The Future of Food Regulations: What’s Next for Ultra-Processed Foods?

Today, we’re diving into a topic today that impacts everyone—from families buying groceries to food manufacturers trying to keep up with evolving rules. Food regulations—specifically the future of ultra-processed foods.  

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The Changing Food Regulatory Landscape

About the author
L. Christine Lawson

Transcript

Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

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Today, we’re diving into a topic today that impacts everyone—from families buying groceries to food manufacturers trying to keep up with evolving rules. Food regulations—specifically the future of ultra-processed foods.  

You’ve probably heard the term “ultra-processed foods” thrown around in news stories or social media. But what does it actually mean? And why is it at the center of so much debate right now?  

We’ll cover the high notes, including how states like California are influencing national policy, what bans on certain ingredients could mean for your favorite snacks, and why tighter regulations are likely just around the corner. For more detailed info, don't forget to follow the link in the show notes.  

First things first. What exactly are ultra-processed foods? 

Well, unprocessed foods are pretty straightforward. Imagine a raw apple. It hasn’t been cut, cooked, or prepared in any way. Completely natural, it’s as unprocessed as you can get.  

Now, take that raw apple and slice it into pieces, package it, maybe add a bit of lemon juice as a preservative. That’s a lightly processed food.  

If you go further and cook the apple down with sugar and spices to make apple butter, you’re moving into the “more processed” category.  

Finally, you have ultra-processed foods. Picture that same apple mixed with artificial colors, sweeteners, hydrogenated oils, preservatives, and other additives to create a shelf-stable snack cake. That’s an ultra-processed food.  

From chips to soft drinks to frozen dinners, these foods offer one thing people love: convenience. They also keep costs down thanks to their long shelf lives. But here’s the flip side. Many ultra-processed foods contain ingredients that have been linked to health issues such as cancer, diabetes, and obesity.  

This is where regulations come into play. How do we balance convenience, cost-effectiveness, and health?  

While the FDA regulates food ingredients in the U.S., the U.S. isn’t always on the same page as other countries when it comes to banning certain additives.  

For instance, the European Union outright prohibits numerous ingredients commonly found in ultra-processed American foods. A prime example? Red Dye No. 3. This controversial food dye has been linked to thyroid cancer in animal studies, though no strong evidence ties it to cancer in humans.  

Still, as of January 2025, the FDA officially banned its use in food products. Until recently, California was taking its own lead in banning ingredients like Red Dye No. 3, along with other additives like potassium bromate and propylparaben. 

This raises an important question: what happens when states start making ingredient bans independently? And how does this influence nationwide manufacturing and distribution?  

And will this have an impact on what’s happening at the federal level? Will the FDA follow suit and adopt stricter rules nationwide?  

Looking to the future, food regulations could become more likely to focus even more on transparency and accountability. For example, we could see tighter restrictions on additives and possibly a shift toward labeling requirements that better educate consumers about what they’re eating.  

We could also see an uptick in plant-based alternatives and minimally processed foods gaining traction as people become more mindful of their health. This is already happening, but regulatory pushes would give it an extra boost.  

Thank you for listening to Womble Perspectives. If you want to learn more about the topics discussed in this episode, please visit The Show Notes, where you can find links to related resources mentioned today. The Show Notes also have more information about our attorneys who provided today's insights, including ways to reach out to them.

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