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White House Releases Strategy on Hunger, Nutrition, and Health

Posted on October 6, 2022

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

Posted on September 29, 2022

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

Posted on March 28, 2022

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

Posted on October 9, 2021

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

Posted on May 10, 2021

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

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FSIS Seeks to Expand Use of Term “Healthy”

Posted on March 27, 2020

Consistent with similar efforts by FDA, USDA’s Food Safety and Inspection Service (FSIS) is initiating rulemaking to update its regulations on the term “healthy” in line with FDA’s 2016

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As FDA Considers Revisions to the Regulatory Definition, a Federal Court Agrees That Consumers Are Not Misled by Coconut Milk Marketed as “Healthy”

Posted on August 19, 2019

Danone Dodges Deceptive Ad Suit Over Coconut Milk (Subscription to Law360 required)

The U.S. District Court for the Southern District of California on August 14, 2019 dismissed a proposed class

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Despite Gottlieb’s Exit, FDA’s Nutrition Innovation Strategy Marches Forward

Posted on April 16, 2019

As previously reported on this blog, FDA’s Nutrition Innovation Strategy (NIS) is intended to improve public health via education regarding, and encouraging innovation in, the use of nutrition to promote

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CA Judge Certifies Class in Kellogg False Advertising Cereal Lawsuit (Law360 Subscription Required)

Posted on August 22, 2018

On August 17, 2018, a California federal judge certified three classes of consumers who allege that Kellogg falsely advertises its Raisin Bran, Frosted Mini-Wheats, and Smart Start cereals as healthy.

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FDA Announces Public Meeting to Discuss Nutrition Innovation Strategy

Posted on June 27, 2018

In March, FDA Commissioner Dr. Scott Gottlieb announced a comprehensive, multi-year FDA Nutrition Innovation Strategy, which aims to modernize FDA’s approach to nutrition, help reduce the burden of chronic disease

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