The FDA has spent decades blocking truthful, government-backed nutrition science from reaching you at the point of sale. Next Tuesday, ANH-USA will file a petition with the FDA to change that—so consumers can finally see accurate, responsible health information on food and supplement labels.
THE TOPLINE
- Congress’s intent is clear: labels should be allowed to carry health claims grounded in authoritative statements from federal scientific bodies—without unnecessary, pre-approval hurdles.
- But FDA flipped the script in 1998, erecting extra-statutory barriers that have suppressed government-sourced, disease-risk-reduction information for years.
- The legal ground has shifted: recent Supreme Court doctrine curbs agency freelancing on clear statutes—opening the door to restore Congress’s intent and end unlawful censorship.
For most Americans, the label is the key—and sometimes the only—place where nutrition decisions get made. Wouldn’t you be more likely to buy or take your vitamin D product daily if the label told you the product at its recommended dosage would not only help support your immune system but could also reduce your risk of cancer and osteoarthritis? So here’s the centrepiece of our latest legal initiative: If NIH or CDC have already told the public that certain nutrients can reduce disease risk, why can’t that plain-English guidance appear where it matters most: on the label, in your hand? That’s the core problem we aim to fix with our petition to the FDA that we will file on Tuesday, September 2.
What Congress Intended—And How FDA Went Off Track
In 1997, Congress passed a law, the Food and Drug Administration Modernization Act (FDAMA), allowing food and supplement labels to use health claims based on “authoritative statements” from trusted federal scientific bodies. The goal was simple: to leverage the expertise of government agencies to get sound, science-based health information to the public without unnecessary red tape.
But in 1998, the FDA issued guidance that flipped the script. The agency added burdensome approval requirements for these health claims that Congress had explicitly said weren’t needed because government agencies had already vetted the information. The result? Health claims—even when backed by government health agencies—got blocked.
For example, it took a decade—and an ANH lawsuit (Pearson v. Shalala, more on this below)—for the FDA to approve a claim that folic acid can help prevent birth defects. In that time, thousands of preventable neural tube defect (spina bifida) births occurred.
Why This Filing Matters Now
Americans are shouldering epidemic levels of diet-related disease. Keeping vetted information off labels makes it harder—not easier—for families to choose better. Our Tuesday filing aims to restore the lawful pathway for government-backed claims, so brands that meet the criteria can responsibly republish the government’s own science at the point of sale—using clear language and appropriate context for total diet.
Our new legal challenge comes at a pivotal moment. Just last year, the Supreme Court ruled that federal agencies like the FDA can’t stretch the law to fit their own agenda. That ruling clears the way for us to argue the FDA needs to follow what the law plainly says: if a federal health agency issues a scientific statement about a nutrient’s benefit, companies should be able to share it—with no extra hoops.
With chronic, diet-related diseases on the rise, the public needs more access to credible nutrition science—not less. Yet the FDA is standing in the way. The truth is that the FDA attacks almost anything that challenges the supremacy of FDA-approved drugs in healthcare. They’re attacking homeopathy. They’re slicing away at compounded medications, including bioidentical hormones like estriol and peptides like thymosin alpha-1. They’ve launched assault after assault on supplements. To justify these attacks, the FDA usually claims that it’s protecting the public from safety concerns, but that’s just a smokescreen. These products, by and large, are completely safe—safer than drugs. But they don’t pay millions in user fees to the FDA like drug companies do, so the FDA is hostile towards them. It’s crony medicine, through and through.
A Track Record of Standing Up for Truthful Speech
This step builds on decades of First Amendment wins that opened the door to qualified health claims when outright bans weren’t justified. Time and again, courts have reminded FDA that the answer to potential confusion is disclosure and context—not suppression. Our filing asks the agency to honor that principle and follow the law.
This case could allow public access to 125 science-backed health claims—potentially transforming how consumers learn about nutrition and natural health.
This isn’t the first time we’ve stood up to the FDA. In 1999, we helped lead the landmark Pearson v. Shalala case taken by Jonathan Emord Esq., now ANH General Counsel, which forced the FDA to allow qualified health claims. Working together, Emord and ANH followed Pearson with a series of additional lawsuits that expanded access to qualified health claims for nutrients such as saw palmetto, omega-3 fatty acids, fiber, vitamin E, vitamin B, and selenium.
This Isn’t About Hype—It’s About Accountability
Our position is simple: when credible federal scientific bodies publish risk-reduction statements that are currently in effect, consumers should be allowed to see accurate summaries of those statements on qualifying products—with sensible guardrails on presentation, dosage context, and disqualifying nutrients. That’s not marketing spin; it’s good governance and better public health.
What Happens Next
On Tuesday, we’ll submit our filing to the FDA. It will set a precedent for the largest number of health claim notifications filed in a single petition. From there, the statutory process begins and we’ll keep you posted on milestones and opportunities to weigh in. Our goal is lawful, timely access to truthful, non-misleading information—so you can make better choices for yourself and your family.
Stay tuned: Our ANH Media Pack including press release, backgrounder and complete filing, will be added to this news story on the date of filing, 2 September 2025.
Help us finish the job. If you believe Americans deserve transparent, government-sourced health information where it matters most—the label—please consider supporting this effort today.
