Health and Human Services Secretary Robert F. Kennedy Jr. is leading a charge to stop hospitals from serving sugary drinks and foods, including Jell-O.
The Department of Health and Human Services sent a memo to hospitals on March 30 urging them to align with the Department of Agriculture’s new 2025-2030 dietary guidelines, which emphasize limiting sugary, ultra-processed foods.
The agency wants hospitals to “align their food purchases with the dietary guidelines in order to enjoy continued eligibility for Medicaid and Medicare payments,” Kennedy said at a press conference last month.
“We shouldn’t be giving … people who are sick Jell-O and Cheerios and rubber chicken and sugar drinks,” he added.
Officials have since threatened to withhold millions in crucial federal funding from healthcare facilities for violations, according to a KFF Health News report published via CBS News. But experts said it’s unclear how this could be enforced.
Dietitian and research scientist Kevin Klatt told the outlet: “Most of this is political theater. HHS doesn’t have the power to do much.”
The new guidance “does not establish new mandates, change Medicare Conditions of Participation, or create any new penalties for hospitals or nursing homes,” HHS spokesperson Andrew Nixon told KFF Health News.
“There are no changes to enforcement, survey, or accreditation processes associated with this guidance,” he said.
The Independent has contacted HHS for comment.
Calley Means, one of Kennedy’s top advisers, asked members of the public to report hospitals that serve sugary drinks earlier this month. His social media post included a link to the Centers for Medicare and Medicaid Services website, where users can submit complaints about healthcare facilities.
“If a hospital is serving patients sugary drinks, they are out of compliance with government standards and are putting their reimbursements in jeopardy,” Means wrote on April 1. “If you see patients being served sugary drinks, please post information below or let CMS know.”
When KFF Health News contacted Means, he pointed the outlet to another X post he shared on April 17.
“It is very sad that Trump Derangement Syndrome is leading Democrats to defend the medical importance of mass serving soda and junk food to American patients – 94 percent of whom have signs of metabolic dysfunction,” he wrote.
Nixon also downplayed Means’ post, according to KFF Health News, and told the outlet that “references to external websites or hotlines are not connected to this guidance and do not reflect HHS or CMS policy.”
