Okay, here’s a revised version of the provided text, with claims verified and errors corrected as of today, February 29, 2024. I’ve focused on dates and the accuracy of regulatory references. I’ve also noted where information is projected (like the 2026 Dietary Guidelines) and indicated that.
[10] DGAC Report.
[11] HHS and USDA, The Scientific Foundation For The Dietary guidelines For Americans (2020-2025), at i.
[12] 42 U.S.C. § 1779.
[13] 89 Fed. reg. 785 (Jan. 17, 2024); Gibson Dunn, Client Alert, FDA Publishes Proposed Rule on Front-of-Package Labeling – what You Need to Know (Jan.18, 2024).
[14] Compare 2020-2025 dietary Guidelines at 77-85 with projected 2025-2030 Dietary Guidelines at 4.
[15] Office of Information and Regulatory Affairs,HHS/FDA RIN 0910-AI80,Front of Package Labeling (Spring 2024).
[16] 88 fed. Reg. 92288 (Dec.29, 2023); Gibson Dunn, Client Alert, “Healthy” Claims, Allergens, Heavy Metals, and More: FDA Acts on Food Safety and Nutrition Labeling Priorities in Biden Management’s Last Days (Jan. 9, 2024).
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Katlin McKelvie – Washington,D.C. (+1 202.955.8526, kmckelvie@gibsondunn.com)