doa-image.jpgSince April, SNA has been closely watching the lawsuits filed against the USDA and its top officials pending in federal courts in New York and Maryland.  Both lawsuits claim that the 2018 Final Rule on Sodium and Whole Grains requirements was issued by USDA in violation of the Administrative Procedures Act.  In addition, both lawsuits claim that there was not adequate opportunity for public comment on the final version of the Rule and that the Rule is inconsistent with the Dietary Guidelines for Americans.  On August 7, more pre-trial motions were filed in this case.  Because the relevant facts and sequence of events leading up to the adoption of the 2018 Final Rule are well-known and not disputed, these pre-trial motions in both cases could lead to an early decision on the merits of the cases sometime this fall.  In the meantime, the Final Rule’s flexible sodium and whole grains guidance remains in effect.  SNA will continue to monitor the lawsuits. SNA supports the flexibility granted in the Final Rule and USDA’s consideration of the considerable number of public comments leading up to the Final Rule.

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