On February 15, 2023, WLF filed formal comments with the Food and Drug Administration urging it to abandon proposed changes to regulations governing which foods may be labeled “healthy.” WLF’s comment details the First Amendment problems with the Proposed Rule; it fails the Central Hudson test. WLF also explains why the Proposed Rule is arbitrary and capricious under the APA. It conflicts with the dietary guidelines that it is allegedly meant to promote.
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