Decoding “Healthy” – Understanding the New FDA Definition

Have you ever wandered through the grocery store, faced with what feels like endless aisles of options, and stopped at a product labeled 'healthy' because you trusted what that word means? Well, turns out, things are a bit more complicated than they seem. The FDA has been at the forefront of defining what 'healthy' means on food labels, and they just released an updated definition that’s set to go into effect in this year.

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New FDA Criteria for Labeling Food as "Healthy"

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L. Christine Lawson

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Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

With a focus on innovation, collaboration and client service. We are committed to delivering exceptional value to our clients and to the communities we serve. And now our latest episode.

In today’s episode of Womble Perspectives, we’re covering a recent post from our Law Meets Science blog outlining how the FDA is updating the term “healthy.” In addition to consumers, this updated definition could have an impact on those involved in food and beverage regulation and litigation. So let’s dig in.

Have you ever wandered through the grocery store, faced with what feels like endless aisles of options, and stopped at a product labeled 'healthy' because you trusted what that word means? Well, turns out, things are a bit more complicated than they seem. The FDA has been at the forefront of defining what 'healthy' means on food labels, and they just released an updated definition that’s set to go into effect in this year.

The FDA first defined the term ‘healthy’ for food labels all the way back in 1994. At the time, it was groundbreaking—but as you can imagine, 1994 was light-years ago in terms of what we know about nutrition today.  

Fast forward to December 19, 2024. The FDA finalized an updated definition that takes into account today’s understanding of nutrition science, dietary patterns, and chronic diseases linked to food choices. The updates will officially come into effect on April 28, 2025, and they’ll set a higher standard for foods that can use the ‘healthy’ label.  

But not everything will make the cut. This revised definition has stirred the pot, challenging manufacturers and raising interesting questions for consumers. So, what made the cut this time around? Things like olive oil, salmon, and eggs are now considered 'healthy,' while products high in added sugars, saturated fat, or sodium are under stricter scrutiny. 

Now, here’s where it gets a bit technical. To meet the FDA’s new ‘healthy’ definition, a food must check two key boxes. First, it has to contain a minimum amount of food from at least one recommended food group or subgroup like fruits, vegetables, grains, dairy, or protein. These recommendations align with the Dietary Guidelines for Americans.  

Second, the product must fall within strict limits for added sugars, saturated fats, and sodium. For example, if a product exceeds these limits—even if it’s nutrient-dense otherwise—it won’t qualify as ‘healthy.’ 

Two key acronyms also come into play. The first is FGE, or Food Group Equivalent. For instance, one half cup of veggies counts as one FGE. The second is RACC, meaning Reference Amount Customarily Consumed. This defines a standard portion size for foods and is critical in determining whether something meets the definition. For example, a protein food needs to include at least 1 ounce-equivalent of protein to meet the criteria.  

Here’s a real-world example to tie it together. Take a pre-packed grain and vegetable bowl, for example. To label it ‘healthy,’ not only does it need the proper FGEs from grains and veggies, but it must also stay within the limits for sodium and added sugar. It’s that combination of nutrient density and low thresholds for unwanted ingredients that qualify a food as ‘healthy.’  

Another question the FDA addressed: are there any foods exempt from these rules? Some items like water, unsweetened coffee or tea with fewer than 5 calories per serving automatically qualify as ‘healthy.’ Similarly, single-ingredient foods like fruits, veggies, and certain whole grains are safe bets.  

But what about categories like meals, main dishes, and mixed foods? Not all of these make the cut. Here's the gist of how those are defined under this new guidance:

Mixed foods combine elements from multiple food groups, such as a fruit and nut mix. These must meet nutrient and portion criteria for each component.

Main dishes need to weigh at least 6 ounces per serving and provide contributions from at least two main food groups.

Meals, defined as heavier in weight, need to represent multiple food groups and meet additional serving-size requirements.  

Essentially, the FDA wants to ensure that foods labeled ‘healthy’ still adhere to balanced nutrition principles, even when they combine elements from various groups. This will likely impact how meal kits, pre-packaged lunches, and other multi-component products are labeled moving forward. 

So, why all the fuss about these new standards? Well, for one, these updates prioritize real, wholesome foods over ultra-processed alternatives. The aim is to make it easier for consumers to identify genuinely nutrient-dense foods in the grocery store.  

For manufacturers, though, it’s not as simple. The ‘healthy’ label remains voluntary, but choosing to use it doesn’t just involve slapping the word on your packaging. Companies will need to maintain detailed documentation proving compliance with these FDA standards for inspections. While this is a step towards transparency, it also presents challenges for smaller producers navigating these requirements for the first time.

Thank you for listening to Womble Perspectives. If you want to learn more about the topics discussed in this episode, please visit The Show Notes, where you can find links to related resources mentioned today. The Show Notes also have more information about our attorneys who provided today's insights, including ways to reach out to them.

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