- 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
Healthy
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…
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New Lawsuit Comes Amidst Push to Exclude Juice From “Healthy” Definition
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Coca-Cola’s Juice Boxes Not Actually Healthy, Class Suit Says (subscription to Law360 required)
- 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
FDA Asked to Allow “Healthy” Claims on Coffee
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- As we have previously blogged, last September FDA released a proposed rule with criteria for making “healthy” claims. In the proposed rule, FDA requested “comment on the eligibility of
White House Releases Strategy on Hunger, Nutrition, and Health
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- On September 27, 2022, the White House announced the release of a strategy which aims to address food insecurity and diet-related diseases by 2030.
- The five pillars of the strategy
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FDA Proposes Updated Definition for “Healthy” Claim
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- On September 28, 2022, FDA announced that it had issued a proposed rule with criteria for when foods can be labeled with the claim “healthy” on their packaging. The proposed
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FDA Seeks OMB Approval of Consumer Research Plans for “Healthy” Symbol
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- We reported on FDA’s May 7, 2021 announcement of plans to conduct quantitative research studies to explore consumer responses to draft Front of Pack (FOP) symbols that manufacturers could voluntarily
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Welch’s to Settle ‘Healthy Heart’ False Ad Dispute
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Welch Inks $1.5M Deal To End Grape Juice False Ad Suit (Law360 Subscription Required)
- Welch Foods Inc. (“Welch”) is seeking preliminary approval for a nationwide settlement of a class action
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FDA Notice Concerning “Healthy” Symbol
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- Since launching in 2018, the FDA Nutrition Innovation Strategy (NIS) has included the possibility of FDA introducing a new symbol that could be used to convey the nutrient content claim