The US Food and Drug Administration (FDA), in September 2016, released on its website a document titled “Guidance for Industry: Use of the Term “Healthy” in the Labeling of Human Food Products”.  The nonbinding recommendations advise manufacturers on what foods may be labeled as “healthy”.  The FDA announces that it intends to exercise its enforcement discretion in cases where foods are labeled as specifically healthy depending on their content of particular kinds of fats.  Similarly, foods containing ten percent or more of the Daily Value of either potassium or vitamin D will be treated in the same manner.  Since the fats referenced (monounsaturated and polyunsaturated fats) have some beneficial properties compared to other fats, or are associated with diets perceived as healthful, presumably the FDA’s discretion will consist of allowing the use of the word “healthy” without regulatory interference.


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