The Food and Drug Administration (FDA) has established a docket to obtain comments and other data related to point-of-purchase nutrition information, including front-of-pack (FOP) labeling and shelf tags. According to an April 29, 2010, press release, FDA wants to learn more about (i) “the extent to which consumers notice, use and understand nutrition symbols” on these types of labels; (ii) “research that assesses and compares the effectiveness of particular approaches to front-of-pack labeling”; (iii) “graphic design, marketing and advertising data and information that can help develop better point-of-purchase information”; and (iv) “how point-of-purchase information may affect decisions by food manufacturers to reformulate their products.” The agency will use this feedback to inform its deliberations about “approaches to enhancing the usefulness to consumers of point-of-purchase nutrition information.”

The docket is part of ongoing efforts to reassess FOP regulations under the Nutrition Labeling and Education Act of 1990. FDA has stated that the ideal FOP label should be grounded in the Dietary Guidelines for Americans; widely adopted by food retailers and manufacturers; presented in a standardized format; and designed to assist consumers “with a wide range of literacy, educational levels, age, and other characteristics.” It has cited “the prevalence of diet-related disease in the U.S. population and the need to accommodate Americans’ increasingly busy lifestyles” as impetus to “maximize the number of consumers who readily notice, understand, and use point-of-purchase information to make more nutritious choices for themselves and their families.” FDA will accept comments until July 28, 2010. See Federal Register, April 29, 2010.

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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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