FDA to Reevaluate Use of “Healthy” on Food Labels

The U.S. Food and Drug Administration (FDA) will reconsider how
“healthy” may be used on food packaging following the evaluation of a
citizen petition filed by Kind LLC. FDA previously challenged Kind’s use
of “healthy” on its nut bars, which contain more fat than permitted due
to the inclusion of nuts, and Kind changed its packaging accordingly but
filed a petition for reconsideration of the issue. The existing guidelines
were created during the 1990s and reflect accepted standards of that
time, including a preference for foods low in fat without regard to the
nature of the fat. FDA has now allowed Kind to use “healthy and tasty” on
its packaging “only in text clearly presented as its corporate philosophy,
where it isn’t represented as a nutrient content claim, and does not
appear on the same display panel as nutrient content claims or nutrition
information.” Further details about the dispute appear in Issues 562, 575
and 586 of this Update.

“In light of evolving nutrition research, forthcoming Nutrition Facts
Labeling final rules, and a citizen petition, we believe now is an opportune
time to reevaluate regulations concerning nutrient content claims,
generally, including the term ‘healthy,’” a May 10, 2016, FDA statement
explained. “We plan to solicit public comment on these issues in the
near future.”

Issue 604