On February 25, the Food and Drug Administration (FDA) announced a delay in the effective date for its final rule updating the criteria to use the "healthy" nutrient content claim on food labeling. As we previously published, under this rule, manufacturers can label products as "healthy" only if they:
- Contain a specific amount of food from particular food groups (e.g., vegetables, fruits, grains, protein foods, low-fat dairy, and oils)
- Meet limits on saturated fat, sodium, and added sugars
The delay follows President Trump's memorandum, Regulatory Freeze Pending Review, which requires agencies to consider postponing the effective date of published rules (not yet in effect) for 60 days to allow further factual, legal, and policy review.
Key Dates & Compliance Requirements:
- New Effective Date: April 28, 2025 (previously February 25, 2025)
- Compliance Date: February 25, 2028 (unchanged)
- No Public Comment Period: The FDA has stated that public input on the delay is unnecessary
Venable's Food and Drug Law team is available to answer any questions regarding the impact of this delay on your business. Please contact the authors for further guidance.