Consumer Product Food Labeling: Reaching a "Healthy" Balance
Earlier in 2021, the FDA issued a notice that it will be conducting preliminary consumer research on the use of a voluntary symbol that could be used to depict the nutrient content claim "healthy" on packaged foods. Congress has also introduced the Food Labeling Modernization Act of 2021 that would, among several things, require front-of-pack labels to include health-oriented symbols related to the nutrients in the food. All this comes at a time when consumers' demand for healthy food is driving manufacturers and other industry participants to innovate and share their brand developments. However, given the regulatory landscape (and a plaintiffs' bar ready to leverage any change in the law to attempt to open new fronts of often unfounded claims) associated with health claims, food companies are understandably wary of making claims about the health benefits or nutritional content of their products.
This White Paper discusses how industry participants can strive to reach a "healthy balance" when labeling their products, so as to provide consumers the information they seek and to promote the food's qualities and benefits, while mitigating potential litigation and regulatory risks.
