The food industry has reportedly halted a new front-of-packaging (FOP) labeling campaign pending Food and Drug Administration (FDA) guidance. According to an October 23, 2009, press release, the Smart Choices Program™ voluntarily postponed active operations after FDA Commissioner Margaret Hamburg indicated “that the agency intends to develop standardized criteria on which future front-of-package nutrition or shelf labeling will be based.” While awaiting FDA guidance, the program will no longer enroll new companies or encourage use of the logo. “We welcome the FDA’s interest in developing uniform front-of-package and shelf-labeling criteria,” said program chair Mike Hughes. “The Smart Choices Program shares that exact goal, and was designed to provide a voluntary front-of-package labeling program that could promote informed food choices and help consumers construct healthier diets. We continue to believe the Smart Choices Program is an important step in the right direction.” See Reuters, October 23, 2009; FoodNavigator-USA.com and UPI.com, October 26, 2009.

Hamburg had reportedly criticized the program for including products that contain almost 50 percent sugar. She also announced plans to investigate alleged misuses of FOP labeling and “take enforcement for egregious examples,” a proposal seconded by Connecticut Attorney General Richard Blumenthal in a letter to industry. “The program’s cessation of active operations makes continued use of the logo potentially even more misleading and compounds consumer confusion,” said Blumenthal, who reported yesterday that all food manufacturers have agreed to phase out the Smart Choices logo. “Our investigation into Smart Choices continues – seeking any scientific research and reasoning to support a program that promotes fat-filled mayonnaise, sugary cereal and ice cream as Smart Choices.” See The New York Times, October 24, 2009; FoodNavigator-USA. com, October 28, 2009; Connecticut AG Office Press Release, October 29, 2009.

In a related development, the Rudd Center for Food Policy and Obesity has published a report titled “Cereal F.A.C.T.S.: Evaluating the Nutrition Quality and Marketing of Children’s Cereals,” which claims that “child cereals contain 85 percent more sugar, 65 percent less fiber and 60 percent more sodium when compared to adult cereals.” The report apparently examined the nutrient composition and marketing efforts of 115 cereals brands and 277 individual cereal varieties, distinguishing “between brands marketed directly to children (i.e., child brands); those marketed to parents and adults as appropriate to feed their children and/or families (i.e., family brands); and those marketed to adults for adult consumption only (i.e., adult brands).” The results purportedly revealed that “the average preschooler sees 642 cereal ads per year on television alone, almost all for cereals with the worst nutrition rankings,” and that “42 percent of child-targeted cereals contain artificial food dyes, compared with 26 percent of family cereals and 5 percent of adult cereals.”

Researchers also claimed that in 2006, “cereal companies spent $229 million to target children and adolescents,” despite the efforts of the industry-backed Children’s Food and Beverage Advertising Initiative (CFBAI) to promote healthier products. “We found that cereal companies are in full compliance with their self-defined CFBAI pledges to reduce unhealthy marketing to children. And yet, we also found that the amount of cereal marketing to children and the nutrition quality of children’s cereals remain at unacceptable levels and have not objectively or meaningfully improved,” concluded the study authors, who recommended government intervention to require that “foods marketed to children must be more, not less, nutritious than foods marketed to adults.” See USA Today, October 25, 2009; FoodNavigator USA.com, October 26, 2009; Rudd Center Press Release, October 27, 2009.

Meanwhile, the Kellogg Co. has noted that all of their products comply with labeling requirements and list guideline daily amounts of nutrients. “The reality is a single serving of Frosties® or Coco Pops® has the same amount of sugar in it as a glass of orange juice or a banana,” a company spokesperson was quoted as saying. “While a bowl of Rice Krispies® gives you less than a tenth of your daily allowance for salt, less salt than you’d find in one slice of dry wholemeal bread.” See FoodNavigator-USA. com, October 27, 2009.

About The Author

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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