FDA Announces Updated Rule for “Healthy” Labeling on Food Products
by: Mindy Abern and John Allaire
On December 19, 2024, the Food and Drug Administration (“FDA”) announced a final rule updating the definition of the term "healthy" and comparable words (e.g., "healthful," "healthiest," and "healthiness") to help consumers identify foods that are that are consistent with dietary recommendations. Manufacturers can voluntarily use the term “healthy” on a food package when two criteria are met:
The food product contains a certain amount of food (or food group equivalent) from at least one of the food groups or subgroups (such as fruits, vegetables, fat-free and low-fat dairy etc.) recommended by the Dietary Guidelines.
The food meets new specified limits on sodium, added sugars, and saturated fat.
Certain foods including lean meats and nuts will now "automatically qualify" for the term "healthy," as long as they have no added ingredients besides water. Certain beverages like water, tea, and coffee with less than 5 calories per RACC (Reference Amount Customarily Consumed) will also automatically qualify for the "healthy" claim. Several high-fat nutrient-dense foods (e.g., salmon), are now eligible for the "healthy" claim while other foods that were able to use the "healthy", no longer qualify (e.g., certain cereals and yogurts with high amounts of added sugars).
The final rule is limited to the use of "healthy" nutrient content claims for foods intended for adults and children aged two years and older, similar to the approach in the proposed rule. The final rule also establishes recordkeeping requirements for manufacturers of foods that make a "healthy" claim if compliance cannot be confirmed through the product label.
Relatedly, the FDA is also considering creation of a symbol companies could use on food labels to indicate it meets the criteria for "healthy" under the new rule. The rule is effective February 25, 2025, and compliance is required by February 25, 2028. The FDA plans to host a webinar to provide an overview of the final rule and address questions.
Originally published by InfoLawGroup LLP. If you would like to receive regular emails from us, in which we share updates and our take on current legal news, please subscribe to InfoLawGroup’s Insights HERE.