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FDA Signals Potential Reassessment of Proposed Front-of-Package Rule

By Keller and Heckman LLP on March 30, 2026
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  • Recent comments from senior FDA leadership suggest the agency is reassessing its proposal to require front-of-package (FOP) nutrition labeling on packaged foods. In an interview with Bloomberg Law, FDA Deputy Commissioner for Human Foods Kyle Diamantas stated that the agency is actively reviewing public comments submitted in response to the proposed rule, which was issued in January 2025 near the end of the prior administration.
  • The proposal would require standardized front-of-package disclosures highlighting a product’s levels of saturated fat, sodium, and added sugars, with the stated goal of helping consumers more easily identify healthier food options.
  • Diamantas acknowledged that modifying the substance or design of the proposed labeling framework could trigger procedural requirements under the Administrative Procedure Act. Specifically, meaningful changes to the proposal could require FDA to reissue the rule for additional notice-and-comment rulemaking. As a result, the agency is weighing whether revisions are feasible within its broader policy and timeline objectives. Diamantas indicated that “everything is on the table,” including potential revisions or rescission of the proposal, noting that such decisions could affect the agency’s previously articulated goal of implementing a front-of-package labeling program by 2026.
  • These remarks align with earlier public statements from FDA Commissioner Martin Makary, who has expressed skepticism toward the inherited FOP proposal. During a March panel discussion at the National Food Policy Conference, Makary stated that current leadership “did not like the front-of-package plan that we inherited,” raising questions about whether saturated fat should remain a primary focus of simplified nutrition messaging.
  • Makary and HHS Secretary Robert F. Kennedy Jr. have pointed to what they characterize as outdated scientific assumptions underpinning prior dietary recommendations. While the most recent federal dietary guidelines released in January continued to advise moderation in saturated fat intake, they also encouraged greater consumption of foods traditionally higher in saturated fats, including full-fat dairy products and red meat.
  • Keller and Heckman will continue to monitor developments related to FDA’s front-of-package labeling proposal.
  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    The Daily Intake
  • Organization:
    Keller Heckman
  • Article: View Original Source

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