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Food & Nutrition
HHS and USDA Host Oral Comment Meeting on 2025 DGAC Scientific Report
The HHS and USDA held a public meeting for the Departments to hear oral comments from the public on the 2025 Dietary Guidelines Advisory Committee’s (DGAC) Scientific Report. During the meeting, the Departments heard oral comments from over 70 healthcare professionals, industry representatives, public health groups, and members of the public. Several commenters expressed either support or opposition to the Committee's recommendations to emphasize plant-based proteins while reducing red and processed meat consumption. Others also voiced mixed feedback on the DGAC’s decision to not recommend limiting ultra-processed food (UPF) consumption, with some supporting the need for further research and others arguing that the Committee should have included recommendations to reduce their consumption, regardless of the lack of scientific evidence. The public comment period on the Scientific Report remains open until February 10, 2025.
FDA Publishes Front-of-Package Nutrition Labeling Proposed Rule
The FDA published a proposed rule that would require mandatory, interpretive front-of-package (FOP) nutrition labels on packaged foods and beverages. Under the proposal, most foods will be required to display a black and white FOP nutrition label referred to as the Nutrition Info Box that contains information on the relative amount of certain nutrients to limit (i.e., saturated fat, sodium, and added sugars) in a serving of the food based on the percent Daily Value (DV) of each nutrient. This DV is then labeled as “Low,” “Medium,” or “High” based on specific thresholds. The FDA determined that the Nutrition Info scheme performed best in helping consumers identify healthier food options, informed by the agency’s nutrition labeling scientific literature review, consumer focus groups, and experimental study on FOP nutrition labeling. The agency will host a webinar to provide an overview of the proposal, with more information on the event forthcoming. Written public comments on the proposed rule are open until May 16, 2025.
FDA to Revoke Color Additive FD&C Red No. 3 in Food and Ingested Drugs
The FDA issued an order revoking the authorization for FD&C Red No. 3 in food and ingested drugs, citing the Delaney Clause of the Federal Food, Drug, and Cosmetic Act (FD&C Act), which prohibits the authorization of additives if it has been found to induce cancer in humans or animals. The FDA’s decision comes in response to a 2022 color additive petition, based on data indicating that high levels of FD&C Red No. 3 caused cancer in male laboratory rats. Despite the agency affirming that FD&C Red No. 3 does not cause cancer in humans, the Delaney Clause renders FD&C Red No. 3 “unsafe” as a matter of law. Manufacturers are required to reformulate their products by January 15, 2027, for foods, and by January 18, 2028, for ingested drugs.
On a related note, several states have introduced legislation seeking to prohibit FD&C Red No. 3 from the state’s food supply and/or from being included in school meals. States such as Arizona, Arkansas, Connecticut, Delaware, Indiana, Missouri, New Jersey, New York, Oklahoma, Oregon, Texas, and Virginia will consider legislation during their respective 2025 legislative sessions.
FDA to Host Webinar on Nutrient Content Claim "Healthy" Final Rule
The FDA is hosting a stakeholder webinar to provide an overview of the agency’s final rule, Nutrient Content Claims, Definition of Term: Healthy, on February 20, 2025. The final rule, published in December 2024, will revise the requirements for when the nutrient content claim "healthy" can be voluntarily used in the labeling of food products to reflect current nutrition science and federal dietary guidelines. The final rule requires that to bear the “healthy” claim a food needs to: 1) contain a certain amount of food group from at least one food group or subgroup recommended by the Dietary Guidelines; and 2) adhere to specific limits for saturated fat, sodium, and added sugars. Registration to attend the event is now available and the deadline to submit stakeholder questions is January 31, 2025.
FDA Issues Request for Information on High-Protein Yogurt
The FDA issued a request for information (RFI) to seek information to understand current manufacturing practices and ingredients used to make high-protein yogurt. The agency is requesting information regarding the usage of various names for high-protein yogurt (e.g., Greek yogurt, Greek-style yogurt), including specific company practices, trade conventions, and consumer studies. The RFI comes as the FDA received comments from the yogurt industry that the existing yogurt standard of identity (SOI) may not align with certain manufacturing processes and ingredients used to concentrate protein to manufacture high-protein yogurt. Written public comments on the RFI are open until April 15, 2025.
FDA Issues Requests Information on Poppy Seeds
The FDA issued a request for information (RFI) to seek information on the growing, harvesting, and post-harvest processes used for poppy plant crops, including types of equipment used and cleaning practices. The agency is also requesting information on methods to monitor and control opiate alkaloid levels and details about the supply chain, including activities conducted during distribution that could reduce or otherwise affect opiate alkaloid content. The RFI comes as FDA received reports of adverse events related to the use of some poppy seed products, with the scientific literature and preliminary surveillance sampling showing that poppy seeds may have varying amounts of opiate alkaloids and that opiate alkaloids may be present on poppy seeds or in poppy seed-containing foods. Written public comments on the RFI are open until April 15, 2025.
HHS and USDA Request Public Comment on Alcohol Consumption Reports
The HHS and USDA are requesting public comments on two complementary reports on the relationship between alcohol and health. The findings from the National Academies of Sciences, Engineering and Medicine (NASEM) report and the Interagency Coordinating Committee on the Prevention of Underage Drinking (ICCPUD) draft report will be considered by the Departments to inform the development of guidance on alcoholic beverages in the 2025-2030 Dietary Guidelines for Americans. Written public comments on the two reports are open until February 14, 2025.
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