criteria and infant formulas from a proposed federal definition of ultra-processed foods - sectors affected include packaged food manufacturers and infant nutrition makers.
  • The likely ultra-processed definition will include a list of food additives and artificial colors as markers - impacting product formulation and labeling choices across the food industry and retail supermarkets.
  • HHS and USDA have been coordinating the definition effort for nearly a year to avoid unintentionally including foods regulators want to promote; public health and regulatory sectors are closely involved.

Officials close to the process say the incoming administration plans to include exemptions in a proposed federal definition of "ultra-processed" foods for products that already meet the U.S. Food and Drug Administration's criteria for making a "healthy" claim, as well as for infant formulas. Those characterizations come from people familiar with the matter who were not authorized to speak publicly.

Under the expected approach, the new definition would list certain food additives and artificial colors as indicators of ultra-processing. At the same time, foods that satisfy the FDA's existing nutritional thresholds for a "healthy" designation could be carved out of the ultra-processed category. The practical effect of that carve-out could be to keep some products with documented nutritional value - for example, particular yogurts and whole-grain breads - from being labeled ultra-processed.

Defining ultra-processed foods at the federal level is a technically complex effort. The Department of Health and Human Services and the Department of Agriculture have spent nearly a year trying to draw a line that captures the highly processed products prevalent in supermarket centers without unintentionally including items that public policy aims to encourage.

The issue has commercial significance: Americans obtain more than half of their daily calories from ultra-processed foods, and major food companies are reported to be pressing regulators to weigh a product's overall nutritional profile when setting the criteria. Industry lobbying has focused on ensuring that nutritional composition factors into the final definition rather than relying solely on processing markers.

Regulators are therefore attempting to balance two objectives - targeting additives and processing techniques associated with poor nutritional outcomes, while preserving access and market positions for foods that offer nutritional benefits and meet existing regulatory standards. How that balance is struck will determine which shelf-stable and convenience products remain characterized as ultra-processed and which do not.

For now, the specifics beyond a likely additives list and the stated carve-outs remain unannounced. Officials involved in drafting the language have characterized the work as ongoing, and detailed regulatory text has not yet been released for public review.

Risks

  • Complexity in creating the first federal definition raises the risk of either overbroad language that captures healthier foods or narrow language that misses targeted highly processed items - affecting food manufacturers and retailers.
  • Active industry lobbying for nutritional considerations introduces uncertainty about where the line will be drawn, potentially influencing outcomes for packaged food makers and infant formula producers.
  • Incomplete public details about the final regulatory text mean companies and consumers lack clarity on which products will be categorized as ultra-processed until the definition is published - impacting market positioning and consumer perceptions.

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