Nacarino

Facts label (for example, “Great source of protein!”), manufacturers must add the “corrected amount of protein per serving” to the nutrition label, expressed as a “Percent of Daily Value.” Id. § 101.9(c)(7)(i). This figure takes the “actual amount of protein” from the nutrition label and adjusts it for digestibility based on the product’s “protein digestibility-corrected amino acid score.” Id. § 101.9(c)(7)(ii).1 In addition to section 101.9(c)(7), which governs statements about protein within the Nutrition Facts label, there is a more general provision—section 101.13—that governs statements about nutrients outside the Nutrition Facts label. 21 C.F.R. § 101.13. The default rule is that manufacturers may not make any statements about the nutrients in their products beyond what is required in the Nutrition Facts label. But there are exceptions. The exception relevant here is that a product’s packaging “may contain a statement about the amount or percentage of a

1 A source of confusion in the briefing is the difference between “amino acid content testing” and the “amino acid score.” As described in the complaint, amino acid content testing is the direct way of measuring the amount…