Food Lobbyists Plot to Have It Their Way With RFK Jr.

RealClearInvestigations has learned that representatives of companies that make snack foods, sugary beverages, and cooking oils are already meeting to discuss how to thwart the reform agenda of Robert F. Kennedy Jr., the former consumer rights attorney Trump has said he will nominate to lead the Department of Health and Human Services. Their response provides an early example of what experts predict will be a massive effort by D.C. lobbyists to position their clients in response to Trump’s pledge to change how Washington does business.

Although much of the early criticism of Kennedy’s nomination has focused on his skepticism regarding some vaccines, the nominee is a longtime critic of the food industry, which he says is a leading contributor to America’s obesity epidemic. In recent months, he has called for a crackdown on food additives, limits on certain crop protection chemicals, stronger guidelines regarding what he says are conflicts of interest among regulators and business, and a review of any substance causing, what he argues, Americans to be “mass poisoned by big pharma and big food.”

Kennedy’s nomination sets up what may turn out to be the biggest reversal between the first Trump administration and the second. The last time around, Trump’s appointees, acting in deference to traditional business interests, moved to reverse regulations on neurotoxic insecticides and added delays to updates for school lunch nutritional standards. 

In videos that have gone viral this year, Kennedy has singled out ultra-processed food as a priority for what Kennedy has called his “Make America Healthy Again” (MAHA) agenda. In one video devoted to the potential dangers of Yellow 5 food dye, Kennedy stands before a table with Doritos chips and Cap’n Crunch cereal and claims the ingredients used in such products are one reason more than 40% of American adults are classified as obese by the Centers for Disease Control and Prevention. The dye, also known as tartrazine, has been linked to behavioral problems in children and other health risks. The European Union requires child warning labels for products with tartrazine. 

Kennedy has made similar arguments about the widespread use of seed oils – including those from corn, soybeans, sunflowers, and peanuts – especially in highly processed foods. Research suggests that high levels of seed oils, rich in polyunsaturated fat, can cause inflammation. America's overreliance on seed oils in fast food and snack products, Kennedy claims, is a major overlooked factor in the health crisis. 

Food industry leaders began sounding the alarm even before the election. In October,  Invariant, a powerful government relations firm that advises many food companies on how to shape policies in Washington, D.C., warned clients of Kennedy’s growing sway over Trump and the Republican Party.

"Increasing number of voices on the right target the food industry," an October memo stated, which went out to clients that include McDonald’s and America’s largest candy makers. The lobbyists warned that Kennedy’s MAHA movement “had gained increasing momentum among conservative figures who have taken a more vocal interest in the way food is produced and regulated.”

Those initial alarm bells have become a siren among snack food makers and agribusiness representatives, according to records obtained by RCI. Last Friday, lobbyists for major processed food producers huddled over Zoom to discuss the rise of MAHA and how best to handle Kennedy’s recently announced nomination.

Danielle Beck, a participant on the call who represents PepsiCo, makers of Doritos and Cap’n Crunch, and the Corn Refiners Association, a trade group for the largest producers of corn-based seed oils, noted that Congress could limit Kennedy’s abilities. 

The "traditional agriculture and food stakeholders," Beck noted, "might look to leverage, you know, the appropriations process" to curb what Kennedy is allowed to "initiate or implement."

Congressional appropriators often use the annual funding process to limit federal authorities. In 2010, under sway from industry sources, the House Appropriations Committee inserted a provision into federal funding that forced tomato paste on frozen pizzas to be counted as a vegetable under dietary regulations. 

The lobbyists noted that Kennedy’s lengthy set of demands could also be exploited to stymie his overall agenda. "If RFK Jr. is focused on twenty different things, chances of success are likely limited," observed Ken Barbic, another Invariant lobbyist representing processed foods firms and farming interests. 

Invariant, though founded by Heather Podesta, a prominent Democratic fundraiser, boasts bipartisan influence. Barbic, for instance, served during the first Trump administration in the Department of Agriculture and the firm employs a number of former GOP aides. 

The Senate confirmation process, the lobbyists added, could be another process through which industry may shape the MAHA list of priorities. As Kennedy meets with individual senators, Beck noted, "serious conversations and commitments can be made to secure those votes that might end up resulting in some shifts in RFK’s overall agenda."

In other words, in order to line up more than 50 votes in the Senate, the lobbyists suggest Kennedy may be convinced to trade away some of his MAHA demands. 

Similar strategy sessions have percolated across Washington Beltway lobbying shops representing food, beverage, and drug industries. The American Farm Bureau, which represents pesticide companies and farming interests, recently said it was working to “combat misinformation that has been spread by several sources including Robert F. Kennedy Jr. regarding critical crop protection tools and agricultural practices.” 

The Consumer Brands Association, which represents Kellogg, Coca-Cola, PepsiCo, General Mills, and other processed foods firms, has also met with lawmakers, preparing for a fight over MAHA agenda items, according to a report from Politico.

Other Kennedy proposals could spark a ferocious backlash from corporate America, particularly his suggestion that the U.S. fall in line with most of the industrialized world and ban direct-to-consumer pharmaceutical advertising. Drug firms spend more than $1 billion per year on television spots. Shutting off the gusher of ad dollars would likely mobilize stark opposition from media conglomerates and the drug lobby. 

But it is RFK’s ideas around wellness and nutrition that have percolated most with the new Trump coalition. The farm and processed food lobby must contend with a sea change within the Republican Party, which now relies on populist vigor increasingly receptive to the idea of reforming the way American food is produced and sold.

In September, Sen. Ron Johnson, a Wisconsin Republican, led a roundtable discussion with popular food industry critics. During the hearing, the stars of this nascent movement, including Dr. Casey Means and her brother Calley Means, food blogger Vani Hari, and author Max Lugavere, took turns at the microphone to pin the blame for America’s poor health mainly on the influence of processed food companies. 

Texas Sen. Ted Cruz, a Kennedy ally, was scheduled to host a similar roundtable but had to cancel at the last minute due to Hurricane Helene flooding in North Carolina.

Such rhetoric suggests a political realignment on food and wellness issues. Bernie Sanders, perhaps the Senate’s most liberal lawmaker, has held a series of hearings on chronic disease, focusing on the influence of corporate actors, and departing Biden administration officials have called for an overhaul of the dietary guidelines. The Food and Drug Administration is expected to provide a new definition of the "healthy " food label with stronger limits on saturated fats, sodium, and added sugars, a proposal that might find continuity under a Kennedy-controlled agency.

Kennedy himself is a former Democrat-turned-independent who was briefly floated as the Environmental Protection Agency chief for President Barack Obama in 2008. He has worked on several successful litigation efforts that have challenged the safety of widely used chemicals. Kennedy was part of the team that challenged glyphosate, sold as Roundup, over its links to cancer, a case that led to a $290 million verdict for the plaintiffs.  

While such regulatory interventions were once the province of the left, the MAHA movement capitalizes on a shift in media consumption by those in the Trump orbit. 

Joe Rogan, the most popular podcaster in the country, has emphasized the dangers posed by high fructose corn syrup, seed oils, and sugary, processed foods. He has hosted many of the most vocal activists aligned with the MAHA movement, including the Means siblings. 

"I love this idea of you teaming up with Robert Kennedy, and I love this 'Make America Healthy Again' idea," said Rogan during his sit-down with Trump during the campaign, which garnered over 50 million views on YouTube. 

"There are chemicals and ingredients in our food that are illegal in other countries because they've been shown to be toxic,” Rogan added during the interview. 

Trump, in response, pledged to give Kennedy wide latitude over health policy, though he said he disagreed with his views on energy and the environment. In the past, Kennedy has opposed expanded oil and natural gas fracking and previously supported a moratorium on new nuclear energy – priorities of the new administration.

Yet Kennedy’s focus on health taps into a rich vein of new populist energy that defies easy ideological definition. The outreach to podcasters and wellness influencers has been credited with helping Trump secure the young male vote, which swung away from Democrats by nearly 30 percentage points.

It is a dynamic agribusiness interests have noticed. The Invariant team credited the rise of RFK’s influence to the growing prominence of podcasts and independent media. 

"Trump appeared on more than 35 different podcasts," noted Jenny Werwa, a strategic communications consultant with Invariant.

When seeking influence with policymakers, the food and beverage industry typically focuses advertising dollars on insider Beltway media, such as Politico and Punchbowl News, added Werwa during the call with clients last Friday. Instead, she suggested, the industry should “think about how you might be able to partner with non-traditional media for content,” adding that Rogan and certain independent Substack publishers should be considered moving forward. 

Consumer brands generally seek to avoid public engagement in politics, typically working through third parties and industry groups. 

Invariant is one of many lobbying firms in the middle of the conflict. The firm not only represents highly processed snack producers, corn refiners, and fast food establishments like McDonald's, but also Campbell Soup, McCain Foods, and the American Beverage Association, the lobby group for sugary sodas.

The lobbyists at the firm shared a memo outlining additional steps. Clients in the “food and agriculture space need to continue both defensive efforts – including legislative and regulatory efforts – while also considering offensive approaches that engage positively in the broader health focused debate.” The offensive approaches, however, are yet to be seen. 

In the meantime, food industry giants might also hang some hope on the influence and taste of Kennedy’s boss. In a viral post-election photo, Trump is shown having dinner on his private plane with his son Don Jr., Kennedy, and Elon Musk. The menu: Big Macs and fries.