The short answer
The United States does not yet have an official definition of “ultra-processed food” (UPF). FDA and USDA asked for public input in July 2025 (comments closed October 23, 2025, with more than 5,000 comments), and on August 10, 2026 they sent a proposed definition to the White House Office of Management and Budget for final review. As of our check on November 11, 2026, the text had not been published.
For now, nothing changes on your label: there is no U.S. requirement to say whether a food is ultra-processed. But the definition is coming, and it may later shape school meals, purchasing, guidance and marketing — so it is worth watching.
| Date | What happened |
|---|---|
| July 2025 | FDA and USDA issue a joint Request for Information on a uniform definition of ultra-processed foods |
| October 23, 2025 | Comment period closes (more than 5,000 comments) |
| August 10, 2026 | HHS confirms a proposed definition has been sent to OMB for final review |
| September–October 2026 | OMB holds review meetings with stakeholders on the agencies’ “white paper” |
| November 2026 | Definition not yet published |
What the definition is for
The agencies have described the proposal as a white paper and research tool, not a regulation — HHS said the aim is a stronger foundation for future nutrition research. It does not, on its own, ban foods or require labels. Lawyers following the issue expect it could later be used in:
- school nutrition standards and government food purchasing
- dietary guidance and public health campaigns
- future labeling or claims rules
- state laws, lawsuits and retailer policies
Those are possibilities, not announced plans.
What may be in it
The agencies have not released the criteria. Definitions used in research and in other countries usually look at one or more of:
- Processing methods — industrial processes such as extrusion or hydrogenation
- Ingredients — substances rarely used in home kitchens, such as certain emulsifiers, flavor enhancers, colors and non-nutritive sweeteners
- Nutrient profile — high added sugars, sodium or saturated fat
State action is already happening
California passed the first state law with a statutory UPF definition for school food (AB 1264, signed in 2025). Vendor reporting begins in 2028, and sales of designated “ultra-processed foods of concern” in schools are banned from July 1, 2032. California also authorized a voluntary “non-UPF” label. Other states may follow.
Example: a snack exporter from Brazil
Brazil’s own dietary guidelines already use the NOVA classification of ultra-processed foods, so many Brazilian brands know the concept. For the U.S., a snack maker should not label its products “not ultra-processed” or use a “non-UPF” claim until the federal definition is published and the rules for such claims are clear — and should keep an ingredient list that can be explained if buyers ask.
What exporters should do now
- 1Do not add UPF claims yetThere is no federal definition to base them on.
- 2Review your ingredient listKnow which additives, colors and sweeteners you use and why. Simpler formulas may become a selling point.
- 3Watch related rulesThe proposed front-of-package Nutrition Info box, the new “healthy” rule, the dye phase-out and the GRAS proposal all point the same way.
- 4Ask your U.S. buyersSchools, food service and some retailers may set their own UPF policies before any federal rule.
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Frequently asked questions
Does the US have an official definition of ultra-processed food?
Not yet. FDA and USDA sent a proposed definition to OMB for final review on August 10, 2026. As of November 11, 2026, it had not been published.
Will ultra-processed foods need a warning label?
No such requirement exists or has been proposed at the federal level. The agencies describe the definition as a research tool; any labeling rule would need separate rulemaking.
Can I label my food “not ultra-processed”?
Be very careful. Without a federal definition, such a claim could be challenged as misleading. Wait for the definition and any related rules.
Which state has defined ultra-processed food?
California, for school food, under AB 1264 (signed in 2025), with a school sales ban on designated products from July 1, 2032.
Sources
- Food Safety Magazine — FDA, USDA submit UPF definition for final review (August 10, 2026)
- Greenberg Traurig — Why the coming federal definition of ultra-processed foods matters (October 13, 2026)
Status checked on November 11, 2026. This is a watch item — check for later updates once the definition is published. General information, not legal advice.