The Make America Healthy Again (MAHA) initiative, spearheaded by Department of Health and Human Services (HHS) Secretary Robert Kennedy, has been making waves on both the federal and state levels. While federal actions and legislative proposals have garnered significant attention, recent state agency actions and consumer challenges are also shaping the trajectory of this nutrition and health initiative.
On the federal level, Secretary Kennedy has been proactive in rolling out MAHA-related programs. These include a six-pronged plan to phase out synthetic petroleum-based color dyes from the food supply, a new food Chemical Review Program, a joint nutrition-focused research program with the National Institutes of Health, and the approval of new natural color additives. These actions underscore the federal government’s commitment to promoting healthier food choices and reducing the presence of potentially harmful substances in the food supply.
At the state level, the momentum has been equally impressive. State legislatures across the country have proposed a variety of MAHA-related legislation. These proposals address a range of priorities, including banning the sale of food with artificial food dyes, prohibiting such foods from school meals, defining “ultra-processed foods,” creating labeling requirements, and establishing nutrition-related education initiatives. These legislative efforts reflect a growing consensus among state lawmakers about the need to address public health concerns related to food and nutrition.
However, the movement on MAHA is not confined to legislative halls. State agencies and department heads have also taken significant steps to advance these priorities. For instance, in July, the Oklahoma State Superintendent announced an initiative to provide “free, healthy meals for all Oklahoma students.” This initiative aims to eliminate seed oils, artificial food dyes, ultra-processed foods, pesticide-laden food, and junk food vending machines from school meals. While the initiative faced some legal challenges and has not been fully implemented statewide, it represents a bold step towards improving the nutritional quality of school meals.
Similarly, Texas Attorney General Ken Paxton has taken a proactive stance on MAHA-related issues. His office has opened several investigations into food manufacturing companies for alleged violations of Texas consumer protection laws. Specifically, investigations have been launched into WK Kellogg Co., General Mills, Inc., and Mars, Incorporated. These investigations focus on the use of artificial food dyes and the marketing of products as “healthy” despite containing potentially harmful substances.
The investigation into Kellogg’s, for example, centers on the company’s use of the term “healthy” on products containing petroleum-based artificial food colorings. These colorings have been linked to various health issues, including hyperactivity, obesity, and cancer. The investigation led to an Assurance of Voluntary Compliance (AVC), a legal agreement requiring Kellogg’s to remove artificial food colorings from its cereals by the end of 2027. While the details of the AVC are not public, it underscores the potential legal consequences for companies that fail to comply with consumer protection laws.
General Mills also faced scrutiny from AG Paxton’s office. The investigation into General Mills focused on the company’s marketing of products as “healthy” despite containing artificial dyes. General Mills responded by committing to remove certified colors from all U.S. cereals and school foods by summer 2026, and from all U.S. retail products by the end of 2027. This commitment, while voluntary, demonstrates the impact of state-level actions on corporate behavior.
The implications of these state agency actions and consumer challenges are significant. They highlight the growing influence of state-level initiatives in shaping national food and nutrition policies. Moreover, they underscore the importance of consumer protection laws in ensuring that food manufacturers adhere to higher standards of transparency and safety. As the MAHA initiative continues to gain traction, it is likely that more states will follow suit, further advancing the goals of improving public health and nutrition.
In the meantime, the ongoing legal challenges and investigations serve as a reminder of the complex interplay between regulatory actions, corporate responsibilities, and consumer rights. As the MAHA initiative evolves, it will be crucial for all stakeholders to engage in constructive dialogue and collaboration to achieve meaningful and sustainable improvements in the food supply.