News & Analysis as of

Nutrition Facts Labels Comment Period

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

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 The first initiative, a draft guidance, contains agency recommendations on the...more

Foster Garvey PC

FDA Issues Draft Guidance on Naming and Voluntary Nutrient Statements for Plant-Based Milk Alternatives

Foster Garvey PC on

On February 23, 2023, the Food and Drug Administration (FDA) announced the issuance of a draft guidance document entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.”...more

Hogan Lovells

USDA issues proposed rule to update school nutrition standards

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service (FNS) recently issued a proposed rule to update its school nutrition standards. The rule proposes long-term standards, starting in the 2024-2025 school...more

Sheppard Mullin Richter & Hampton LLP

Comment Period for “Healthy” Regulations Extended; But Consumer Class Actions Targeting “Health Halos” May Continue

The U.S. Food and Drug Administration (FDA) has extended the comment period for its proposed new “healthy” regulations for food packaging. The new deadline for comments is February 16, 2023. The 50-day extension follows...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

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

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

Sheppard Mullin Richter & Hampton LLP

The Many Layered Flavors of Broadband – The FCC’s Proposed Broadband “Nutrition Labels”

In November 2021, President Biden signed the Infrastructure Investment and Jobs Act (Infrastructure Act). This legislation directed the FCC to propose regulations that track a 2016 Public Notice where the FCC—implementing...more

Ervin Cohen & Jessup LLP

FDA Foods Program Releases Guidance Topics

On June 29, 2021, the U.S. Food and Drug Administration’s (“FDA”) Center for Food Safety and Applied Nutrition and Office of Food Policy and Response released a list of draft and final guidance topics that are a priority for...more

Hogan Lovells

Reminder: Opportunity to comment on draft “healthy” symbols for FDA’s planned consumer research

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The U.S. Food and Drug Administration (FDA) has released draft options for a new voluntary “healthy” symbol for packaged foods to depict the nutrient content claim. As previously noted, on 7 May 2021 the FDA issued a notice...more

Ervin Cohen & Jessup LLP

FDA Announces Intended Consumer Research on "Healthy" Claims

On May 6, 2021, the FDA issued a procedural notice on the preliminary quantitative consumer research it plans to conduct on symbols that could be used in the future to convey the nutrient content claim “healthy.” This...more

Hogan Lovells

FDA to test voluntary “healthy” symbols through consumer research

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) has recently signaled its continued interest in developing a voluntary “healthy” symbol for packaged foods as a representation of the nutrient content claim....more

Foley & Lardner LLP

Aggressive Projected Labeling Rules for Pre-Packaged, Non-Alcoholic Food and Beverages in Mexico Open for Comment

Foley & Lardner LLP on

On October 11, 2019, Mexico released the project to modify the mandatory “Official Mexican Standard NOM-051-SCFI/SSA1-2010, General Labeling Specifications for Pre-packaged, Non-alcoholic Foodstuffs and Beverages. Commercial...more

Holland & Knight LLP

Mexico's New Nutritional Labeling and Consumer Information Requirements Open for Comments

Holland & Knight LLP on

International treaties such as the Agreement on Technical Barriers to Trade (TBT) recognize labeling as a common tool used by governments to protect human health. Considering that Mexico faces important rates of mortality...more

Hogan Lovells

The Use of an Alternate Name for Potassium Chloride in Food Labeling: Guidance for Industry

Hogan Lovells on

Last week the Food and Drug Administration (FDA) issued draft guidance announcing that the agency intends to exercise enforcement discretion to allow the use of “potassium chloride salt” as an alternative common or usual name...more

Hogan Lovells

FDA Issues Proposed Rule on Front-of-Pack Calorie Disclosures Used for Vending Machine Labeling Compliance

Hogan Lovells on

The Food and Drug Administration (FDA) is proposing to revise the type size requirements for front-of-pack (FOP) calorie declarations that are used to comply with the vending machine calorie labeling requirements. The...more

Perkins Coie

Industry Insights: GMO Labeling Update

Perkins Coie on

The USDA and the Agricultural Marketing Service (AMS) have set forth the National Bioengineered Food Disclosure Standard (“the Rule”) for labeling food products that have been genetically modified. The Rule requires food...more

Lewitt Hackman

Trimming the Fat: Restaurant Menu Labeling Rule Under Further Review

Lewitt Hackman on

In 2010 as part of the Patient Protection and Affordable Care Act a/k/a “Obamacare”, the federal government set provisions mandating restaurant chains provide nutrition information for menu items. The U.S. Food and Drug...more

Kilpatrick

Compliance Deadline For Menu Labeling Regulation Postponed Due To Implementation Challenges; Further Request for Comments

Kilpatrick on

For those anxious about today’s compliance date for Food and Drug Administration’s (FDA) regulations governing calorie labeling, the compliance deadline has been postponed. FDA has again decided to delay the compliance date...more

Baker Donelson

The FDA Extends Menu Labeling Compliance Date to 2018

Baker Donelson on

On Monday, May 1, the United States Food and Drug Administration (FDA) announced it was extending the compliance date for its final rule governing menu labeling requirements from May 5, 2017 to May 7, 2018. The rule,...more

Faegre Drinker Biddle & Reath LLP

FDA Extends Compliance Date for Menu Labeling Rule (Again)

The U.S. Food and Drug Administration (FDA) announced on May 1, 2017, that it is extending the compliance date for the menu labeling rule by a year, from May 5, 2017 to May 7, 2018. According to FDA, “this extension allows...more

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