9th Circuit Court Allows Lawsuit on FODMAP Labeling to Proceed, Impacting Food Industry Regulations
The 9th US Circuit Court of Appeals has ruled to allow a First Amendment lawsuit challenging the federal government's ban on low-FODMAP labeling to proceed. The case, initially dismissed in 2024, was brought by Michelle Przybocki and Ketan Vakil against the USDA, FDA, and Food Safety and Inspection Service. Przybocki, who requires a low-FODMAP diet due to severe digestive issues, and Vakil, owner of Gourmend Foods, argue that the ban on labeling products as low-FODMAP infringes on free speech. Gourmend Foods, which specializes in low-FODMAP products, faced regulatory hurdles when attempting to label their beef broth as such. The appeals court's decision highlights the potential injury to both Vakil and Przybocki due to the regulations, which they claim hinder the development and marketing of new low-FODMAP products. 
