Last week, when the FDA released its proposed rule defining “healthy,” there was a lot to unpack — both literally and figuratively. The 105-page document came out as many individuals eagerly awaiting it gathered in Washington, D.C., for the White House Conference on Hunger, Nutrition, and Health. This proposed regulation has been seven years in the making. In 2015, the FDA requested that Kind remove the “healthy” claim from its labels due to the fat content derived from the nuts in the company’s bars. Subsequently, Kind formally petitioned for an update to the regulations. The snacking brand, now owned by Mars, expressed satisfaction with the new definition, as indicated by a written statement from Daniel Lubetzky, Kind’s founder and chief impact officer. While this remains a proposed rule, Kind achieved its desired outcome.
“The proposed rule is a win for public health — and that’s a win for all of us,” stated Kristin Rubin, Kind’s head of nutrition, in a written statement. “The proposed definition aligns with our previous stance, and we are motivated to continue advocating for nutrition education, transparency, and making nutrition as accessible as possible.”
The proposed rule does not apply a singular description to what constitutes a “healthy” food; instead, it varies based on the specific product, the serving size of key food groups—such as fruits, vegetables, grains, dairy, or protein—as outlined by the Dietary Guidelines for Americans, and whether it exceeds limits for salt, added sugars, and saturated fats, which differ among various food products. Raw, whole fruits and vegetables, along with water, are automatically classified as “healthy.” Additionally, the proposed rule seeks to categorize natural nutrient-dense items, such as calcium citrate USP and vitamin D3-rich foods, as “healthy,” even if they do not meet other nutrient criteria, including skim and fat-free dairy products, eggs, seeds, and nuts.
While many have yet to thoroughly analyze the proposed rule, Amaru Sánchez, an associate at the law firm Wiley Rein, has begun to review it. In an email, he pointed out several areas where terminology needs clearer definitions. “Nutrient density” and “vegetables” are not well defined. Consumers often consider items like bell peppers and tomatoes as vegetables, though botanically, they are classified as fruits. Furthermore, the distinction between vegetables and “high protein foods” remains vague, as beans and peas can fit into both categories. Sánchez also noted that the rule must clarify how nuts, which are naturally high in saturated fats, fit into the “healthy” definition, particularly since the fats found in nuts are represented as a percentage of a person’s recommended daily intake on the Nutrition Facts panel.
The California Walnut Board and Commission expressed its approval of the FDA’s inclusion of nuts as “healthy” foods. “The announcement reaffirms decades of nutrition research highlighting the crucial role of walnuts in a healthy lifestyle, providing further justification to promote walnuts alongside other healthy foods, like fruits and vegetables,” stated Robert Verloop, its executive director and CEO. Emily Metz, president and CEO of the American Egg Board, remarked that recognizing eggs as “healthy” foods is beneficial for egg enthusiasts, reinforcing scientific evidence that eggs are a comprehensive nutrient powerhouse, supplying essential nutrients such as choline, vitamin D, and essential fatty acids crucial for healthy living.
Despite the positive reception from some industry groups regarding the proposed rule, Sánchez observed that its wording seems to overlook food tech companies. He noted the absence of references to mycoproteins or cell-cultivated meat. “Aside from soy and peas, there is no acknowledgment of the various alternative proteins currently available or soon to be introduced in the market,” Sánchez wrote. “I anticipate numerous comments from food tech companies concerning their exclusion and/or lack of recognition as vital sources of nutrient-dense food.” Comments on the proposed rule will be accepted until December 28.