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'Healthy' Food Labeling
In 2017-2018, the food industry can expect to see fundamental change in the regulations regarding use of the word “healthy” in food packaging, and showdowns over class actions challenging food label claims.
Current regulations and guidelines governing “healthy” claims on food labeling are, aside from some tweaks, largely unchanged since their promulgation in the early nineties. Fast-forward more than two decades, and there is now broad consensus that the regulations and guidelines are outdated in light of advances in our understanding of dietary and nutritional issues.
The Federal Food, Drug and Cosmetic Act prohibits the use of the term “healthy” (and its derivatives) on food labels when the food fails to meet certain nutrient conditions. Those conditions are set forth in Food and Drug Administration (FDA) regulations that became effective in January 1993. They include maximum levels of fat, saturated fat, sodium and cholesterol and encourage inclusion of certain vitamins and minerals such as vitamins A and C, calcium, iron, protein and fiber.
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