The Power RFK Jr. Would Have Over Food

Robert F. Kennedy Jr. may be able to find one area bipartisan support in his quest to become HHS Secretary: food policy.

Dec 6, 2024 - 18:00

When Robert F. Kennedy Jr. sits for his confirmation hearing to potentially become the head of the Department of Health and Human Services (HHS), he will face scrutiny over his vaccine skepticism and unorthodox views on medicine. But there’s one area Kennedy may be able to find bipartisan support: food policy. [time-brightcove not-tgx=”true”]

Kennedy has spoken out against the dangers of ultra-processed foods, additives, and the influence of large corporations on food production. While his anti-vaccine views have drawn widespread criticism, his stance on combating chronic disease by ridding the nation’s food supply of harmful chemicals and ingredients broadly aligns with efforts from both sides of the political aisle and has been praised by leading public health experts.

Kennedy’s nomination to run HHS would put him in a position to directly influence policies around food regulation, nutrition standards, and federal dietary guidelines. Jerold Mande, a former Food and Drug Administration (FDA) senior adviser and deputy undersecretary for food safety at the Department of Agriculture under two Democratic presidents, says there’s “remarkable, strong bipartisan concern about ultra-processed food.”

As HHS Secretary, Kennedy would oversee the U.S. Food and Drug Administration (FDA), which has the authority to regulate food safety and nutrition labels. One of the most significant tools Kennedy would have at his disposal, according to Mande, is HHS’ involvement in the Dietary Guidelines for Americans, a document that shapes federal nutrition advice. The guidelines, updated every five years, inform public health messaging as well as food assistance programs and government food purchasing. The process is political, with each administration shaping the guidelines according to its priorities. “It’s like the phases of the moon,” Mande says of the HHS role. “It’s at its peak in terms of power right now. It’s highly unusual that dietary guidelines would straddle two administrations like this where work would begin in one but be completed in the other.”

For Kennedy, overseeing the Dietary Guidelines process could provide a platform to push for stronger recommendations against ultra-processed foods—particularly those laden with sugar, fat, and harmful additives. He has pledged to immediately remove processed foods from school cafeterias and to strengthen efforts to combat food-related chronic diseases, an issue he believes has been neglected by both major parties. Additionally, Kennedy has been outspoken about restricting the use of pesticides and limiting seed oils like canola and sunflower, which he argues contribute to the growing health problems in America. He has also called for a ban on artificial food dyes, such as those used in Froot Loops, which he claims have adverse effects on children’s health. “We need to stop feeding our children poison and start feeding them real, wholesome food again,” Kennedy posted on X on Nov. 2.

Kennedy has criticized the FDA for being overly lenient on food additives and processing standards. If confirmed, he would likely press for stricter regulations, clearer food labeling, and increased transparency on harmful additives. President-elect Donald Trump, who nominated Kennedy for the position, said he would allow Kennedy to “go wild on the food” after Kennedy dropped his own independent presidential bid and endorsed him.

At a Senate hearing on Thursday, FDA officials were asked about the agency’s repeated delays in implementing a proposed rule to place health labels on the front of food and drink packages, which would flag high levels of sodium, saturated fat, or added sugars amid rising obesity rates. “How long does it take to put a bloody label on a product?” asked Sen. Bernie Sanders, an independent from Vermont and chair of the Senate Health Committee. FDA Commissioner Dr. Robert Califf said the delay was necessary to ensure that any proposed rule would withstand potential legal challenges, citing recent Supreme Court rulings that have curtailed the power of federal agencies.

Sanders further said he agreed with some of Kennedy’s positions on food policy, particularly his criticism of how the food industry prioritizes profits over public health, after the hearing. “I think what he’s saying about the food industry is exactly correct,” he told CBS News. “You have a food industry concerned about their profits, could care less about the health of the American people. I think they have to be taken on.”

Any regulatory actions, however, would likely clash with the agricultural industry and large food conglomerates, which have a history of lobbying against changes they deem harmful to their bottom line. The food lobby—which includes companies in processed foods, agriculture, and biotechnology—has long fought efforts to tighten regulations on ingredients, labeling, and food production practices. Kennedy’s call for stricter regulations on pesticides and agricultural chemicals could also alienate some Republicans, who have traditionally opposed government regulation, particularly when it impacts businesses’ ability to operate freely.

Beyond industry pushback, Kennedy could also face practical challenges in funding his initiatives. The FDA’s food division operates on a tight budget, relying on congressional appropriations rather than the self-sustaining user fees that fund the agency’s drug division. Mande notes that fiscal constraints have hindered past efforts to implement major food reforms, and Kennedy could face similar difficulties. “They have less than $25 million to do their nutrition work,” Mande says of the FDA’s budget. “They aren’t able to make an impact in this space because Congress doesn’t fund them.”

Still, even some of Kennedy’s positions on food and nutrition are controversial. His proposed overhaul of the FDA’s food division also includes his desire to fire nutritionists at the agency because they are “not doing their job,” a stance that has raised concerns from some public health experts. Such a drastic move could further complicate his confirmation, particularly among Democrats and public health advocates who are already wary of his broader views. Kennedy has accused the FDA of “aggressive suppression” of various products, including raw milk and hydroxychloroquine. He has previously promoted the consumption of raw milk, claiming that it “advances human health,” even though both the FDA and the Centers for Disease Control and Prevention (CDC) have warned that drinking raw milk can expose people to dangerous bacteria, such as E. coli and listeria. Kennedy also opposes adding fluoride in drinking water, a practice that boosts oral health and has been a cornerstone of U.S. public health policy for decades, citing studies that suggest a link between high levels of fluoride in drinking water and neurobehavioral problems.

The Senate confirmation process will also scrutinize Kennedy’s views on vaccines. Public health officials are deeply concerned about the possibility of placing one of the country’s leading anti-vaccine advocates at the helm of HHS, an agency responsible for overseeing the safety of vaccines. “Some would say what he says on diet and [the] importance of healthy foods is reasonable,” Sen. Edward Markey, a Democrat from Massachusetts, said on Thursday during the Senate Health Committee hearing with FDA officials. “However, one reasonable opinion does not qualify someone to run the United States Department of Health and Human Services.”