You’ve worked hard caring about and developing your food product. You know what’s in it and you selected the best ingredients because it matters to you what goes into your customers bodies. But just because you think it’s “healthy” doesn’t necessarily mean you can label your product that way without knowing the law.
Whether you can call your product “healthy” depends on a number of factors. The first thing to figure out is what laws apply to your product. If you import food into the United States, you are most likely governed by the Federal Food, Drug, & Cosmetic Act and subject to the FDA’s definition of “healthy.” Most processed and packaged foods (excluding primarily meat and poultry products) will fall into this category.
The term “healthy” -- or any similar term -- can only be used if your food meets certain nutrient requirements for total fat, saturated fat, cholesterol, sodium and certain other nutrients. Note that if your food does not meet the low fat requirement, the FDA will give you a pass so long as the mono and polyunsaturated fats comprise the majority of the total fats.
It’s important to do an analysis before you label your product healthy and put them on shelves. The FDA has pursued legal action against businesses that have failed to follow the regulations, costing the businesses a lot of money in legal fees and fines.
You are also subject to U.S. state consumer fraud laws, which prohibit false or misleading statements. The question you should ask is whether your particular use of the word “healthy” is false or misleading in any manner. Because the answer to what is “healthy” is subject to individual viewpoints, it’s best to describe on the label why the particular food item is healthy. Or maybe couple the term with other descriptors, such as “healthy vegan lentil soup.” This lets your customer know that your health claim relates to its vegan quality.
To learn more about permissible claims or have your label reviewed for compliance, please visit the US Imports website for more information.
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