On September 29, 2022, the U.S. Food and Drug Administration (FDA) issued a proposed rule to update the definition for the implied nutrient content claim “healthy”, which was set in 1994.

This rule, if approved, will revise the requirements for when the term “healthy” can be used as an implied claim in food labeling. Nuts, seeds, avocados and salmon are some examples of foods currently ineligible to bear the “healthy” claim based on the existing regulatory definition, but that would qualify under the proposed definition.

The FDA is proposing the definition for “healthy” to be consistent with current nutrition science and Federal dietary guidance, especially the latest edition of the Dietary Guidelines for Americans, 2020-2025. According to the Guidelines, a healthy dietary pattern incorporates protein foods, including nuts, and vegetable oils, such as nuts. Evidence shows that common characteristics of dietary patterns associated with positive health outcomes include relatively higher intake of vegetables, fruits, legumes and nuts, among other foods. Also, unsalted nuts are identified as nutrient-dense foods.

The INC, together with Prof. Jordi Salas-Salvadó, Chairman of the INC World Forum for Nutrition Research and Dissemination, posted a comment on FDA’s website pleading in favor of updating the definition of “healthy” and adjusting the baseline limit for saturated fat for the nuts category, as they provide essential nutrients for a healthy diet associated with the prevention of cardiovascular disease.

You can access INC’s comment in the following link: https://www.regulations.gov/comment/FDA-2016-D-2335-1431

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