Ninth Circuit revives lawsuit over federal ban on FODMAP labeling

The Ninth Circuit ruled that a Nevada court wrongly dismissed a case challenging USDA and FDA rules that prohibit FODMAP information on food labels, finding the plaintiffs have standing.

In San Francisco, the U.S. Court of Appeals for the Ninth Circuit found that a Nevada federal judge erred in throwing out a lawsuit against the Department of Agriculture and the Food and Drug Administration. The action, filed by a food producer and an individual who cannot digest FODMAP sugars, alleges that federal labeling rules forbid the inclusion of FODMAP levels, infringing on First Amendment rights to convey and obtain such information.

The appellate judges concluded that the consumer adequately pleaded standing and that the company qualifies as a speaker, permitting a pre-enforcement challenge. By reinstating the suit, the court allows the challengers to argue that the labeling prohibition unlawfully restricts speech. The ruling highlights the clash between regulatory authority and advocates for broader nutritional disclosures. The case will now move forward in the lower court for further proceedings.