As announced in a previous article, 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.

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 extending the comment period for the proposed rule to February 16, 2023, in response to a request from stakeholders to allow interested persons additional time to submit comments.

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