- On October 8, 2025, Governor Newsom signed the “Real Food, Healthy Kids Act,” making California the first state to define ultraprocessed foods (UPFs) and prohibit them in schools.
- California’s AB
Healthy
Texas Attorney General Investigating “Healthy” Claims in Cereal
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- On April 5, 2025, Texas Attorney General Ken Paxton announced an investigation of W.K. Kellogg Co. (Kellogg) for potential violation of Texas consumer protection laws, alleging that Kellogg’s marketing of
Texas Senate Approves Two Bills Aimed at Artificial Food Additives
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- On March 12, the Texas Senate unanimously passed SB 25. While the bill, as currently drafted, does not ban the use of any food additives, it would require food
FDA Delays Effective Date for ‘Healthy’ Rule
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- FDA has delayed the effective date of the final rule on use of the term “healthy” in food labeling until April 28, 2025, in response to a presidential memorandum recommending
FDA to Hold Webinar on Updated “Healthy” Claim
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- FDA currently plans to hold a webinar on February 20, 2025, to provide an overview on the updated definition of the nutrient content claim “healthy.”
- As we discussed on this
FDA To Publish Final Rule Defining “Healthy” Claims
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- On December 19, 2024, FDA released the pre-publication of the final rule updating the definition for the implied nutrient content claim, “healthy.” The final rule will be published in the
Consolidated Appropriations Act of 2024 Protects Food Companies Against Lawsuits Targeting Healthy Claims
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- FDA is in the process of updating its regulatory definition of the term “healthy” when it appears as an implied nutrient content claim on food labels. See FDA’s proposed rule
FDA Lists Regulations Under Development and Updates Priority Guidance Topics for Foods Program
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• The U.S. Food and Drug Administration’s (FDA’s) Foods Program has posted a new website listing regulations it plans to publish by October 2024 and long-term regulations it is prioritizing…
Continue Reading FDA Lists Regulations Under Development and Updates Priority Guidance Topics for Foods Program
New Lawsuit Comes Amidst Push to Exclude Juice From “Healthy” Definition
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- We have reported on FDA’s proposed rule for when foods can be labeled with the claim “healthy”
Proposed Class Action Tossed After Judge Ruled FitCrunch Bar’s “Fit” Claim Not Misleading (Law360 Subscription Required)
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- On March 3, 2023, Judge Buchwald of the U.S. District Court for the Southern District of New York permanently tossed a proposed class action claiming that Pervine Foods’ FitCrunch protein