New rules for healthy foods: ‘No’ to high levels of added sugar, ‘yes’ to alt-dairy

The U.S. FDA is proposing a new rule which requires foods labeled as healthy to be more consistent with current nutrition science – and, for the first time, places restrictions on added sugar. The current rule (established in 1994) sets limits on total fat, saturated fat, cholesterol, and sodium in foods labeled as healthy. It also defines minimum amounts of nutrients such as vitamin A, vitamin C, calcium, iron, protein, and dietary fiber. Following that rule, sugary ready-to-eat cereals can be labeled as healthy foods. Salmon or nuts, rich in healthy unsaturated fats, cannot.

Predictably, the proposed sugar requirement for foods labeled as "healthy" – less than 5% of the recommended maximum daily intake, or less than 2.5g per serving - is receiving some robust opposition from companies that market highly sweetened yogurts, cereals, or sugar-filled dried fruit.

Removing the limit on total fat for foods labeled as “healthy” may be less controversial. U.S. Federal dietary guidance has shifted from recommending diets low in total fat towards more nuanced advice that recommends increased intakes of monounsaturated and polyunsaturated fats and decreased intakes of saturated fat.

Pushing back against manufacturers who fortify highly processed food with vitamins and minerals to make a "healthy" claim, the new rule requires healthy foods to contain a minimum amount from the food group they claim to represent. If it's claiming to be a healthy fruit-based food, it's got to have at least ½ cup of fruit per serving. A healthy dairy-based food should have at least ¾ cup equivalent of a dairy product – although there is an exception here. The rule states, "Although FDA does not generally support fortification as a method to qualify for a "healthy" claim, fortification of soy beverage and yogurt alternatives and other plant-based beverage and yogurt alternatives are a special circumstance." Plant-based milk and yogurts that provide similar nutrients to conventional milk and yogurt can be labeled as “healthy”.

Vireo Advisors analyzes the complex business, technical and political landscapes for novel products and technologies, including alternatives to animal-based meat and dairy products. Since emerging technologies can be challenging to assess in terms of market potential, we help innovators understand the regulatory, consumer, and market requirements for performance, safety, and labeling, informing sound commercialization strategies and business planning. Our strategies help to overcome common sources of resistance to new technology adoption.

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