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Food Manufacturers Food and Drug Administration (FDA) Nutrition Facts Labels

Holland & Knight LLP

Ninth Circuit Holds That California Food-Labeling Law Is Not Preempted by Federal Law

Holland & Knight LLP on

In 1990, Congress enacted the Nutrition Labeling and Education Act (NELA) as an amendment to the Food, Drug and Cosmetic Act (FDCA). Among other things, NELA 1) provided for modernization and standardization of the familiar...more

Davis Wright Tremaine LLP

FDA Issues Small Entity Compliance Guidance for Yogurt Standard of Identity

SOI sets new requirements for labels and ingredients, including for minimum dairy amount and bacterial cultures; compliance deadline is January 1, 2024 The U.S. Food and Drug Administration (FDA) announced the availability...more

Hogan Lovells

FDA continues work on consumer research on front-of-pack nutrition labeling

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) published a second procedural notice regarding its plans to conduct consumer research on a front-of-pack (FOP) nutrition labeling scheme....more

Morgan Lewis - Well Done

Salt-Shaking it Up: FDA Issues Proposed Rule to Allow Salt Substitutes in Standardized Foods

FDA has consistently pursued its aim of encouraging US consumers to eat less salt. As we have previously written, FDA issued a Voluntary Sodium Reduction guidance in October 2021 to support the reduction of average sodium...more

Morgan Lewis - Well Done

A Sweet Deal: FDA Allows New Qualified Heart-Healthy Claim for High Flavanol Cocoa Powder

FDA recently announced it does not object to the use of certain qualified health claims regarding the relationship between the consumption of cocoa flavanols in high flavanol cocoa powder and a reduced risk of cardiovascular...more

Hogan Lovells

FDA seeks comment on food labeling information in e-commerce

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) is requesting comment on the availability of nutrition, ingredient, and allergen information online for packaged foods sold through online grocery shopping platforms.  FDA explains...more

Hogan Lovells

FDA advances nutrition initiatives: dietary guidance statements and salt substitutes in standardized foods

Hogan Lovells on

FDA recently issued two nutrition-related initiatives regarding dietary guidance statements and the use of salt substitutes in standardized foods. The first initiative, a draft guidance, contains agency recommendations on the...more

Patterson Belknap Webb & Tyler LLP

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”?  And who gets to decide?  A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t...more

Hogan Lovells

FDA to test front of pack nutrition labeling schemes through consumer research

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) continues to explore the development of a standardized front of package (FOP) nutrition labeling scheme by conducting consumer research....more

Arnall Golden Gregory LLP

What is “Healthy Food”? FDA May Know the Answer

On September 28, 2022, the U.S. Food and Drug Administration issued a Proposed Rule to revise the criteria for when foods can be labeled with the nutrient content claim “healthy.” Since 1994, FDA has recognized that when a...more

Alston & Bird

Food & Beverage Digest – November 2022: Home of Minty Fresh Class Actions

Alston & Bird on

In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, kombucha creates a buzz, some purported smoked cheese...more

Jones Day

FDA Proposes Updated Definition of "Healthy" Claim for Food; Seeks Comment

Jones Day on

In Short - The Situation: To conform with current nutrition science and federal dietary guidance, the U.S. Food and Drug Administration ("FDA") has proposed updated criteria for when food labels can bear what the FDA...more

Foster Garvey PC

Proposed Rule on “Healthy” Labeling

Foster Garvey PC on

Here is what you need to know about the FDA's recent proposed rule on "healthy" labeling. - On September 29, 2022, FDA proposed an amendment to the existing regulation (21 CFR § 101.65) on when “healthy” or similar terms...more

Jones Day

FDA Proposes Updated Definition of "Healthy" Claim for Food

Jones Day on

The U.S. Food and Drug Administration ("FDA") responds to the Dietary Guidelines for Americans, 2020-2025 directive to "make every bite count" by proposing significant revisions to the implied nutrient content claim....more

BakerHostetler

FDA Issues Proposed Rule Updating "Healthy" Food Claim Definition

BakerHostetler on

Key Takeaways - ..On September 28, 2022, the FDA issued a proposed rule to update the criteria for which foods can be labeled as “healthy” to align the definition with current nutrition science. ..For the first time,...more

Morrison & Foerster LLP - Class Dismissed

Water Is In, White Bread Is Out: “Healthy” Gets A New Look In 2023

For decades, health-conscious consumers have argued about what it really means for a food to be “healthy.” Is dark chocolate “healthy”? How about breakfast cereal, coffee, or fruit gummies?...more

Faegre Drinker Biddle & Reath LLP

FDA Proposes to Update the Definition of “Healthy” on Food Labels

On September 28, 2022, the Food and Drug Administration (FDA) announced its proposal to update its 1994 definition of “healthy” when used on food labels and labeling to align with the current nutrition science, the Dietary...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update - September 2022 # 3

The U.S. Food and Drug Administration (FDA) has announced a proposed update to guidance on how the term “healthy” can be used in marketing and labeling food products. The announcement notes that current limitations on usage...more

Alston & Bird

FDA’s Proposed Revamp of “Healthy” Claim Requirements: What Industry Should Do Now

Alston & Bird on

Decades after the FDA first issued its initial definition of the claim “healthy,” its proposed new definition of the implied nutrient content claim used in the labeling of human food products is here. Our Food, Beverage &...more

Morgan Lewis

Eat Your Greens: FDA Proposes New Definition for ‘Healthy’ Packaged Food Claims

Morgan Lewis on

The US Food and Drug Administration issued a proposed rule on September 29 setting forth new criteria for the labeling of food products with the nutrient content claim “healthy” intended to help consumers more easily navigate...more

Hogan Lovells

FDA releases updated priority list of food guidance documents intended for publication in 2022

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) recently released an updated list of priority draft and final guidance documents related to foods and dietary supplements that the agency intends to publish by the end of this year....more

Morgan Lewis - Well Done

FDA Outlines Evaluation Approach to Non-Major Food Allergens in Draft Guidance

Last week, FDA issued a draft guidance that outlines the agency’s proposed approach for evaluating the public health importance of food allergens other than the eight major food allergens identified by US law, which are milk,...more

Ervin Cohen & Jessup LLP

FDA to Investigate and Issue Guidance on "Healthy" Labeling

On March 25, 2022, the U.S. Food and Drug Administration (“FDA”) announced a public process to update the “health” nutrient content claim for food labeling. This process will include the agency’s review of a voluntary symbol...more

Hogan Lovells

FDA provides update on consumer research for voluntary “healthy” symbol

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) has provided an update on the consumer research it plans to conduct on voluntary symbols that could potentially be used in the future to convey the nutrient content claim “healthy.”...more

Hogan Lovells

FDA publishes new Q&A on “0 g Total Sugar” statements

Hogan Lovells on

The Food and Drug Administration (FDA) recently added a new Question and Answer to its website related to “0 g total sugars” label statements....more

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