Calley Means Has Left, and the Federal Ultra-Processed Food Definition Is Still at the White House
Kennedy adviser Calley Means resigned Oct. 22. With the midterms on Tuesday, the white paper remains under review, and both sides have written to the White House budget office.
The midterm elections are Tuesday, and the first federal definition of ultra-processed food has not been released. Calley Means, a senior adviser to Health Secretary Robert F. Kennedy Jr., resigned on Oct. 22, and the proposal remains under White House review.
TLDR
- Semafor reported that the debate over the definition contributed to Means’ resignation.
- The proposed definition went to the White House budget office in August as a white paper, not a rule.
- More than 100 experts asked for its release on Oct. 23. A coalition of 15 taxpayer and consumer groups asked the same office to reject it.
- White House meetings on the definition are expected to continue after the election.
The Resignation
Semafor reported that people familiar with Means’ exit said he was frustrated by the lack of progress toward releasing the white paper. PBS NewsHour, citing Politico, reported that the stalled definition was his breaking point, and that a meeting among Means, Kennedy and White House officials was postponed. DLA Piper later described that meeting as canceled.
Bloomberg, in a report summarized by KFF Health News, said Means played a leading role in trying to hold the Make America Healthy Again coalition together. It called him a driving force behind a summer proposal on food ingredient transparency. In that report, he said the movement is in its first inning.
Where the Definition Stands
DLA Piper reported on Oct. 30 that the white paper remains under review at the Office of Information and Regulatory Affairs, part of the Office of Management and Budget. It also reported that Kennedy urged release before the midterms, citing Politico.
The Wall Street Journal, as cited by The Food Institute, reported on a July meeting. White House staffers there said the proposal would cover most grocery store foods and could support lawsuits over health outcomes. White House spokesman Kush Desai told the Journal that the administration wants policies that are effective and can withstand legal challenge.
An HHS spokesperson told Newsweek the work has not stalled.
Both Sides at the Budget Office
More than 100 science, medical and nutrition experts signed a letter sent Oct. 23 urging release, PBS NewsHour reported. Earlier reports put the count at more than 70 and more than 80.
The Taxpayers Protection Alliance said on Oct. 28 that it and a coalition of 15 taxpayer and consumer organizations wrote to budget director Russell Vought, urging the administration to reject the definition. The group argues it would raise grocery prices, invite lawsuits and create a patchwork of state rules.
Bloomberg reported in August that chief executives and trade groups had asked the White House to delay the paper, without naming them. In that report, the Consumer Brands Association objected to any definition capturing 80% of the food supply.
Semafor reported that the Consumer Brands Association and the Flavor and Extract Manufacturers Association are scheduled to meet with the White House in the days after the midterms.
Why It Matters
Laura Schmidt of the University of California, San Francisco, a signer of the letter, told PBS NewsHour that a federal definition could let USDA change meals in schools, the military and hospitals. No release date has been announced, and the white paper has not been published.
Sources: Semafor, PBS NewsHour, KFF Health News, DLA Piper, The Food Institute, Newsweek, Taxpayers Protection Alliance, Bloomberg via Lee.