As 2024 draws to a close, its time to think about how the regulatory environment for the food and beverage industry should a second Trump administration proceed with its nomination of Robert F. Kennedy Jr. (RFK Jr.) as Secretary of Health and Human Services. The sector may face a wave of proposed reforms aimed at reshaping how Americans eat. Kennedy has a long history of consumer advocacy and he has made it clear he intends to “Make America Healthy Again” (MAHA) by targeting many longstanding industry practices.

RFK’s policy direction reflects shifting consumer sentiment and a changing media environment. He has criticized not only widely used food additives and seed oils but also the regulatory frameworks that, in his view, allow these products to proliferate. He has called for tougher scrutiny on food ingredients tied to obesity and other health issues, changes in how the FDA defines “healthy,” and restrictions that may align the U.S. more closely with European standards on additives and warning labels. Additionally, Kennedy has signaled that direct-to-consumer pharmaceutical advertising—a revenue stream that helps shape public perception and demand—could also come under fire, a move that could unsettle adjacent segments of the health and wellness ecosystem.

For the first time in years, Republicans appear open to a regulatory realignment in food policy. Kennedy’s MAHA agenda resonates with a new wave of right-leaning populists as well as wellness advocates in media spaces not traditionally engaged by the food industry—popular podcasters, influencers, and health-focused thought leaders. The message is simple: Ultra-processed foods and their core inputs, including high-fructose corn syrup and seed oils, are under increased scrutiny as major contributors to the obesity crisis.

Should 2025 usher in the MAHA movement then traditional lobbying approaches may need recalibration. Firms like Invariant—already involved in messaging around these potential reforms—are advising clients to consider new outreach and communication strategies. For example, while it remains critical to work through Capitol Hill and established industry associations, it’s now also essential to understand the role of non-traditional media. Platforms like high-profile podcasts and Substack newsletters are shaping the conversation among key demographics and political influencers. Simply relying on Beltway insiders and trade press will not be enough if the policy debate moves into a more populist, consumer-driven sphere.

Lobbyists and policymakers across agribusiness, snack and beverage brands, and related sectors have begun strategizing. Tactics under discussion include leveraging the annual appropriations process to influence what Kennedy’s HHS can implement, influencing the Senate confirmation process to secure more favorable terms, and using the complexity of Kennedy’s expansive list of demands as a pressure point. The aim: channeling any reforms into directions that maintain business stability, while mitigating the risk of severe regulatory changes.

You can be sure that food lobbyists are becoming familiar with RFK Jr.’s various stances on food and health that include”
  • Policy Aims: RFK Jr. has expressed intentions to tackle issues like pesticide use, food additives, and the promotion of healthier eating habits through policy changes. His agenda includes tightening regulations on food processing, school lunch programs, and potentially overhauling agencies like the FDA and USDA.

  • Philosophical Shift: His approach seems to contrast with the deregulatory stance of Trump’s first term, potentially introducing more scrutiny on Big Food practices, which could be seen as a threat to the status quo by industry lobbyists.
Lobbyist Strategies:
  • Lobbying and Influence: Given RFK Jr.’s vocal criticism of processed foods and his push for policy changes that could affect major food corporations, lobbyists will ramp up their efforts through:
    • Direct Engagement: Lobbyists would likely seek direct meetings with RFK Jr. and other key administration figures to negotiate or mitigate policy proposals that could harm their interests. They might attempt to shape or water down regulations by highlighting economic implications like job losses or increased costs for consumers.

    • Use of Senate Confirmation: If RFK Jr. requires Senate confirmation for a position, lobbyists might try to influence senators, particularly those from states with significant agricultural or food processing industries, to either oppose his confirmation or to secure commitments that would limit his regulatory reach.

    • Public Relations: They might engage in PR campaigns to frame RFK Jr.’s policies as detrimental to the economy or consumer choice, emphasizing the benefits of current practices like convenience and affordability.
    • Litigation: Preparing for potential legal challenges against new regulations that might be seen as overreaching or not based on sound science, using the courts to slow down or alter policy implementation.

    • Legislative Influence: Lobbyists could work to influence legislation that might counteract RFK Jr.’s initiatives, perhaps by promoting bills that emphasize deregulation or by ensuring adequate funding for industry-friendly research.
Industry Concerns and Reactions:
The  industry might face uncertainty due to shifts in policy direction, leading to cautious investment and strategic planning to adapt to new regulations or revert to lobbying for stability and predictability. There could also be an increase in alliances between different sectors of the food industry to present a unified front against perceived threats to their business models. Depending on the success of MAHA policies, companies may be forced to adjust their business practices towards more sustainable or health-focused models to align with potential new regulations.

Whatever the new administration brings, we expect food lobbyists to employ a multifaceted approach combining direct influence, legal strategies, public relations, and legislative advocacy to navigate the challenges posed by RFK Jr.’s potential role in a Trump administration. The aim will be no different that it has always been and that is to maintain or adjust the regulatory environment to favor their client’s interests.