Food for thought … what does “healthy” mean?

The FDA proposes new definition of claim “healthy”


by Mindy Abern

On September 29th, the FDA proposed a new rule to update the definition of the term “healthy,” as used on food packaging. Consumers rely on food labels when deciding what to purchase and consume. Currently, about 5% of all packaged foods are labeled as “healthy.” The goal for the new definition is that it will help consumers make better dietary choices and maintain healthier dietary practices.

The FDA’s original definition of the term “healthy” was established in 1994. Since then, dietary guidelines and nutritional science have evolved. Today, there is a better understanding of diet and its effect on overall health. The proposed rule updates the guidance to be consistent with current nutritional science.

Under the existing regulation, specific nutrients must be present in the food at certain levels for it to be described as “healthy.” Current requirements include limits on total fat, saturated fat, cholesterol, and sodium, and minimum amounts of recommended nutrients such as vitamin A, calcium, iron, protein, and dietary fiber. The current definition allows for use of the claim “healthy” on some foods that do not necessarily help consumers maintain healthy dietary practices. In addition, the current limits prohibit a “healthy” claim on some foods that are part of a healthy diet (e.g., avocados due to fat levels).

The proposed rule updates the definition so that use of the term “healthy” will more accurately represent that nutrients in the food may help consumers maintain a healthy diet. The proposed definition of “healthy” uses a food group-based approach in addition to nutrient levels.

Under the proposed rule, in order to be labeled as “healthy,” foods must:

  • Contain a certain amount of a food group like fruits, vegetables, grains, proteins, and dairy.

  • Not contain too much saturated fat, sodium, or added sugars.

Manufacturers would also be required to adhere to new recordkeeping requirements for foods where compliance cannot be verified through information on the product label.

Comments on the proposed rule must be submitted by December 28, 2022.

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.