FDA's 'Healthy Labeling' Rule Stalls
Published: Friday, February 21, 2025
The following is from the American Dairy Coalition Inc.
The U.S. Food and Drug Administration's "healthy labeling" rule, was set to be implemented this year, but it looks to be paused, given the announcement last Wednesday that the webinar scheduled for this week to explain the final rule to the food industry has been postponed indefinitely.
It was rushed into the books five days before the Biden administration left town, along with more confusing new guidance on labeling of plant-based dairy products, such as cheese and yogurt, but excluding milk, which is addressed in a different FDA action.
In January, FDA also put forward a new front-of-package labeling rule to rank fat content as low, medium or high, based on percent of calories from saturated fat without regard for nutrient density. ADC is working on public comments for these additional labeling actions, due in May.
Does the "healthy labeling" postponement signal uncertainty on the eve of confirming a new HHS secretary? Or is it a response to a presidential order freezing new rules in-process?
Nutrient-dense healthy superfoods derived from animals—such as whole milk, most cheeses, including the popular high protein cottage cheese, as well as both unprocessed and processed meats—would be prohibited from making healthy label claims under this final rule, nor would they quality for the FDA stamp currently being designed to identify what is "healthy."
For example, whole milk would not qualify for the stamp and would not be permitted to make a nutrition health claim such as "good source of calcium" because even though it is a good source of calcium and a nutrient dense food, with the milkfat playing a role in absorption, it exceeds the limit on percentage of calories from saturated fat. Ditto for most cheeses that exceed either the fat or sodium limits, or both—as dictated by flawed Dietary Guidelines—despite the mountain of research the prior USDA/HHS screened out of the expert committee's consideration.
FDA has been working on this rule since September 2022, when the Biden-Harris National Strategy for Hunger, Nutrition and Health was launched. At that time, President Biden said it would be a "whole of government approach," doubling down on the Dietary Guidelines to put the priority on saturated fat and sodium over nutrient density, while giving ultra-processed foods a free pass.
On Sept. 28, 2022—the very day the preliminary "healthy labeling" rule opened for comment—President Biden stated: "People need to know what they should be eating, and the FDA is using its authority around healthy labeling so you know what to eat."
Meanwhile, scientific studies show whole, real, fresh, nutrient-dense foods are healthiest, containing key under-consumed nutrients of public health concern, but the low-fat federal nutrition policies discriminate against them.
ADC has worked with other groups in the public sector to change the narrative, presenting factual sourced comments about the health benefits whole milk and full-fat dairy products deliver. Will the new HHS secretary re-open rulemaking for thorough, transparent scientific reviews of these actions? We hope so.
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