KIND Snacks filed a citizen petition asking the FDA
to redefine the term, which is currently allowed to be
used only as a claim to describe foods that contain
three grams or less of total fat and one gram or less
of saturated fats per serving. The petition follows a
warning letter by the agency saying some of KIND’s
snack bars failed to meet these requirements.
Redefining what constitutes “healthy” food is a
contentious issue among the FDA’s initiatives to
modernize the Nutrition Facts panel to reflect new
scientific evidence.
The agency is also facing pressure to reduce what
some see as confusion and misleading information
on food labeling. U.S. Sens.
Richard Blumenthal,
D-Conn., and Edward J. Markey, D-Mass., along with
Reps. Frank Pallone Jr., D-N.J., and Rosa DeLauro,
D-Conn., introduced the Food Labeling Modernization
Act of 2015.
It would call on the Secretary of the
Department of Health and Human Services to
establish a standard front-of-package label that would
require breaking out added sugar content as well as
define terms such as “natural” and “healthy.”
Loeb & Loeb LLP’s FDA Regulatory and
Compliance Practice
Loeb & Loeb’s FDA Regulatory and Compliance
Practice comprises an interdisciplinary team of
regulatory, corporate, capital markets, patent and
litigation attorneys who advise clients on the full
spectrum of legal and business issues related to
the distribution and commercialization, including
marketing and promotion, of FDA-regulated products.
Focusing on the health and life sciences industries,
including pharmaceuticals, biologics, medical devices,
wellness products, dietary supplements and organics,
the practice counsels clients on regulatory issues,
compliance-related matters and risk management
strategies; advises on laws and regulations related
to product advertising and labeling; counsels on FDA
exclusivity policies and related Hatch-Waxman issues;
and provides representation in licensing transactions
and regulatory enforcement actions.
This report is a publication of Loeb & Loeb LLP and is intended
to provide information on recent legal developments. This report
does not create or continue an attorney client relationship
nor should it be construed as legal advice or an opinion on
specific situations.
For more information on any of these FDA regulatory
and compliance updates, please contact
Scott S. Liebman at sliebman@loeb.com.
4
© 2016 Loeb & Loeb LLP.
All rights reserved
.