Free speech on health claims

AFFI also urged FDA to consider all nonspeech alternatives prior to taking any action that restricts the flow of commercial speech.

AFFI said FDA should regulate food labeling, including health, nutrient content, and structure or function claims to promote “public access and understanding of important developments and trends in nutrition and food science.”

The public’s need for information on food and health applies to both a conventional food or a dietary supplement, AFFI said. Companies have little incentive to develop new products if they cannot communicate their benefits.