FDA Updates ​“Healthy” Nutrient Content Claim for Food

Kelley Drye & Warren LLP
Contact

FDA issued a final rule today updating the requirements food must meet to be marketed as ​healthy.” FDA says that a ​healthy” claim ​implies that the nutrient content of the food may help consumers maintain healthy dietary practices,” and an update was necessary to ensure that foods described as healthy are consistent with current nutrition science, which has evolved significantly since the last update to the rule in 1994. FDA’s changes to the rule seek to ​provide additional flexibility, which will result in more foods qualifying to bear the ​healthy’ claim.”

FDA made a number of changes in this update, but we highlight the notable ones.

  • Consistent with the previous requirements for healthy food, the new rule establishes limits on saturated fat and sodium. Instead of limiting total fat and dietary cholesterol, the rule now replaces saturated fat with unsaturated fat, and it includes limits on added sugars.
  • The new rule requires that food contain a meaningful amount of food groups and sub-groups, like vegetables, fruits, dairy, protein, and whole grains that individually contain an array of nutrients, rather than focusing on the individual nutrients, themselves. Current nutrition science suggests that ​focusing on food groups better reflects the overall nutrient content of a food rather than focusing on one individual beneficial nutrient in isolation.”

Foods that qualified under the previous rule, such as yogurt high in added sugars and fortified foods like breakfast cereal, white bread, and fruit punch, will no longer qualify. The new rule includes foods such as fresh whole fruits and vegetables, salmon, plain low-fat or fat-free yogurt, eggs, 100% olive oil, and water.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Kelley Drye & Warren LLP

Written by:

Kelley Drye & Warren LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Kelley Drye & Warren LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide