FDA Webinar on the Updated Criteria for Making a “Healthy” Claim | By: Pooja S. Nair
Posted in Legal Bites
FDA Webinar on the Updated Criteria for Making a “Healthy” Claim | By: Pooja S. Nair

On April 10, 2025, the FDA held a public webinar on the updated criteria for companies to use the “healthy” nutrient content claim. This webinar tracked the final rule issued on December 27, 2024.

The updated criteria for a “healthy” nutrient content claim requires that a food product: (1) contain a certain amount of food from at least one of the food groups or subgroups recommended by the Dietary Guidelines for Americans (fruit, vegetables, grains, fat-free and low-fat dairy and protein foods), and (2) meet specific limits for added sugars, saturated fat and sodium.

The criteria for how much food from a particular food group is required, and the specific limits for the three individual nutrients vary for individual food products, mixed products, main dishes and meals. The specific limits are based on a Reference Amount Customarily Consumed, which is the basis for determining a serving size. Some changes were made from the initial proposed rule to the final rule regarding these specific limits.

The webinar featured FDA officials Dayle Cristinzio, Blakeley Fitzpatrick, Dr. Sarah Gebauer, Vincent de Jesus, and included a question and answer session for industry. A recording of the 40-minute webinar is available here.

In the past several years, “healthy” claims on product packaging and advertising have been targeted in class action lawsuits. It remains to be seen how the updated criteria will affect these cases.

This publication is published by the law firm of Ervin Cohen & Jessup LLP. The publication is intended to present an overview of current legal trends; no article should be construed as representing advice on specific, individual legal matters. Articles may be reprinted with permission and acknowledgment. ECJ is a registered service mark of Ervin Cohen & Jessup LLP. All rights reserved.

  • Pooja S. Nair
    Partner

    Pooja S. Nair is a Partner and Chair of the Food, Beverage and Hospitality Department.

    Pooja S. Nair is a business litigator with a proven track record of delivering creative, effective, and long-term solutions to complex legal ...

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