On September 28, 2016, FDA announced it has started a public process to redefine the "healthy" nutrient content claim for food labeling. On December 1, 2015, FDA received a citizen petition requesting it amend the regulation defining the claim with respect to total fat intake and amend the regulation to emphasize whole foods and dietary patterns rather than specific nutrients. As a result, FDA has established a docket to receive information and comments on the use of this term generally, and as a nutrient content claim in the context of food labeling. FDA has also invited interested persons to comment on certain questions included at the end of the Federal Register request for comments notification. The comment period ends January 26, 2017. While FDA considers the comments and how to redefine the term, food manufacturers can use the term "healthy" on food that meet the current regulatory definition. Additionally, FDA has issued a guidance for industry titled "Use of the Term 'Healthy' in the Labeling of Human Food Products: Guidance for Industry," where FDA advises food manufacturers of its intent to exercise enforcement discretion with respect to the claim "healthy" on foods that have a fat profile of predominantly monounsaturated and polyunsaturated fats but do not meet the regulatory definition of "low fat," or that contain at least 10 percent of the Daily Value per reference amount customarily consumed of potassium or vitamin D.
FDA stated it is reevaluating the regulatory criteria for use of the implied nutrient content claim "healthy" in light of the latest nutrition science and current dietary recommendations, reflected in the 2015–2020 Dietary Guidelines for Americans. In these guidelines, scientific understanding and nutrition guidance has shifted from recommending diets low in total fat to no longer recommending limiting overall fat intake, and instead prioritizing increasing intakes of polyunsaturated and monounsaturated fats and decreasing intakes of saturated fat and trans fat. Additionally, FDA intends to update its regulations to be consistent with the final Nutrition Facts Label Rule. The guidance is immediately effective.
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