Comments filed with the FDA regarding its restrictions on use of the word “healthy”

Michael Harless Administrative Law, Health Law

Today, our firm filed comments with the FDA in response to the agency’s request for input regarding its regulation of the term “healthy” in the labeling of food.  In recent years, FDA’s current regulatory scheme has led to absurd results, such as where avocados and almonds were not considered healthy, while Poptarts and Frosted Flakes were.  Now FDA purports to replace its bad regulations with more regulations.

As our comments noted, even as FDA regulations designed to keep Americans healthy increase year over year, Americans now are more unhealthy than ever.

Our comments pointed out that the FDA should not be in the business of regulating the English language.  Central planning by government bureaucrats never works, especially when regulating a nation’s food supply.  The FDA’s current regulations on the use of the word “healthy” clearly are not working, but rather than adding to them, the FDA should repeal them.  Soon after taking office, President Trump ordered federal agencies to find ways to eliminate unhelpful regulations, and that is what the FDA should be doing.  Regulations like these do little to nothing to protect consumers, all the while increasing the cost for businesses to operate, who then are forced to pass the costs on to consumers.

Our comments were filed on behalf of the Center for Medical Freedom, The Senior Citizens League, United States Justice Foundation, and Downsize DC Foundation.

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