Kind Asks FDA To Update Its Healthy Definition

NEW YORK CITY -- Kind Healthy Snacks, with support from leading nutrition, health and public policy experts, is urging the U.S. Food & Drug Administration to update its regulations around the term healthy when used as a nutrient content claim in food labeling.

On Dec. 1, the company filed a citizen petition with the goal of addressing what it says are outdated regulations, as well as helping to ensure that the public receive sound and consistent guidance about nutrition.

The petition requests better alignment between food labeling regulations, the latest nutrition science and federal dietary guidelines.

Currently, the FDA mandates that the term "healthy" only be used as a nutrient content claim to describe foods that contain 3g. or less total fat and 1g. or less of saturated fat per serving. The exceptions are fish and meat, which are required by the regulation to have 5g. or less total fat and 2g. or less saturated fat per serving. Today's regulations preclude nutrient-rich foods such as nuts, avocados, olives and salmon from using the term healthy as a nutrient content claim.

"The current regulations were created with the best intentions when the available science supported dietary recommendations limiting total fat intake," said Kind chief executive Daniel Lubetzky. "However, current science tells us that the unsaturated fats in nutrient-dense foods like nuts, seeds and certain fish are beneficial to overall health."

In addition to requesting updates to the current nutrient content claim regulations, Kind is asking the FDA to implement a framework for regulating dietary guidance statements. Dietary guidance statements are different from nutrient content claims and would provide simple communications about the overall nutritional benefits of a food as part of a healthy diet. One example of a dietary guidance statement could be "eating nuts has been shown to be part of a healthy diet."

The idea of using dietary guidance statements to educate consumers is not a new concept. The 2003 final report from the FDA Task Force for the Consumer Health Information for Better Nutrition Initiative encouraged the use of information on general dietary patterns, practices and recommendations that promote health.

Today, regulations require that the majority of foods featuring a healthy nutrient content claim meet "low fat" and "low saturated fat" standards regardless of their nutrient density. Under current regulations, foods such as certain fat-free puddings and sugary cereals have the ability to use the word healthy as a nutrient content claim on their labels. This regulation, along with other federal standards that focus specifically on dietary fat, has caused food manufacturers to market products that are low in fat, but otherwise lack any nutrient density.

The chart here provides a few examples of what foods do and do not meet qualifications for healthy labeling under this regulation.

In drafting the petition, Kind sought support and advice from leading nutrition experts, including David Katz, MD, director of the Yale University Prevention Research Center and senior nutrition advisor to Kind.

"Unfortunately, the current regulatory approach for food labeling claims limits the ability of food producers to tell consumers that products containing certain ingredients -- such as nuts, whole grains, seafood, fruits, and vegetables -- are healthy and are recommended as part of a beneficial diet," Katz said. "The changes Kind is requesting would facilitate such communication and help Americans better understand how to choose nutritious foods more often."