On August 4, 2021, Democratic Senators Richard Blumenthal, Sheldon Whitehouse and Ed Markey; and Democratic Representatives Frank Pallone, Jr. and Rosa DeLauro introduced the Food Labeling Modernization Act (“FLMA”) in both houses of Congress. Versions of this bill were introduced in 2015 and 2018, but were unsuccessful.
The press release announcing the new legislation touted it as “an effort to help consumers select healthy products.” The legislation would direct the Secretary of Health and Human Services (“HHS”) to establish a single, standard front-of-package nutrition labeling system in a timely manner for all food products required to bear nutrition labeling.
The bill directs the FDA to promulgate regulations that:
The bill will also strengthen current law to target trends in marketing that confuse consumers attempting to compare food products and would require new guidelines for the use of the word “healthy.”