Industry and consumer stakeholders recommend hybrid approach to defining “healthy” (subscription to Law360 required)

  • As previously covered on this blog, on September 28, 2016, FDA called for public comments on the use of the term “healthy.” Comments will be accepted through April 26, 2017. In addition to accepting written comments, FDA recently held a public meeting on this topic on March 9, 2017.
  • During the March 9, 2017 public meeting, industry and consumer stakeholders suggested a hybrid approach to defining “healthy.” For example, one leading food company presented a framework for defining healthy via a rubric that ranked foods by their nutritional makeup. Under that proposal, foods like avocados, nuts and seeds would qualify as healthy, while margarine and french fries would not. Another company proposed a definition of healthy that would not contain a threshold for “good” nutrients, but rather would contain a “meaningful amount” of foods that comprise a healthy diet.
  • To date, FDA has received nearly 900 comments on the definition of “healthy.” Parties interested in submitting written comments or receiving a detailed summary of the March 9th meeting are invited to contact us at