“Making America Healthy Again”: The impact on the FDA, life sciences, and healthcare sectors

President Donald Trump recently issued an Executive Order (EO) establishing the President's Make America Healthy Again (MAHA) Commission. The EO, issued on February 13, 2025, addresses a range of issues, including chronic disease and obesity in adults and children, the increased diagnosis of mental health conditions and the impacts of prescription treatments, the effects of technology use on healthy lifestyles, and the impact of food production, ingredients, and chemicals on health outcomes.

The EO calls for greater disclosure and transparency of research data and strategies to combat the effects of factors ranging from electromagnetic radiation to undue corporate influence on childhood disease. Notably, the EO empowers the MAHA Commission to hold public hearings, meetings, and roundtables to inform strategies and recommendations. This EO is likely to have a substantial impact on the life sciences, healthcare, and food sectors by reshaping federal policies in these areas.

Our alert examines some of the key areas of impact.

Summary

The MAHA Commission will be chaired by Secretary of Health and Human Services (HHS), Robert F. Kennedy, Jr. (who was confirmed on the same day the order was issued), with the Assistant to the President for Domestic Policy, Vince Haley, serving as Executive Director. The Commission includes other cabinet members and agency leads, including the Secretary of Agriculture, the Commissioner of the Food and Drug Administration (FDA), the Directors of the Centers for Disease Control and Prevention (CDC), and the National Institutes of Health (NIH).

The EO outlines a series of statistics to demonstrate that the US “lags behind other developed countries” with respect to life expectancy and chronic disease, particularly in children. It cites high incidences of cancer, allergies, asthma, autoimmune diseases, obesity, Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder, and mental illness, among others. The EO states that the issue of chronic disease poses a “dire threat” to the US, harming public health, the economy, and national security.

The EO seeks to address the “growing health crisis in America” by redirecting national focus in both the public and private sectors. “This includes fresh thinking on nutrition, physical activity, healthy lifestyles, over-reliance on medication and treatments, the effects of new technological habits, environmental impacts, and food and drug quality and safety.” It further seeks to “restore the integrity of the scientific process by protecting expert recommendations from inappropriate influence and increasing transparency regarding existing data,” and to ensure the US healthcare system focuses on prevention, rather than management, of disease.

Of particular note, the EO’s comment on the threat posed by certain prescription medications, including weight-loss drugs, raises questions about how HHS may approach key coverage and reimbursement decisions under Medicare in the coming months. Secretary Kennedy has previously spoken out against weight loss drugs, promoting healthier eating and lifestyle habits instead.

The initial mission of the Commission is “to advise and assist the President on how best to address the childhood chronic disease crisis.” Departments and agencies are directed to take steps to “aggressively combat” these health challenges, including a policy that focuses on federally funded research, healthy and abundant food, and expanded treatment options covered by health insurance.

Within 100 days, the Commission is directed to complete a “Make Our Children Healthy Again Assessment” that, among other things,

• Compares childhood chronic disease in America to other countries
• Assesses the threat that potential over-utilization of medication, certain food ingredients, certain chemicals, and certain other exposures pose to children concerning chronic conditions and disease
• Assesses the prevalence and threat posed by the prescription of selective serotonin reuptake inhibitors, antipsychotics, mood stabilizers, stimulants, and weight-loss drugs
• Identifies best practices for preventing childhood health issues, including through proper nutrition
• Restores the “integrity of science,” by eliminating “undue industry influence” and releasing findings and data as legally permitted, and
• Establishes a framework for transparency and ethic review in industry-funded projects.

Within 180 days, the Commission is directed to submit to the President a strategy based on the “Make Our Children Healthy Again Assessment.” This strategy will recommend a federal government response that includes “ending Federal practices that exacerbate or unsuccessfully address” childhood chronic disease, including through the addition of “powerful new solutions.”

While responsibility for the assessment and strategy lies with the Commission, there may be opportunities to provide input into this process through public hearings, meetings, roundtables, and similar events. The EO also indicates that, upon completing this work, the Commission will recommend updates to its mission, including additional reports.

Legislative perspective

Notably, the Trump Administration is not advancing the MAHA movement alone. Congress has established its own MAHA caucuses, both in the House and Senate. The caucuses plan to focus on working closely with the Trump Administration while supporting the policy goals of lowering rates of chronic disease and removing industry influence from the agencies. Additionally, Senator Ron Johnson (R-WI), who chairs the Senate Homeland Security and Government Affairs Committee’s Permanent Subcommittee on Investigations, plans to hold a series of “foundation building” hearings to lay out issues that he believes lead to corruption in science and health agencies. He has said that he is particularly concerned about big business becoming too involved in agency operations. Consequently, there is likely to be an increased focus on vaccine safety data and communications surrounding the COVID-19 pandemic in the arena Senator Johnson controls.

Representative Vern Buchanan (R-FL), a founding member of the House MAHA caucus and chair of the House Ways and Means Health Subcommittee, plans to introduce legislation aimed at lowering costs for Americans with chronic disease and expanding coverage options for patients. Likely issues of examination include strategies to combat the obesity epidemic in America and broaden access to preventative health. We may also see policy proposals emerge to encourage more physical activity, allowing health savings account (HSA) funds to be spent on physical fitness activities and cancer screening.

As the MAHA caucuses begin their work in earnest, DLA Piper will continue to monitor developments and assess the landscape. Some priorities will be handled legislatively, and others at the executive level. DLA Piper is ready to assist businesses as they assess risks and opportunities.

Implications for the life sciences, healthcare, and food industries

The actions that stem from the Commission’s strategy are likely to impact many businesses in the life sciences, healthcare, and food sectors. This is particularly true because Secretary of HHS Kennedy, Secretary of Agriculture Brooke Rollins, and FDA Commissioner nominee Dr. Martin Makary have all expressed various levels of concern about many of the issues raised in the EO. Potential implications for industry include:

• Increased examination of ingredients in the food supply, including a focus on “ultra-processed foods”
• Changes to nutrition policy, including overhauling dietary guidelines and limiting subsidies for certain “unhealthy” foods under federal food assistance programs, such as the Supplemental Nutrition Assistance Program (SNAP) and the National School Lunch Program
• Amending food labeling requirements, including those regarding claims, warnings, and disclosures
• Heightened scrutiny on the use of prescription medicines to treat chronic disease, cognitive differences, and mental health conditions
• Changes in the distribution of federal funding for research into pharmaceuticals and greater funding for research on alternative medicine or natural remedies
• Changes in reimbursement policies for prescription medications and alternative medicine
• Increased requirements for data transparency in the public and private sectors, which may impact existing rules and practices related to clinical trial disclosure and transparency
• Changes in regulations governing approval processes and/or the regulation of alternative therapies
• Greater scrutiny of perceived corporate influence on federal government advisory committees, public-private partnerships, or government-industry working groups
• Stricter transparency requirements for advisory committee members, including detailed disclosures of any financial ties or perceived conflicts of interest with corporations
• Greater scrutiny over financial relationships between manufacturers and clinical trial sites and/or clinical investigators, and
• Changes to the CDC’s Advisory Committee on Immunization Practices and other potential moves that could restrict vaccines or otherwise lower federal government support of vaccines.

These potential impacts create uncertainty for industry, particularly as we see a continuous stream of EOs and actions that include,

• Significant downsizing of the departments and agencies that would execute any proposed strategy
• Restrictions on regulations, guidance, and other agency actions
• Decreased funding to Nongovernmental Organizations (NGOs) and international intergovernmental health organizations, and
• The establishment of a President’s Council of Advisors on Science and Technology.

A list of these Executive Orders and actions can be found at DLA Piper’s Executive Order topic hub.

How DLA Piper can help

Actions taken as a result of the EO will pose many challenges for industry. In the short term, companies may anticipate and prepare for increased use of existing government authorities, such as inspections, congressional letters, or other statutorily authorized requests for information as a means of gathering information on industry practices, data, or products implicated by the EO. In the long term, companies may identify aspects of their research and development and commercial strategies that are implicated by the EO, monitor and analyze the strategies, composition, and output of the MAHA Commission, and develop both proactive and reactive approaches to address downstream legislative and policy changes.

DLA Piper has the experience and knowledge to guide businesses through these uncertain times. Our services include:

• Providing up-to-date information on all activities and policies coming from the Trump Administration, including information on how they may affect businesses
• Creating strategies to anticipate new federal actions to protect and promote business objectives
• Assisting in potential government investigations that may arise from this EO, among others
• Advising on data governance and transparency
• Advising on and assisting with comments to proposed changes in Medicare coverage and reimbursement policy
• Protecting against potential private litigation that may arise from the heightened attention given to their products and research
• Helping clients determine when and how to interact with Department and Agency officials to educate and shape new policies, and
• Assisting with legislative strategies on these issues.

For more information and to help you navigate this changing landscape, please contact the authors.