January 2025

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade news:     

 Customs and Border Protection (CBP) 

  • CBP issued guidance on the modifications made to the Section 301 China Tariff Four Year Review, increasing tariff rates on five subheadings of the Harmonized Tariff Schedule of the United States (HTSUS). 
  • CBP issued a proposed rule that would mandate the submission of more detailed electronic export manifest (EEM) data for cargo leaving the U.S. by rail. 
  • CBP officers seized several shipments of counterfeit Tiffany & Co. Pieces. If genuine, the merchandise would have an estimated total Manufacturer Suggested Retail Price (MSRP) value of approximately $29,989. 
  • CBP officers seized 22,000 counterfeit Pennsylvania vehicle inspection stickers that were shipped from Israel to an address in Philadelphia. The fake inspection stickers were assessed at $1,404,700, had they been authentic. 

Bureau of Industry and Security (BIS) 

  • BIS issued an advance notice of proposed rulemaking (ANPRM) seeking public comment to inform a potential rule that would impose restrictions on Chinese drones. 
  • BIS published its Export Enforcement 2024 Year in Review Report.
By |2025-01-10T14:47:07-05:00January 10, 2025|news, Snapshot|0 Comments

FDA Issues New Rules on Use of the Term “Healthy” on Food Labeling

On December 19, 2024, the FDA announced a final rule to update the criteria that food must meet to qualify for use of the claim “healthy”.

New Requirements

To meet the updated criteria, a food product needs to:

  1. Contain a certain amount of food from at least one of the food groups or subgroups (such as fruit, vegetables, grains, fat-free and low-fat dairy and protein foods) recommended by the Dietary Guidelines for Americans, and
  2. Meet specific limits for added sugars, saturated fat and sodium.

The criteria vary for individual food products.

Under the new rule, nutrient-dense foods that are encouraged by the Dietary Guidelines with no added ingredients automatically qualify for the “healthy” claim. These include:

  • Vegetables
  • Fruits
  • Whole grains
  • Fat-free and low-fat dairy
  • Lean game meat
  • Seafood
  • Eggs
  • Beans
  • Peas
  • Lentils
  • Nuts
  • Seeds

Products that do not qualify for the healthy label under the updated rule include:

  • Fortified white bread
  • Highly sweetened yogurt
  • Highly sweetened cereal

These changes reflect current nutrition science and dietary guidance in the Dietary Guidelines for Americans.

What Food Manufacturers Should Do

The rule is effective February 25, 2025, and the compliance date of the rule is February 25, 2028. In preparation for the compliance date, food manufacturers should review their products to ensure that any product that uses a “healthy” label meets the new criteria. Diaz Trade Law has subject matter FDA expertise and can help you with a proactive compliance plan that meets the new requirements.

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