Snack bar manufacturer KIND LLC made headlines last year after FDA issued it a warning letter stating its fruit and nut bars contained too much saturated fat to meet the necessary standards needed to warrant the “healthy” claim. KIND took corrective actions that included removing and amending some of its nutrient content claims on product labels and labeling. FDA later concluded the company satisfactorily addressed the violations outlined in the warning letter. This month, FDA confirmed KIND could continue to use the “healthy and tasty” claim on its packaging since it is presented as a corporate philosophy and not a representation of a nutrient content claim.

After receiving the warning letter, KIND evaluated FDA’s current two-decade old regulation standards and ultimately petitioned the regulatory agency to update the requirements. KIND argued its snack bars failed to meet saturated fat requirements because the products included a primary ingredient of nuts, which are now commonly thought of as nutritionally beneficial in correct portions. The company also noted FDA’s regulations preclude other foods considered good for you (such as avocados and salmon) from using the term “healthy,” while they allow products like pudding, sugary cereals and low-fat toaster pastries to use it.

“While we’ve made strides toward positive change on the policy and consumer education fronts, our work remains far from done,” says Daniel Lubetzky, founder and CEO of KIND. “True success will come when the healthy standard is updated, empowering consumers to better identify the types of food recommended as part of a healthy diet.”