The Food and Drug Administration has released a long-awaited final rule updating its definition of “healthy” foods, emphasizing fresh produce, whole grains and pulses with limits on added sugar and sodium.
The goal of the rule, in conjunction with other initiatives like front-of-package nutrition labeling, is to make it easier for consumers to find foods that align with healthy diets, based on the latest dietary guidance.
“It’s critical for the future of our country that food be a vehicle for wellness,” said FDA Commissioner Robert Califf, in a release. “It is vital that we focus on the key drivers to combat chronic disease, like healthy eating. Now, people will be able to look for the ‘healthy’ claim to help them find foundational, nutritious foods for themselves and their families.”
The finalized rule marks the first updated definition of what can be labeled as "healthy" since 1994. The agency proposed the rule in 2022 on the heels of the White House Conference on Hunger, Nutrition and Health.
Under the new guidance, a food labeled as “healthy” must include certain amounts of a food from at least one of the Dietary Guidelines for Americans food groups or subgroups. This includes fruits, vegetables, protein foods, dairy and grains. These foods must also meet limits on saturated fat, sodium and added sugars.
The previous definition included limits on saturated fat, sodium, total fat and dietary cholesterol.
Under the new definition dairy products have an added sugar limit of 5% daily value, and a 10% daily value limit on sodium and saturated fat.
Nutrient-dense foods encouraged by the DGAs like vegetables, fruits, whole grains, fat free and low-fat dairy, lean game meat, seafood, eggs, and pulses automatically qualify as “healthy” if there are no added ingredients. The previous definition excluded foods like nuts, seeds, olive oil and salmon.
Fortified white bread, “highly” sweetened yogurt and cereal no longer qualify under the new definition.
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The Sugar Association has accepted previous DGA recommendations limiting added sugars to 10% of total calories, but criticized the "healthy" definition for suggesting limits beyond this. In a statement, the group argued the new definition "arbitrarily excludes many foods containing added sugars that are key providers of essential nutrients, such as fruit yogurt."
The new definition would instead incentivize additives like low-and no-calorie sweeteners in food, the group said.
"At some point, the government needs to acknowledge that we don’t have a good grasp on how pervasive these low- and no-calorie sweeteners have become in our food supply, unbeknown to most Americans," said Courtney Gaine, CEO and president of Sugar Association, in a statement. "It is past time we bring some transparency to these additives like we have for added sugars.”
International Dairy Foods Association criticized the updated definition as too narrow and said few foods including many dairy products will be able to label itself as "healthy." The group said many Americans are not consuming enough dairy and getting those essential nutrients, and the rule would put dairy further out of reach.
In a statement, IDFA urged FDA to reopen the rule for comment "with the intent of creating practical policy that benefits all people and families."
Now, agencies will continue to develop labels for the “healthy” symbol that manufacturers can use to indicate products meet the new definition, FDA wrote in a release.
The American Heart Association said it was “past time” to update the definition, and was pleased to see the latest movement.
“The updated definition should give consumers more confidence when they see the ‘healthy’ claim while grocery shopping, and we hope it will motivate food manufacturers to develop new, healthier products that qualify to use the ’healthy’ claim,” said Nancy Brown, CEO of AHA.
However, she acknowledged in a statement that the claim is voluntary and may only appear on a limited number of packages. She stressed that the FDA needs to release a proposed rule for front-of-pack labeling to accompany the final healthy rule.
Similarly, Eva Greenthal, senior policy scientist at the Center for Science in the Public Interest, said in a statement that the "healthy" rule will have a limited impact because it only applies to the limited products voluntarily using the claim. She continued that the most effective tool the Biden administration could use is advancing rules on mandatory front-of-pack labeling.
"Our diet-related chronic disease epidemic is fueled by excess consumption of junk foods, rather than insufficient marketing of healthy foods," Greenthal said. "By moving forward to require front-of-package labeling in addition to this final rule defining “healthy,” FDA can effectively address both."
Last month, the agency sent its proposed rule on front-of-package labeling to the White House Office of Management and Budget, signaling a possible push to release the guidance before President Joe Biden leaves office on Jan. 20.
During a press call Thursday, Jim Jones, deputy commissioner of the Human Foods Program at FDA said the labeling proposal remains a priority, and the agency is working "really hard" to get it published before the end of the administration.
