IJ lawsuit against USDA and FDA for 1st amendment food labeling case

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Today, a customer and a small business owner filed a federal First Amendment lawsuit against the United States Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) over a policy that prevents businesses from truthfully labeling their food products. Customer Michelle Przybocki and Gourmend Foods Founder Ketan Vakil teamed up with the Institute for Justice (IJ) to challenge the regulation that prevents businesses from truthfully labeling their products as low-FODMAP, an acronym for foods that are made with easily digestible ingredients.

The government does not contend that these statements are false. The truthful information that Ketan and other business owners want to provide to customers like Michelle is banned only because it does not appear on the government’s outdated list of allowable “nutrient content claims.” Any nutrient content claims that are not on the list are forbidden.

I had not heard of this low-FODMAP diet before. I look forward to another IJ victory.
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