On Tuesday, October 20, 2009, the commissioner of the FDA, Margaret A. Hamburg, announced the agency’s intention to adopt a new and more aggressive approach for regulating “Front-of-Package” (FOP) food labels designed to convey the nutritional benefit and quality of food products. Common examples of FOP labels include statements like “Heart Healthy, “Good for You”, and “A Better Choice.” At the center of its new and increased regulation, the FDA specifically announced it would begin immediately developing a set of “standardized, science-based criteria” that manufacturers must meet to make nutritional claims on the front of food products and would also create going forward a uniform system for FOP nutritional labeling. The FDA also announced that it was currently reviewing FOP labels that appeared to be misleading to determine if they complied with existing FDA regulations, including nutrient content claims.
To coincide with its announcement, the FDA sent an open letter to the food products industry explaining that its new approach to regulation of FOP labels was prompted by the potential for consumer deception. In particular, the FDA stated that the FOP labels currently found in the marketplace are not tied to a set of uniform nutritional criteria. Instead each FOP label is tied to its own unique nutritional standards, which may be determined and set by food manufacturers, grocery stores, trade organizations, or health organizations. Without uniformity or minimum standards, the FDA suggested, consumers cannot know exactly what a label means or that the product is nutritionally sound, which is particularly troublesome given that consumers do not verify FOP label claims by reviewing the required Nutrition Facts panel that can usually be found on the back or side of the product.
One of the specific FOP nutritional labels that Commissioner Hamburg mentioned during her announcement concerning the FDA’s new regulatory approach is the Smart Choices Program. Smart Choices is a voluntary “food rating” system that allows manufacturers to place two FOP labels (a green check mark and a calorie indicator) on their food products that meet a distinct set of nutritional criteria. The program is administered by the American Society for Nutrition and NSF International. In August, the FDA sent Smart Choices a letter indicating that it was aware that many food products were beginning to display the Smart Choices’ check mark and that it would need to “monitor” these products to ensure that the criteria used by Smart Choices was “stringent enough to protect consumers against misleading claims”. On Tuesday, although Commissioner Hamburg would not discuss any products specifically, she noted that some products with the “check mark” logo were almost “50 percent sugar”.
Supporters, users, and promoters of FOP nutritional labels, by contrast, assert that besides being accurate and tied to accepted nutritional guidelines, FOP labels are beneficial to customers in their everyday lives, a point even the FDA has recognized. In particular, FOP labels offer readily accessible information about a product’s nutritional profile, which can lead to better and more informed food choices. Furthermore, supporters assert that many manufacturers have in fact improved the overall healthfulness of their products in order to meet the criteria needed to qualify for use of a FOP like Smart Choices. In response to the FDA’s recent announcement, promoters of FOP nutritional labels, such as Smart Choices said they welcomed the opportunity to work with the FDA on any FOP labeling initiatives.
UPDATE (October 26, 2009): The Smart Choices program announced on Friday, October 23, 2009, that it would “postpone” active operations and not encourage broader use of its check mark logo while the FDA investigates food product labeling issues. A spokesperson for Smart Choices also stated that it continued to stand behind its nutritional standards and that food product manufactures currently using the check mark logo could continue to do so. (Click here for a press release)
- Suzy Wilson and Chris Tarbell
