Big food makers are pushing back against the FDA’s proposed update to what can be labeled “healthy," objecting to rules that would exclude products with high amounts of added sugar and salt, reports CBS News.
This recent update was the FDA’s first proposed change to the rule outlining the use of “healthy” on packaging since its implementation in the 1990s. The changes would mean that high-sugar, low-fat products that currently use the term would no longer be allowed to include it on a label.
Some manufacturers, including General Mills, have even called the proposed changes unconstitutional, citing a violation of the brand’s First Amendment rights.
“[The] rule precludes many objectively healthy products, including those promoted by the Dietary Guidelines, from engaging in truthful, non-misleading commercial expression—and these overly restrictive boundaries for 'healthy' violate the First Amendment," the brand wrote.
The Consumer Brands Association, whose members include Coca-Cola, PepsiCo, and the Campbell Soup Company, also wrote a letter signaling that the rule violates the First Amendment. The group also estimated that 95 percent of foods on the market would not qualify for a “healthy” label under the new requirements.
Kellogg’s commented on the FDA’s proposal that the rule “automatically disqualifies entire categories of nutrient-dense foods.”
The window for submitting public comments closed earlier this month. The FDA will review the feedback before finalizing the ruling. Full Story
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