AHPA responds to proposed FDA legislation: Supplements “should bear healthy claims”

28 Feb 2023 --- Dietary supplements should be exempted from proposed legislation that redefines what is “healthy” according to the American Herbal Products Association (AHPA). In submitted comments, the organization urges the US Food and Drug Administration (FDA) to change its proposed rule to update “healthy” claims for food products.

In the proposed FDA rule, foods may bear a “healthy” claim when they contain a specific quantity from a particular food group or equivalent and meet added sugar, sodium and fat limits. Most supplements would not comply with these requirements, states the AHPA. 

Robert Marriott, AHPA director of regulatory affairs, notes, “dietary supplements, unsweetened coffees and teas, and herbs and spices should be able to bear ‘healthy’ claims.” 

“We have expressed this position to FDA in our comments, among other requests that support uses of the term 'healthy’ that will help consumers make beneficial diet choices.” 

The organization argues that prohibiting the use of “healthy” claims on supplements would create confusion amongst consumers and be inconsistent with the goals of the proposed rule and the Dietary Guidelines for Americans to promote healthy dietary practices. 

Suggested changes 
As the proposed change could prohibit the use of “healthy” on any dietary supplement, the AHPA requests the FDA to exempt supplements from the claim requirements altogether. 

The rule could create consumer confusion regarding the benefits of supplements, especially if conventional food products that contain comparable or lower amounts of nutrients are entitled to be “healthy,” adds the organization. 

It would also create confusion regarding authorized claims on supplements that use the word “healthy,” such as claims that a nutrient maintains a healthy structure or function. It is unclear to what extent these claims would still be authorized with the proposed rule. 

The AHPA requests the FDA to exempt supplements from the proposed “healthy” claim requirements.The AHPA encourages the FDA to permit “healthy” claims for unsweetened coffees and teas and for products consisting of single or mixed herbs that do not include sodium, added sugars, or saturated fats. 

According to the organization, this would stimulate consumers to use such products over less healthy alternatives. 

AHPA also recommends the FDA refrain from reducing sodium limits applicable to “healthy” claims due to a lack of new evidence supporting such a reduction. 

The case for dietary supplements 
In case the FDA rejects its proposal, the AHPA suggests two alternatives. 

The FDA could exempt supplements from the proposed food group equivalent requirements. Most will not be able to meet these requirements, even though supplements can promote a healthy dietary pattern. 

Alternatively, the FDA could revise the rule to allow “healthy” claims on supplements containing vitamins and minerals essential in human nutrition, including nutrients of public health concern. 

“Dietary supplements are intended to support a healthy diet and lifestyle and, as per the current dietary guidelines, a healthy diet can include herbs and herbal products,” notes Marriott. 

Michael McGuffin, AHPA’s president, adds: “AHPA and our members know dietary supplements and herbal products inside and out; these products can help consumers maintain healthy dietary patterns.” 

“We will continue to advocate for these products to be able to bear ‘healthy’ claims.”

Proposed FDA rule 
Currently, the food labeling regulation sees the term “healthy” as an implied nutrient content claim. It establishes specific criteria for these claims on the levels of (saturated) fat, cholesterol and other nutrients present in different food categories permitted to make these claims. 

The FDA issued the proposed rule to update the regulation to align it with current federal dietary guidelines better. 

The AHPA requests further enforcement discretion for products already on the market at the time of the revised rule’s compliance date. 

By Jolanda van Hal