FDA issued a proposed rule on September 28, 2022, to update the definition of “healthy” by specifying new criteria by which the term can be used in food labeling. As a result of the proposed changes, FDA expects more food in the marketplace will be able to make use of the “healthy” claim.
Under the new proposed rule, foods may be labeled as “healthy” if they (1) contain a meaningful amount of food from at least one of the food groups or subgroups recommended by the current FDA Dietary Guidelines for Americans (“Dietary Guidelines”) (such as vegetables) and (2) follow specified limits on certain nutrients, namely, added sugars, saturated fat and sodium.
Comments for the proposed rule must be submitted by December 28, 2022. Presently, the FDA plans to provide companies 3 years to comply once the rule is final. Thus, food and beverage companies would not be required to comply with the final form of the proposed rule or to adjust their labels until no earlier than 2026.
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