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Around the nation: FDA updates 'healthy' food definition for the first time in 30 years


Last month, FDA updated its definition of "healthy" food to align it with more modern nutritional guidance, in today's bite-sized hospital and health industry news from the District of Columbia, Maryland, and New York. 

  • District of Columbia: In December, the U.S. Supreme Court declined to hear an appeal challenging an Arkansas law that required pharmaceutical companies to offer discounts on drugs dispensed by contract pharmacies. According to Reuters, drugmakers have pushed back against the use of contract pharmacies in the 340B program for years, and in 2020, many implemented restrictions on 340B drug sales with contract pharmacies. In 2021, Arkansas became the first state to pass a law against the practice, with several others soon following. The Pharmaceutical Research and Manufacturers of America (PhRMA) and individual drugmakers have filed several lawsuits over these state laws. A district court and the 8th U.S. Circuit Court of Appeals both sided in favor of the Arkansas law, saying that federal 340B law requires the discounted sale of drugs but does not outline how they are delivered. In a statement, Arkansas Attorney General Tim Griffin (R) said the Supreme Court's decision was "a big win for Arkansas's drug access law," which "fills a gap in federal law that manufacturers previously exploited to deny equal drug access to rural patients." In response, PhRMA spokesperson Reid Porter said the organization continues to believe that the Arkansas law and similar laws are incompatible with federal law, the use of contract pharmacies in the 340B program was "abuse," and "federal policymakers need to step in to fix this vital safety net program." (Pierson, Reuters, 12/9/24)  
  • Maryland: In December, FDA updated its definition of "healthy" food for the first time in 30 years. According to STAT, the updated definition uses dietary guidelines for Americans released by HHS and the U.S. Department of Agriculture, which are set to be updated in 2025. Food companies can call their products "healthy" if they contain certain amounts of food groups considered healthy by the dietary guidelines (e.g., fruits, vegetables, protein, dairy, and grains). The products are also required to meet certain limits on saturated fat, sodium, and sugars. Under the updated definition, more foods can qualify as healthy, including higher-fat fish, such as salmon, nuts, seeds, and certain oils. However, it disqualifies other foods, such as cereals, that do not contain a certain number of whole grains or have more sugar than the maximum limit. Food labeling can be a powerful tool for change, said FDA food commissioner Jim Jones. "Food labeling, like 'healthy,' may help foster a healthier food supply if manufacturers choose to reformulate their products to meet the new definition." (Lawrence, STAT, 12/19/24)
  • New York: Towana Looney, a 53-year-old woman from Alabama, became the third person to receive a kidney from a genetically modified pig. According to STAT, Looney donated a kidney to her mother in the late 1990s and later suffered damage to her remaining kidney from high blood pressure following a pregnancy complication. Looney began dialysis in 2016 and has been on a waiting list for a kidney since 2017. On November 25, Looney received the kidney through a seven-hour surgery at NYU Langone Health. The kidney used in the transplant was created by Revivicor and had gene edits to remove immunogenic antigens and a porcine growth hormone receptor and add six human transgenes to reduce the likelihood of rejection. Since the surgery, Looney has not had to be on dialysis for the first time in over eight years. Looney is currently being monitored with wearable health trackers and continues to visit the hospital daily for in-person evaluation. "I am overjoyed," Looney said at a news conference after her surgery. "I'm blessed to have received this gift, a second chance at life." (Molteni, STAT, 12/17/24; Monaco, MedPage Today, 12/17/24)

Improve patient access to nutrition-reinforced diets

Explore best practice models for implementing programs to address food insecurity and improve patient access to nutrition-reinforced diets.


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