News & Analysis as of

Dietary Guidelines

DLA Piper

Food and Beverage News and Trends - April 2025 #2

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President Trump directs agencies to repeal regulations without notice and comment rulemaking. President Donald Trump issued a Presidential Memorandum on April 9, directing the repeal of "unlawful regulations" deemed to impede...more

Womble Bond Dickinson

New FDA Criteria for Labeling Food as "Healthy"

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All of us have probably had the experience of browsing the aisles at the grocery store looking for healthy foods to take home for our families. A few foods we find may include the word “healthy” on the packaging. Did you know...more

Ice Miller

FDA Final Rule for “Healthy” Nutrient Content Claims Effective Date Looms but Rule’s Future Is Uncertain

Ice Miller on

After years of rulemaking with impassioned input from food producers, industry stakeholders, and consumer groups, on December 27, 2024, the Food and Drug Administration (FDA or Agency) published a final rule titled “Food...more

Cozen O'Connor

Republican AGs Have Beef with Nutritional Standards Report

Cozen O'Connor on

Twenty-three Republican AGs submitted a comment letter to HHS and Department of Agriculture officials opposing aspects of the Scientific Report of the 2025 Dietary Guidelines Advisory Committee; the Dietary Guidelines are...more

BakerHostetler

The FDA’s New Definition of ‘Healthy’: A Step Forward, or a Step Too Far?

BakerHostetler on

The Food and Drug Administration (FDA) recently issued a final rule updating the definition of the term “healthy” for use on food labels. This change aims to align with modern nutrition science and the latest Dietary...more

Alston & Bird

Updates to the Dietary Guidelines? HHS and USDA Request Public Input

Alston & Bird on

Our Food & Beverage Team discusses how looming changes to federal dietary guidelines and new Make America Healthy Again initiatives could impact the food and beverage industry in 2025....more

Fox Rothschild LLP

Healthy Or Not? The FDA’s New Rule Redefines What “Healthy” Means On Food Labels

Fox Rothschild LLP on

The FDA recently issued a final rule, which updates the definition for the implied nutrient content claim “healthy.” The definition change aims for “healthy” to be consistent with current nutrition science and Federal dietary...more

MoFo Life Sciences

What is “Healthy?” Are Fats In?

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Yesterday, FDA released the final rule that updates the definition for “healthy” nutrient content claims. In an update that may be long overdue, manufacturers who use the term “healthy” (or derivative terms: “health,”...more

Hogan Lovells

Dietary Guidelines Advisory Committee Releases Scientific Report for 2025-2030 Dietary Guidelines for Americans

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The Dietary Guidelines Advisory Committee (DGAC) recently released its Scientific Report, which will serve as the basis of the recommendations in the 2025-2030 Dietary Guidelines for Americans. Several of the Report’s key...more

Holland & Knight LLP

Alcohol Consumption Guidelines: A Warning Shot for the Industry

Holland & Knight LLP on

The World Health Organization (WHO) on Jan. 4, 2023, released a statement that there is no "safe" level of alcohol consumption that does not affect health.1 In collaboration with international partners, the WHO spearheaded...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

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - April 2023

FDA Proposes Changes to Standards of Identity for Foods Including Salt- The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would change the standards of identity (SOIs) for foods that include salt to...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

Shook, Hardy & Bacon L.L.P.

FDA Issues Draft Guidance on Plant-Based Milk Alternatives

The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives. The guidance indicates that plant-based milk alternatives can be labeled as...more

Hogan Lovells

FDA issues draft guidance on labeling of plant-based milk alternatives

Hogan Lovells on

On February 22, 2023, the U.S. Food and Drug Administration (FDA) issued a draft guidance document recommending that plant-based alternative milks that use “milk” in the name (e.g., “soy milk”, “almond milk,” “oat milk”), and...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

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

Mintz - Health Care Viewpoints

Regulatory Roundup: Important FDA Developments at the End of September 2022

There were so many interesting and significant developments related to the various missions of the U.S. Food and Drug Administration (FDA) during the last week or so of September 2022 that we decided to create a summary...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

ArentFox Schiff

What Is Healthy Food? FDA Proposes To Redefine the Term

ArentFox Schiff on

On September 28, 2022, the Food and Drug Association announced a proposed rule to redefine the implied nutrient content claim term “healthy” to more closely reflect current nutrition science and Federal dietary guidelines....more

Snell & Wilmer

FDA Proposes Updated Definition of ‘Healthy’ for Foods

Snell & Wilmer on

Today, the FDA proposed updated criteria for when foods can be labeled with the nutrient content claim “healthy” on their packaging. This proposed rule would align the definition of the “healthy” claim with current nutrition...more

Holland & Knight LLP

Indian Country Impacted by National Strategy on Hunger, Nutrition and Health

Holland & Knight LLP on

The White House released its National Strategy on Hunger, Nutrition, and Health on Sept. 27, 2022, ahead of the second-ever White House Conference on Hunger, Nutrition, and Health. Specifically, the 44-page paper calls on...more

Hogan Lovells

FDA to Propose Acacia (Gum Arabic) as a Dietary Fiber

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) recently granted a citizen petition concerning the classification of acacia (gum arabic) as a dietary fiber. As a result of the petition, FDA intends to propose to include acacia,...more

Ervin Cohen & Jessup LLP

New Dietary Guidelines "Make Every Bite Count"

On December 28, 2020, the U.S. Department of Agriculture and the U.S. Department of Health and Human Services released 2020-2025 Dietary Guidelines for Americans.  Dietary Guidelines have been published by the USDA and HHS...more

King & Spalding

EPA Chemical Risk Evaluations – Stakeholders Diverge on Whether and How EPA Must Include Dietary Exposures

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In the 2016 amendments to the Toxic Substances Control Act (TSCA), Congress directed EPA to evaluate the risk of all chemicals in U.S. commerce. The amendments also set specific deadlines for the initial sets of evaluations,...more

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