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FDA seeks to update the way the term “healthy” is used on the labels of foods sold in the United States, as explained in an enforcement guidance document released in September 2016. In this guidance, FDA expanded the list of nutrients that can be included in “healthy,” which were originally outlined in 1993. In addition, FDA updated its thinking on the health effects of certain types of fat. In this podcast, Ivan Wasserman, partner, Amin Talati Upadhye, and Sandy Almendarez, editor in chief, INSIDER, discuss FDA’s action on the word “healthy.”

FDA seeks to update the way the term “healthy” is used on the labels of foods sold in the United States, as explained in an enforcement guidance document released in September 2016. In this guidance, FDA expanded the list of nutrients that can be included in “healthy,” which were originally outlined in 1993. In addition, FDA updated its thinking on the health effects of certain types of fat. In this podcast, Ivan Wasserman, partner, Amin Talati Upadhye, and Sandy Almendarez, editor in chief, INSIDER, discuss FDA’s action on the word “healthy,” including:

  • FDA’s movements against KIND LLC using the word “healthy” on its labelling, and the argument the bar brand made that allowed it to keep the term on its packaging.

  • The definition of nutrient-content claims and how “low carb” claims are technically misbranded.

  • FDA’s traditional thinking of the term “healthy,” which determined it could only be used for products that contained certain nutrients and didn’t contain excess levels of other ingredients.

The shift of FDA’s thinking on what is beneficial for human health, and how the agency is better aligning its practices with the way consumers view their wellness.

Links and resources:

This podcast was recorded at the Council for Responsible Nutrition (CRN) annual conference in October 2016, and INSIDER apologized for the poor audio quality.

*BONUS* stay to the end of the podcast to hear a surprise song in line with the CRN Conference karaoke tradition.  

Got feedback? Email Almendarez at [email protected], or tweet to @NatProdINSIDER using the hashtag #INSIDERPodcast.

About the Author(s)

Sandy Almendarez

editor in chief, Informa

Sandy Almendarez entered the natural products industry in 2009 when she joined Virgo Publishing (now Informa Exhibitions) as an assistant editor. Since then, she's worked her way up to editor in chief where she writes, edits and manages content for INSIDER. Under Sandy’s direction, INSIDER has won editorial awards from Folio: every year since 2014, including B2B Editorial Team of the Year in 2015.

Ivan Wasserman

Partner, Amin Talati Upadhye

Ivan Wasserman is one of the nation’s premier attorneys for health, wellness, beauty and other consumer products. Companies of all sizes making, marketing and selling food, dietary supplements, cosmetics, over-the-counter drugs and medical devices praise the depth of his knowledge and experience, his humor and his ability to maintain the human perspective while leading them through this heavily regulated landscape. Frequently cited by the media as a legal authority, Ivan helps his clients launch products and create and execute advertising campaigns that match the clinical evidence they have for their products, paying close attention to the changing rules governing internet marketing, consumer testimonials and social media.

Ivan advocates for clients subject to the often overlapping jurisdictions of the U.S. Food and Drug Administration, the Federal Trade Commission,  and the U.S. Consumer Product Safety Commission.   When advertising disputes arise, he regularly represents companies before the National Advertising Division (NAD) and the Electronic Retailing Self-Regulation Program (ERSP). He has been included in Best Lawyers in America from 2007 – 2017.

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