Consumer Group Files FDA Complaint over NuVal Nutrition Ratings
The National Consumers League (NCL) has filed a formal complaint with
the Food and Drug Administration (FDA), alleging that NuVal LLC’s point of
purchase nutrition rating system is “inconsistent with FDA guidance statements
and enforcement correspondence, federal nutrition programs, and
recommendations from the Institute of Medicine (IOM).” Used by more than
1,600 grocery stores in 31 states, the NuVal system apparently scores products
out of 100 total points, with more nutritious options garnering a higher rating.
NCL has argued, however, that NuVal relies on “a proprietary, non-public
algorithm that can lead to inconsistent scores that may confuse and mislead
consumers,” and has asked FDA to issue a warning letter to the retail industry
about its continued use.
Citing an IOM report on nutrition rating systems that criticized NuVal’s formula, the NCL complaint contends that NuVal “runs afoul” of FDA Guidance on Point of Purchase Labeling, which stipulates that all such systems “be nutritionally sound, well-designed to help consumers make informed and healthy choices, and not be false or misleading.” In particular, the group has charged NuVal with promoting inconsistent ratings that privilege processed foods over canned fruits and vegetables, as well as using the “proprietary” Overall Nutritional Quality Index faulted by both IOM and National Cancer Institute for its purported lack of transparency.
“The NuVal rating system is fatally flawed and should be discarded,” said
NCL Executive Director Sally Greenberg in a May 10, 2012, press release. “Its
algorithmic formula—which is not transparent to consumers or the scientific
community—results in snack chips, soft drinks, and desserts being given as
high or higher nutritional scores than some canned fruits and vegetables.
NuVal’s so-called nutritional ratings are a travesty that confuse, rather than
enlighten, consumers. We need the FDA to step in and set industry-wide
standards. Moreover, the FDA should not allow NuVal or any other flawed
nutritional rating system to further confuse consumers who are trying to
make healthy decisions for their families.”
