FDA Issues Enforcement Discretion Guidance and Requests Public Comments on Use of “Healthy” in Food Labeling

FDA Issues Enforcement Discretion Guidance and Requests Public Comments on Use of “Healthy” in Food Labeling

September 27, 2016, Covington Alert

Today, the Food and Drug Administration (FDA) issued a guidance document communicating its intent to exercise enforcement discretion regarding certain uses of “healthy” in food labeling for products that do not meet FDA’s current “healthy” regulatory requirements but that contain predominantly “good fats” or are a good source of certain nutrients (“healthy” guidance). FDA also, separately, requested public comment on the use of the term “healthy” in food labeling, including as a nutrient content claim, and in particular in response to a citizen petition that KIND LLC submitted to FDA last December requesting changes to FDA’s “healthy” regulation (“healthy” notice). FDA has committed to redefining “healthy” to reflect current dietary recommendations and nutrition science.