The Food and Drug Administration (FDA) has prepared a summary of the comments and information provided during a 2007 hearing on the use of symbols to communicate nutrition information. Posted to the hearing docket on April 28, 2009, the document notes that significant gaps remain in research about consumer perception, understanding and use of symbols that convey information about nutrition claims on food products. According to the FDA, numerous nutrition symbol systems already exist, but because they “differ greatly,” “the ability of consumers to use these symbols to make nutritional comparisons between products or to determine how a food fits into a diet is uncertain.”

FDA commissioned a focus group study and “is currently analyzing qualitative information collected from the study to explore varieties and ranges of consumers’ understanding of and reactions to a selected sample of existing and alternative nutrition symbols.” The agency also apparently needs more information about the economic impact of requiring the use of symbols on food products; manufacturers differ over
whether these costs and the costs of reformulating their products increase product development costs and also over whether nutrition symbols increase product sales.

FDA’s summary also notes that the agency is “evaluating a citizen petition submitted by a consumer organization requesting that the agency explore the development of a uniform front-label symbol program to indicate the nutritional quality of foods.” The summary concludes, “FDA will continue to actively evaluate the issues regarding the use of nutrition symbols in food labeling. The agency is considering all nutrition labeling schemes in its effort to help consumers construct healthful diets consistent with the current Dietary Guidelines for Americans.” See CFSAN Constituent Update, April 28, 2009.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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