I was in my fourth year of practice as a food and beverage lawyer in 1994. That was the last time FDA defined what qualifies as a “healthy” food product. Now, over 30 years later (I'm in my 35th year of practice) FDA has finally updated that definition to make it consistent with modern scientific understanding and public health policy.

In April of 2025, FDA issued its final rule governing the use of the “healthy” claim on food labels. In order to qualify, the labels on these products are now required to:

• Contain a meaningful amount of food from at least one of the recommended food groups (e.g., fruits, vegetables, dairy, whole grains, or protein).
• Meet updated limits on saturated fat, sodium, and added sugars. For example, the sodium threshold for individual food items is now capped at 230 mg per serving.
• Prioritize whole foods and limiting added sugars.

Importantly, the rule creates an opportunity for some previously ineligible foods to begin using the “healthy” claim, including avocados, higher-fat fish such as salmon, olive oil, and some nuts and seeds. The rule also disqualifies some foods that meet previous nutrient thresholds through fortification but may otherwise be nutritionally poor (e.g., sugary cereals with added vitamins).

The new rule may create new marketing opportunities for some companies who can now call their food products “healthy.” Other companies may reformulate their products and revise their product labels to meet the new requirements. And with the new definition, plaintiffs' attorneys will almost certainly bring false advertising claims against products that previously qualified as “healthy” but no longer meet the updated standard.