By Christina Jewett
Last week, the Food and Drug Administration amended the definitions for the term “healthy” used in food labeling, which signifies an adaptation to current nutritional knowledge and enhances restrictions on saturated fat, sugar, and salt in foods eligible for this label.
While this initiative may seem like a minor tweak to a term established three decades ago, it ignited significant lobbying efforts over which foods qualify and the potential infringement on First Amendment rights regarding the definition of “healthy.”
The FDA stated on Thursday that this policy, detailed in a finalized rule, aims to “empower consumers” by enabling them to easily identify nutritious food while shopping.
“The FDA acknowledges that diet-related illnesses, such as heart disease, cancer, and diabetes, are the foremost causes of disability and disease within the United States and contribute to the country’s low life expectancy compared to other large, affluent nations,” Jim Jones, head of the agency’s food division, mentioned at a press conference. He continued, “We understand that food labeling can serve as a significant catalyst for change.”
The extensive 318-page rule stipulates explicit guidelines regarding what food producers may label as “healthy” as well as alternative terms like “healthful” or “healthiest.” For example, a 50-gram serving of dairy must not exceed 5% of the maximum daily sugar recommendation and 10% of the daily limits for salt and saturated fat. Comparable criteria would also apply to fruits, grains, vegetables, meats, and other food groups.
This fresh definition would encompass some processed and packaged items and several previously excluded from being labeled “healthy,” including nuts, seeds, salmon, certain oils, and water. Conversely, it would revoke the “healthy” label from some items like certain yogurts, fruit cups, and whole wheat bread products that have high sugar or sodium contents.
Robert F. Kennedy Jr., who is engaging with lawmakers this week to garner support for his forthcoming confirmation hearings to lead the nation’s foremost health agency, advocated for President-elect Donald Trump on a platform emphasizing improved public health through better food options. He criticized the food industry for allegedly harming children with artificial ingredients and excessively processed foods.
Although the FDA’s new rule represents a slight shift that won’t necessitate modifications in food production, it underscores the challenges surrounding any adjustments to the food supply in Washington and the obstacles Kennedy might encounter from the food and agriculture sectors. The rule, which is projected to take effect in 2028, might still face interference from Congress or the executive branch due to its timing in the Biden administration.
“If the next administration is genuinely committed to encouraging healthier eating among Americans, they should harness the potential of food labeling,” remarked Peter Lurie, a former FDA official and the executive director of the Center for Science in the Public Interest, a nonprofit advocacy organization.
He noted that the rule is voluntary; businesses must choose to adhere to the standards if they wish to market their food as “healthy.”
There are multiple avenues through which Congress or the next administration could disrupt the rule. Officials might initiate executive actions aimed at repealing, suspending, or postponing the rule, according to Varu Chilakamarri, a partner with the law firm K&L Gates specializing in administrative law. Additionally, Congress could enact a disapproval resolution to nullify a rule within 60 days of its publication in the Federal Register.
Currently, the FDA is proceeding with its plans. Agency representatives have announced a partnership with the grocery delivery service Instacart to assist consumers in locating healthy products in an online platform. They also mentioned developing a logo to facilitate quick identification of wholesome foods.
Jones also revealed at the press event that the agency is hastening the finalization of another proposal: one that mandates front-of-package labels to serve as conspicuous warnings for foods high in sugar, sodium, or fat.
Generally, the FDA’s revised rule aligns with contemporary nutritional science and follows the national Dietary Guidelines for 2020-2025 published every five years by federal agencies. A committee of nutrition specialists is currently drafting recommendations for the upcoming set due to be released at the end of the following year.
Public health advocates view this rule as a significant shift.
“The revised definition should enhance consumer trust when they encounter the ‘healthy’ label during grocery shopping,” said Nancy Brown, CEO of the American Heart Association, in a statement on Thursday. “We anticipate it will inspire food manufacturers to create new, healthier options qualifying for the ‘healthy’ label.”
In 2023, as the proposal progressed, the Consumer Brands Association, representing food producers and others, expressed concerns. It described the proposal as “excessively restrictive” and argued it would disallow a significant portion of nutrient-rich packaged foods.
“We believe the FDA insufficiently tested its proposed regulatory framework in terms of market feasibility,” the organization commented on the proposal.
The association also raised issues regarding free speech, asserting that the proposal would infringe upon the First Amendment by unjustly banning truthful and non-deceptive labeling claims.
On Thursday, the association reiterated its objections to the rule, highlighting its position as “the largest domestic manufacturing employer” and pointing out that the rule excludes various packaged foods, “despite numerous years of industry innovation aimed at producing healthier alternatives.”
“We remain apprehensive that this government regulation lacks a foundation in clear and definitive scientific evidence or an exhaustive economic analysis considering all possible effects on consumers and the marketplace,” Sarah Gallo, senior vice president of product policy for the association, stated.
According to the FDA’s rule, approximately 5% of foods are currently labeled as “healthy.” Over a 20-year period, the estimated benefits of these changes amount to roughly $686 million, based on calculations utilizing a healthy eating score and mortality data.
