NMPF Flags Bad FDA Labeling Rules to HHS
August 5, 2025
NMPF filed comments July 11 opposing FDA’s proposed Front-of-Pack labeling rule as well as two proposed plant-based labeling guidance documents published in response to a Department of Health and Human Services request for information.
In its comments to HHS, NMPF states that FDA’s Front-of-Pack nutrition labeling scheme is a highly flawed, unlawful approach to educating consumers about food nutritional profiles. The proposed rule violates the First Amendment’s prohibition on certain compelled commercial speech by focusing solely on saturated fat, sugar and sodium while ignoring the fact that dairy is a good or excellent source of 13 essential nutrients, NMPF states. The First Amendment requires compelled commercial speech to be factual, uncontroversial and related to a substantial government interest. NMPF has repeatedly pointed out to FDA that the proposed Front-of-Pack nutrition labeling fails to meet these legal requirements and therefore the proposed rule must be revoked.
“The proposed Nutrition Info box compels food manufacturers to carry a subjective, government-endorsed message that elevates three nutrients above all others, despite disagreement among nutrition experts and evolving science showing the importance of the complete food, especially in dairy products,” NMPF said in its comments. “We believe that compelling this messaging violates the commercial speech protections under the First Amendment.”
In its separate comments to HHS on plant-based guidance, NMPF calls attention to two proposed documents: “Labeling of Plant-based Milk Alternatives (PBMA) and Voluntary Nutrient Statements” published in the Federal Register Feb. 23, 2023, and “Labeling of Plant-Based Alternatives to Animal-Derived Foods: Draft Guidance for Industry” published in the Federal Register last Jan. 7.
Eliminating these plant-based labeling guidance documents directly aligns with HHS Secretary Robert F. Kennedy, Jr.’s mission of “making sure that providers and caretakers can focus on preventing and treating chronic diseases,” NMPF said in its comments. NMPF pointed to ample evidence that mislabeling has led to confusion among consumers regarding the nutritional deficiencies of plant-based alternatives.
“These documents mislead consumers, distort public understanding of healthful eating, and are both unlawfully promulgated and otherwise unlawful on numerous grounds,” NMPF said.
HHS is considering these comments as part of its broader deregulatory initiative.
