A nutrient content claim “low fat,” “high fiber,” “light,” “excellent source of calcium” sounds like a description, but each of these terms has an exact numeric definition under FDA regulation, and using one without meeting the definition is a misbranding violation. Shehadeh Giannamore, PLLC reviews nutrient content claims on food, beverage, and dietary supplement labels and marketing to confirm every claim matches the nutrient level the FDA requires before it goes on your package.
| Who needs this | Food, beverage, and dietary supplement companies using any claim about a nutrient’s level (“low,” “free,” “high,” “light,” “good source of,” etc.) |
| What’s reviewed | Every nutrient content claim on labels, packaging, and marketing against its specific FDA-defined threshold |
| Legal basis | FD&C Act § 403(r) (21 U.S.C. § 343(r)); Nutrition Labeling and Education Act (1990); 21 CFR §§ 101.13, 101.54–101.69 |
| What’s at stake | Misbranding, warning letters — nutrient content claims are among the most litigated claim category in FDA/FTC and class-action food labeling suits |
| Related pages | Health Claims · Disease Claims · Structure/Function Claims |
What Is a Nutrient Content Claim?
A nutrient content claim characterizes the level of a nutrient in a food or supplement — how much fat, sodium, sugar, fiber, or a vitamin/mineral it contains, expressed in comparative or absolute terms rather than as a bare number. “Low fat,” “sodium free,” “high in vitamin C,” and “light” are all nutrient content claims. What makes them a legal minefield is that each term is not a marketing choice — it’s a defined legal threshold under 21 CFR §§ 101.54–101.69, and FDA treats a claim that doesn’t meet its definition as making the product misbranded, regardless of whether the underlying nutrition information elsewhere on the label is accurate.
This is different from — and easily confused with — the other three claim categories FDA regulates: structure/function claims describe an effect on the body (“supports bone health”), health claims describe a disease-risk relationship (“may reduce the risk of osteoporosis”), and disease claims assert a product treats or prevents a disease outright. A nutrient content claim makes none of those assertions — it only describes how much of a nutrient is present — but it’s regulated just as strictly, with its own numeric rulebook.
FDA’s Defined Nutrient Content Claim Terms
These are the most commonly used — and most commonly misused — terms, each with its own regulatory threshold per serving:
| Claim term | What it requires |
| Free (fat free, sugar free, sodium free, calorie free) | Fat free: <0.5g fat; sugar free: <0.5g sugar; sodium free: <5mg; calorie free: <5 calories |
| Low (low fat, low sodium, low calorie) | Low fat: ≤3g; low sodium: ≤140mg; low calorie: ≤40 calories; low cholesterol: ≤20mg and low in saturated fat |
| Reduced / Less | At least 25% less of the nutrient than an appropriate reference food |
| Light / Lite | 1/3 fewer calories or 50% less fat than the reference food (or a 50% fat reduction if the food already derives 50%+ of calories from fat) |
| High / Rich In / Excellent Source Of | 20% or more of the Daily Value per serving |
| Good Source Of | 10–19% of the Daily Value per serving |
| More / Fortified / Enriched / Added | At least 10% more of the Daily Value than the reference food |
| Percent Fat Free (e.g., “95% fat free”) | Only permitted if the product already meets the “low fat” or “fat free” definition, and the percentage must be accurate |
Every one of these terms can be used correctly on a compliant product — the risk isn’t the claim itself, it’s using the word without confirming the product actually clears the threshold, or without disclosing required context (for example, a “high fiber” claim generally also requires disclosing total fat content if the food isn’t otherwise low fat, so the claim doesn’t imply a health halo the product doesn’t earn).
Why Nutrient Content Claims Get Companies Sued, Not Just Warned
Nutrient content claims are one of the most common triggers for consumer class-action lawsuits in the food and beverage space — separate from FDA enforcement entirely. Plaintiffs’ firms routinely test products making “low,” “light,” or “good source of” claims against the exact regulatory definition, because the definitions are numeric and public, which makes a violation easy to prove without any need to show the company intended to mislead anyone.
What Our Nutrient Content Claims Review Covers
- Threshold verification — confirming the claimed nutrient level actually meets the FDA-defined amount per serving for that exact claim term
- Reference food comparison — for relative claims (“reduced,” “light,” “more”), confirming the comparison to an appropriate reference food is valid and disclosed
- Required disclosure statements — flagging where a claim (like “high fiber”) requires an accompanying disclosure about another nutrient
- Claim category cross-check — making sure a nutrient content claim hasn’t drifted into health-claim or disease-claim territory, which triggers stricter rules entirely
- Marketing and website consistency — confirming the same claim isn’t stated differently (and less accurately) on packaging versus your website or ads
Not sure if your current label or marketing would survive an FDA review? Get an attorney's eyes on it before you find out the hard way.
Schedule a ConsultationOur Review Process
- Submit your label, formula, and marketing copy — including the specific nutrient content claims you want to use or currently use
- Threshold and definition review against the exact 21 CFR provision for each claim term
- Written findings on which claims are supported, which need reformulation or removal, and which need a disclosure statement added
- Compliant alternative language where a claim doesn’t currently clear its threshold
- Final label and marketing sign-off before print or publication
What is a nutrient content claim?
A nutrient content claim describes the level of a nutrient in a food or supplement — such as “low fat,” “high fiber,” or “good source of calcium” — using terms that have exact, legally defined thresholds under FDA regulation rather than being general marketing language.
Can I say “light” on any product I want?
No. “Light” or “lite” has a specific FDA definition — generally one-third fewer calories or 50% less fat than a comparable reference product — and using it without meeting that threshold is a misbranding violation.
What’s the difference between “good source of” and “excellent source of”?
“Good source of” requires 10–19% of the Daily Value per serving; “excellent source of,” “high,” and “rich in” all require 20% or more of the Daily Value per serving. Using “excellent source of” for a product that only reaches “good source of” levels is noncompliant.
Do nutrient content claims require FDA pre-approval?
No. Like most food labeling, nutrient content claims are not pre-approved by FDA — compliance is the manufacturer’s responsibility, verified after the fact through FDA enforcement or, increasingly often, consumer class-action litigation.
How is a nutrient content claim different from a health claim?
A nutrient content claim only describes how much of a nutrient is present (“low sodium”). A health claim asserts a relationship between a nutrient and reduced disease risk (“diets low in sodium may reduce the risk of high blood pressure”) and requires a different, generally more rigorous, basis.
Talk to a Nutrient Content Claims Attorney
Before you print "low fat," "light," or "excellent source of" on a label or ad, confirm the claim actually clears its FDA threshold. Contact Shehadeh Giannamore, PLLC for a consultation.
Toll-free: (866) 785-0873
Direct: (305) 507-9843
Email: contact@giannamore-law.com
Schedule a ConsultationThis page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.