The Food and Drug Administration (FDA) has issued a letter to the food industry to provide guidance on front-of-package (FOP) labeling and warn that the agency “will consider using our regulatory tools” if the industry fails to provide “a common, credible approach to FOP and shelf labeling.” According to FDA, consumers are less likely to read the nutrition facts label on the back or side of a food package and thus rely on information appearing on the front of the package. Acknowledging that food companies have begun relying on “symbol programs” to convey nutritional information, FDA states that it is assessing the criteria established by food manufacturers and comparing them with its regulatory criteria.

FDA Commissioner Margaret Hamburg stated during a conference call with journalists that the agency plans to “take enforcement for egregious examples,” observing that “[s]ome nutritionists have questioned whether this information is more marketing oriented than nutrition oriented. From some of the labels that we have seen, we think this is a valid concern.” According to a news source, Hamburg specifically cited “products that have got the Smart Choices check mark that are almost 50 percent sugar.” An industry spokesperson was quoted as saying, “We believe in the science behind the Smart Choices program” and “look forward to the opportunity to participate in FDA’s initiatives on front-of-package labeling.” See FoodNavigator-USA.com and The New York Times, October 21, 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.

Close