FDA's Renewed Focus on Food Claims Tightens Label Rules and Ad Scrutiny
02 November 2026
The FDA is taking a hard look at the health claims made on food labels and in ads. With its recent overhaul of "healthy" claim criteria, proposed front-of-package nutrition labels, and looming new packaging guidance, the regulator is tightening oversight of the information consumers see.
FDA regulations have imposed parameters for "healthy" claims since 1994. But the agency has just updated its definition. Under the new "healthy" criteria, avocados, salmon, and olive oil might qualify if they meet the rule's conditions. Meanwhile, manufacturers of fortified white bread, highly sweetened yogurts, and sugary cereals may need to scrap the "healthy" moniker.
The "healthy" claim overhaul comes amid the FDA's push to streamline front-of-package nutrition information. The agency published a proposed "Nutrition Info" front-of-package label in January 2025. The label puts key nutrients like saturated fat, sodium, and added sugars in plain view, graded as Low, Medium, or High.
Can Surge in Health Claims End Badly for Marketers?
But nutritional claims alone don't guarantee that a food product lives up to its label or ads. Here's where the FTC enters the picture.
The FTC and FDA have a shared mandate over food marketing. The FDA enforces claims in labeling—the package, product inserts and point-of-sale materials. The FTC is responsible for oversight of all advertising claims.
Either way, health claims should carry the weight of solid proof. According to the FTC, advertisers must have adequate substantiation for all objective claims. Those should be claims "likely to affect consumers' choice of or conduct regarding a product."
This requirement may add layers of complexity for health-oriented brands, especially those keen on touting scientific studies. The FTC calls on companies to be ready to show specific substantiation, usually through definitive studies in reputable scientific journals. Critiquing or dismissing negative studies doesn't amount to adequacy, the agency said.
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Implications for Brand Names and Label Messaging
Compliance gets more nuanced when a brand name or label might mislead consumers. Take a name like "Biocare" for a food product, for instance. That could give the impression of a healthful or eco-friendly product, even though the name itself isn't scientifically specific or substantiated like "Beta carotene fights cancer."
That's where trademark law comes into play, says a law journal note. Though not aimed at the average consumer, Section 43(a) of the Lanham Act allows business competitors to sue one another for, among other things, attempts to "pass off" one product as another.
A closer look may show that advertising, sales, or labeling practices are intended to confuse consumers into choosing a particular brand or product, according to the note. This could happen if one brand is closely associated with a specific health value, but competing brands start using similar terms or imagery.
Awareness, Prep and Monitoring are Key
The bottom line for food and health brand marketers: stay close to the FDA's and FTC's latest food labeling, health claim and advertising guidance. That will help in preparing labeled products for said markets, how they are advertised, and how their trademarks are used.
Consider establishing an internal review process when claims that need substantiation are communicated. Readily available substantiation documentation is a must. Get proactive in monitoring competitors, especially those of a similar product featuring a highly similar name or a nearly identical logo.
Vigilance is a winning strategy. In tandem, seek outside counsel as needed. This way, companies may more steadily navigate the FDA-FTC divide, the health claim overhaul, and advertising or health claim woes.