Americans consume over half their daily calories from ultra-processed foods, a staggering 55%, even as cities like San Francisco sue manufacturers for alleged harm. This pervasive consumption fuels a critical public health debate, prompting urgent calls for stricter regulations on these products in 2026.

Governments and cities are taking aggressive action against ultra-processed foods, but a new expert panel suggests exempting certain 'healthy' UPFs from these very policies. A 14-member expert panel convened by Healthy Eating Research (HER) released a technical report recommending different treatment for some ultra-processed foods under US policy. The panel specifically recommends that foods meeting certain nutritional criteria be excluded from restrictive UPF policies.

The push for nuanced UPF policies risks creating loopholes that could be exploited by the food industry, making it harder to address the widespread public health challenge posed by ultra-processed food consumption. This recommendation immediately creates a complex challenge for policymakers aiming to curb overall UPF consumption.

The Pervasive Role of Ultra-Processed Foods in American Diets

The overall mean percentage of total calories consumed from ultra-processed foods among those age 1 year and older was 55.0% during August 2021–August 2023, according to the cdc. These figures confirm the deep entrenchment of these products in daily American diets. This pattern extends across all demographics, with adults aged 60 and older consuming 51.7% of their calories from UPFs. Such widespread reliance complicates any simple policy solution, demanding comprehensive public health strategies.

Adults aged 19–39 consumed 54.4% of calories from ultra-processed foods, while those aged 40–59 consumed 52.6%, demonstrating consistent reliance on these foods across different adult age groups. Consistent intake across prime working ages highlights the systemic challenge of shifting dietary habits.

The 'Healthy' UPF Exemption and Socioeconomic Disparities

A new report from Healthy Eating Research (HER) recommends that 'healthy' ultra-processed foods be exempt from policies designed to discourage their consumption. This recommendation emerges amidst stark socioeconomic disparities: the mean percentage of total calories consumed from ultra-processed foods was lower in adults with the highest family income at 50.4%, compared with lower income levels ranging from 54.7% to 55.3%, according to the cdc.