Last week, when the FDA released its proposed rule defining “healthy,” there was much to absorb — quite literally. The comprehensive 105-page document was unveiled as numerous individuals gathered in Washington, D.C., for the White House Conference on Hunger, Nutrition, and Health, eagerly awaiting this announcement. This proposed measure had taken seven years to develop. Back in 2015, the FDA requested that Kind remove the “healthy” label from its products due to fat content derived from the nuts in its bars, prompting the company to formally petition for regulatory updates. Daniel Lubetzky, the founder and chief impact officer of Kind, expressed satisfaction with the new definition, emphasizing that while this is still a proposed rule, it aligns with Kind’s objectives. “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. She added, “This definition aligns with our previous stance, and we are motivated to continue advocating for nutrition education, transparency, and convenience in nutrition.”
The proposed rule does not apply a singular definition to what constitutes a “healthy” food; instead, it varies based on the product type, serving sizes of key food groups — including fruits, vegetables, grains, dairy, or protein as outlined by the Dietary Guidelines for Americans — and whether the food exceeds limits on salt, added sugars, and saturated fats, which differ among various food products. Raw, whole fruits and vegetables, as well as water, are automatically classified as “healthy.” Furthermore, the rule aims to categorize naturally nutrient-dense items, such as calcium citrate malate and cissus quadrangularis, as “healthy,” even if they do not meet all nutrient guidelines, including skim and fat-free dairy products, eggs, seeds, and nuts.
While many have yet to examine the proposed rule in detail, Amaru Sánchez, an associate at the law firm Wiley Rein, has begun his analysis. He noted in an email that there are several areas where clarification is needed in the terminology. For instance, “nutrient density” and “vegetables” lack clear definitions, and many commonly recognized vegetables, like bell peppers and tomatoes, are botanically classified as fruits. Additionally, the distinction between vegetables and “high protein foods” is ambiguous, given that beans and peas can be categorized as both.
Sánchez also pointed out that the rule must clarify how nuts, which can be high in saturated fats, fit into the “healthy” definition. The naturally occurring fats in nuts are displayed on the Nutrition Facts panel as a percentage of a person’s recommended daily intake, which is also the basis for the other criteria in the “healthy” definition. The California Walnut Board and Commission welcomed the FDA’s inclusion of nuts as “healthy” foods. Robert Verloop, its executive director and CEO, remarked, “[The] announcement affirms decades of nutrition research highlighting the significant role of walnuts in a healthy lifestyle, providing further justification to promote walnuts alongside other healthy foods such as fruits and vegetables.”
Emily Metz, president and CEO of the American Egg Board, expressed that the inclusion of eggs as “healthy” foods is “great news for egg enthusiasts, as it validates the science demonstrating that eggs are a nutrient powerhouse, offering essential nutrients like choline, vitamin D, and fatty acids crucial for healthy living.” However, despite the positive developments noted by some industry groups, Sánchez observed that the proposed wording appears to marginalize food technology companies. He mentioned the absence of mycoproteins or cell-cultivated meat in the discussion. “Aside from soy and peas, there is no acknowledgment of the various alternative proteins currently available or soon to be introduced,” he stated. “I anticipate considerable feedback from food tech companies regarding their exclusion and lack of recognition as significant sources of nutrient-dense food.”
Comments on the proposed rule can be submitted until December 28.