Farm Bureau, industry groups and individual farmers rally to help new FDA Healthy Rule recognize nutritional contributions of tart cherries

To help consumers identify foods that are particularly useful in building healthy dietary patterns, the U.S. Food and Drug Administration (FDA) updated the definition of the "healthy" nutrient content claim, which includes criteria a food must meet to use the "healthy" claim on the package.

In its published rule, the FDA reported that it would exercise enforcement discretion for the added sugars limit for cranberry and tart cherry products, as long as they "meet fruit FGE criteria and meet the nutrient limits for sodium and saturated fat, but contain added sugars for palatability."

"We are happy to hear the FDA recognize the contributions of our fruit growers. The proposed rule had been written in a way that was inconsistent with the intent to increase health, and in fact could have discouraged the consumption of nutrient-rich dried tart cherry products," said ValJay Rigby, President of the Utah Farm Bureau Federation. "These results also highlight the value of farmers working together in a unified way on public policy issues for their own benefit, and that of consumers everywhere."

"I am happy the FDA and Biden Administration saw the common-sense reasoning behind this regulation and recognized the way tart cherries contribute to healthy living," said Rep. Burgess Owens of Utah's 4th Congressional District. "Our fruit farmers in Utah continue to put in hard work to bring this valuable product to American consumers, and I am proud to support them and efforts to reduce barriers to their success."

The updated rule was the result of a multi-year effort by the FDA. One challenging element of the rulemaking was the potential for fruits with added sugars to be disqualified from using the term healthy, even if total sugars fell within the limits the agency was seeking. This could have been especially difficult for Utah's tart cherry industry, which produces the 2nd most tart cherries in the nation. As the name implies, tart cherries are naturally tart and have small amounts of sugar added to help with processing and to make them more palatable.

Under the new rule, placing a "healthy" claim on a food package is voluntary. If manufacturers choose to do it, their products must have the nutrient content required by the "healthy" definition.

More than 80% of people in the U.S. aren't eating enough vegetables, fruit, dairy, and seafood, according to the Dietary Guidelines for Americans, 2020-2025. Those same guidelines found that … "There [was] room for Americans to include limited amounts of added sugars in their eating patterns, including to improve the palatability of some nutrient-dense foods, such as fruits and vegetables that are naturally tart." The USDA itself has acknowledged that the body does not distinguish between sugar intrinsic to fruit and sugar that's added.

The rule had the potential of impacting 75% of the market for tart cherries. As such, the Utah Farm Bureau submitted comments and worked with its congressional staff to pass a commonsense regulation that recognized the USDA's research and tart cherry contributions to overall health. Additional comments were submitted by the Utah Tart Cherry Marketing Board, Cherry Industry Administrative Board, the American Farm Bureau Federation, and local growers, in addition to representatives from the U.S. Cranberry Association.

The U.S. tart cherry industry, made up of 385 producers representing family farms in growing regions across North America, applauds the Food and Drug Administration for its support of tart cherries in its recently announced updated "healthy" ruling.

Notably, the FDA's full report underscores the role of tart cherry and cranberry products in fostering a healthy dietary pattern. "We recognize that cranberry and tart cherry products, because of their nutrient composition, are particularly useful in building a healthy dietary pattern," the ruling notes in its full report.

Why the special call-out?

The overall ruling specifically targets added sugars in foods. While tart cherries are uniquely nutrient-dense, they also are tart. Tart cherries also have a low intrinsic sugar content and as a result are not naturally sweet. Producers add sugar to dried tart cherries for balance and to bring out their flavor. The report acknowledges this necessity, permitting the "healthy" claim for tart cherries as long as their total sugar content aligns with comparable items like unsweetened raisins or 100% grape juice.

The U.S. tart cherry industry is proud to see this collaborative effort yield results, ensuring consumers can make informed choices about the nutritious foods they include in their diets.

The U.S. tart cherry industry notes that since 2022, it has been working in tandem with the cranberry industry for this ruling, requesting bi-partisan support for their position. At the time of the initial rule proposal, all of Utah's congressional delegation supported the tart cherry industry through a congressional letter to the FDA.