FDA 'Healthy' Labels Put on Hold—Junk Food Rejoices
Published Date: 2/25/2025
Rule
Summary
The FDA’s new rule about what foods can be labeled “healthy” is now delayed until April 28, 2025, thanks to a presidential pause on new regulations. This affects food makers who need to update their labels to meet the new standards. The delay gives everyone more time to get ready without rushing or extra costs right now.
Analyzed Economic Effects
7 provisions identified: 5 benefits, 2 costs, 0 mixed.
New Food-Group Framework and Nutrient Limits
To bear a 'healthy' claim, individual foods, mixed products, main dishes, and meals must meet food group equivalents (FGEs) and specific limits for added sugars, saturated fat, and sodium based on a percentage of the Daily Value. The rule establishes a framework based on food groups recommended in the Dietary Guidelines, 2020-2025.
Two-Year Records Requirement for 'Healthy' Claims
If the food’s food group equivalent (FGE) is not apparent from the label, businesses that use the 'healthy' claim must establish and keep certain records for at least 2 years after the product is introduced or delivered for introduction into interstate commerce. During an inspection, those records must be provided to FDA upon request for review or copying.
Effective Date Delayed to April 28, 2025
The rule that defines when foods can be labeled "healthy" will not take effect on February 25, 2025 as originally scheduled; its effective date is postponed to April 28, 2025. The rule’s compliance date remains unchanged and the final rule states the compliance date is in 2028.
New 'Healthy' Definition Aims to Help Consumers
The final rule updates when the term "healthy" and related words can be used on food labels to help consumers identify foods that can serve as the foundation of a nutritious diet consistent with the Dietary Guidelines, 2020-2025. The rule establishes parameters for using the term as an implied nutrient content claim on labels.
Certain Single-Ingredient Foods Automatically Qualify
Individual foods or mixed products made only of encouraged foods from the Dietary Guidelines (for ages 2 and older) with no other added ingredients except water—such as vegetables, fruits, whole grains, fat-free and low-fat dairy, lean meats, seafood, eggs, beans, peas, lentils, nuts, and seeds—automatically qualify for the 'healthy' claim without meeting FGEs and nutrient-limit requirements.
Low-Calorie Water, Tea, Coffee Automatically Qualify
All water, and tea and coffee that contain less than 5 calories per reference amount customarily consumed and per labeled serving automatically qualify to bear the 'healthy' claim under the rule.
Voluntary Early Implementation Allowed
Although the compliance date remains as set in the final rule (in 2028), the FDA stated that parties are free to begin implementing the 'healthy' claim requirements earlier than the compliance date if they choose to do so.
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