David Joy Quoted in Packaging Digest Article on Impact of Regulatory Freeze on FOP Nutrition Labeling Proposed Rule

Keller and Heckman Partner David Joy was quoted in the Packaging Digest article, “FDA Issues Front-of-Pack Food Labeling Rule. How Will The Trump Freeze Affect It?” The article addresses how President Trump’s order for a regulatory freeze will affect the U.S. Food and Drug Administration’s (FDA) front-of-package (FOP) nutrition labeling rule.

David emphasized that the FOP rule “is only a proposed rule. It would likely take a few years to finalize in the ordinary course. And the public comment period is currently open until May 16, 2025.”

“Apart from any 60-day freeze,” David continued, “what will the new administration ultimately do with the FOP nutrition labeling proposed rule? They might take no steps to finalize it over the next four years, or they could finalize it with or without revisions, or they could withdraw it. I think anything is possible, and it’s early to predict,” he said.

“An additional complication is the White House’s recent ‘10-for-one’ executive order that generally requires federal agencies to identify 10 existing regulations that would be repealed for every one new regulation they adopt,” David added. “A similar ‘two-for-one’ requirement existed during the previous Trump administration, but it was not strictly enforced. So we’ll have to see what happens with ‘10-for-one’ this time around.

David also commented on FDA’s rule on the “healthy” claim, noting that “any manufacturer eager to start making ‘healthy’ claims under the new criteria will probably want to wait for some signal from the new administration as to whether it might want to propose revisions to the rule, but I wouldn’t expect a tightening of the criteria.”

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