AFOA’s General Counsel provided us with a memorandum on the long-awaited pre-published version of the final rule, Food Labeling: Nutrient Content Claims; Definition of Term ‘Healthy’.
This memorandum addresses how the Final Rule differs from the original 1994 “healthy” Rule and the 2022 Proposed Rule. Additionally, the memorandum summarizes the Final Rule’s complex criteria for when a food is eligible to make a “healthy” claim (in chart form). General Counsel also briefly discusses the potential impacts of the Final Rule. It concludes with a discussion of how the Final Rule is not fully aligned with some stated positions of the incoming Trump Administration and explains what further steps new leadership could take to change, revoke, or delay the Final Rule.