NMPF Fights Back on Flawed Labeling Regulations, Prepares for Regulatory Freeze
February 4, 2025
NMPF filed comments with the Food and Drug Administration Jan. 17 opposing its proposed rule that would require saturated fat, sodium and added sugar to be displayed prominently on the front of packaged foods.
The proposed nutrition label, referred to as the Nutrition Info box, would complement the existing Nutrition Facts label required on most food packages. However, because the front-of-pack label would only list saturated fat, sodium and added sugar, consumers will get an incomplete picture of that food’s nutritional profile. NMPF’s comments assert that FDA should withdraw the proposal because it is unlawful and unable to withstand a First Amendment challenge.
FDA also issued its second guidance document on the labeling of plant-based foods in January. This new document deals with plant-based food alternatives to animal products, including many foods in the dairy category, as well as eggs, seafood, poultry and meat.
The guidance excludes milk, which was covered in a 2023 guidance. The new recommendations suggest manufacturers prominently display more details about the ingredients used in a product, beyond just saying they are “plant-based.” NMPF submitted comments to FDA on Jan. 15 stating that the agency should be enforcing its own standards of identity as written and follow the lawful process of the Administrative Procedures Act.
Meanwhile, President Trump on Jan. 20 issued a memorandum directing all federal agencies to freeze all new or pending federal rules until the new administration has had an opportunity to review them. Similar freezes were issued in prior administrations. The 60-day regulatory freeze will affect the two proposed rules FDA issued in January, as well as FDA’s flawed “Healthy” final rule issued in December. NMPF continues to monitor these and other regulations, preparing for multiple outcomes when the freeze lifts.