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…
Category Archives U.S. Government and Regulatory Agencies
Three U.S. Senators have introduced a bill (S. 1783) that would extend mandatory country-of-origin (COOL) labeling to dairy products. The U.S. Department of Agriculture’s current COOL law took effect in 2008 and requires origin labeling on meats, nuts and raw produce, but not dairy products or processed foods. The Dairy COOL Act of 2009 extends the current law to include milk, cheese, yogurt, ice cream, and butter, but retains the exemption for processed foods. “With the discovery last year of widespread use of melamine in Chinese dairy products, consumers deserve to know whether the milk used to produce the dairy products they buy meets the high safety standards used in the U.S.,” said Senator Russ Feingold (D-Wisc.), who co-sponsored the legislation with colleagues Sherrod Brown (D-Ohio) and Al Franken (D-Minn.). Franken said the bill helps address the issue of low milk prices by helping “American dairy farmers stand out in…
An organization that seeks to advance the interests of organic and family farmers has filed a complaint with the U.S. Department of Agriculture’s National Organic Program (NOP) and state officials in Wisconsin and Minnesota, asking for an investigation of Target Corp. for alleged violations of federal organic regulations. The Cornucopia Institute contends that Target advertised Silk® soymilk “with the term ‘organic’ pictured on the carton’s label, when in fact the product’s manufacturer, Dean Foods’ WhiteWave division, has been sourcing this product line with conventional soybeans.” According to an institute press release, “Dean Foods, had quietly shifted their products away from organics,” before the Target ads appeared in newspapers throughout the Midwest. Cornucopia’s senior farm policy analyst was quoted as saying, “Major food processors have recognized the meteoric rise of the organic industry, and profit potential, and want to create what is in essence ‘organic light,’ taking advantage of the market…
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…
Led by a University of Massachusetts biology professor, more than 30 scientists have reportedly written to the Food and Drug Administration (FDA) to express concern about the agency’s plans to further study the health effects of bisphenol A (BPA), a plasticizer ubiquitous to food packaging that has apparently been subject to more than 900 studies. According to the researchers, many of whom have participated on government BPA health-effects panels, “FDA’s plans to spend significant time and money on a very well researched chemical are disturbing.” The agency has indicated that it will issue a new opinion on the chemical’s safety by November 30, 2009, and the scientists note that FDA plans to spend $7 million on new BPA research in the interim. Not only are they concerned about the quality of the planned research, which calls for BPA to be tested on a rat strain insensitive to BPA at low levels,…
The Federal Trade Commission (FTC) has updated its guidelines on product endorsements and testimonials to include those who use social media, such as blogs, Facebook® and Twitter®, to promote products in exchange for payment or free products. The guidelines, effective December 1, 2009, could result in penalties of $11,000 if violated and will require disclosures of commercial relationships. Even individuals submitting reviews to online stores, such as Amazon.com, will be covered by the new guidelines. Under another change to the guidelines, advertisers will no longer be able to use the safe-harbor disclaimer, “Results not typical,” but will instead be required to “clearly disclose the results that consumers can generally expect,” if they make a claim about consumer experience with a product or service as typical when this is not the case. According to FTC, “The Guides are administrative interpretations of the law intended to help advertisers comply with the Federal…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced the availability of a new general food defense plan developed by the Office of Data Integration and Food Protection, with input from small and very small establishments. FSIS has notified facilities identified in a 2008 survey as lacking a food defense program about the voluntary general plan, which aims to “reduce the chances of someone intentionally contaminating the food supply in order to kill or hurt people, disrupt [the] economy, or ruin [their] business.” Designed to reduce company liability, the general food defense plan includes sections on (i) outside security measures, (ii) inside security measures, (iii) personnel security measures, and (iv) incident report security measures. FSIS will also conduct a second food defense survey in December 2009. See Meatingplace.com, September 30, 2009.
The Federal Trade Commission (FTC) plans to conduct a study of food marketing to children and adolescents for a follow-up report to its 2008 study titled “Marketing Food to Children and Adolescents: A Review of Industry Expenditures, Activities, and Self-Regulation.” FTC seeks public comments by November 23, 2009, on proposed information requests to approximately 45 major food and beverage companies and quick-service restaurants about their marketing activities, expenditures and nutritional information concerning food and beverage products marketed to children and adolescents. FTC plans to evaluate possible changes in the nutritional content and variety of youth-marketed foods, and “proposes to seek scientific and market research exploring psychological and other factors that may contribute to food advertising appeal among youth.” See Federal Register, September 21, 2009.
The Food and Drug Administration (FDA) has announced a public hearing for November 12-13, 2009, to discuss issues related to ways the internet and social media tools are used to promote FDA-regulated medical products, including prescription drugs for humans and animals. Comments from “consumers, patients, caregivers, health care professionals, patient groups, internet vendors, advertising agencies, and the regulated industry” are requested by October 9, 2009. FDA is “particularly interested in hearing views from the public as to how expanding Web 2.0 technologies may be used to promote medical products to both health care professionals and consumers in a truthful, non-misleading, and balanced manner.” Emerging internet technologies such as blogs, microblogs, podcasts, social networks and online communities, video sharing, widgets, and wikis have prompted questions from regulated companies and other interested parties regarding advertising and labeling provisions, regulations and promotion policies. See Federal Register, September 21, 2009.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued an advanced notice of proposed rulemaking (ANPR) to solicit public feedback on the conditions under which the agency should permit “natural” labeling claims for meat and poultry. The current FSIS standard states that minimally processed meat and poultry products can use the “natural” label if the product “does not contain any artificial flavor or flavoring, coloring ingredients, chemical preservative, or any other artificial or synthetic ingredient.” The agency is now considering whether to define the term “natural” or continue evaluating the claim on a case-by-case basis. It specifically seeks comments on “how best to coordinate FSIS’ regulation of ‘natural’ claims with the Agricultural Marketing Service’s (AMS) voluntary ‘naturally raised’ marketing claim standard.” FSIS will accept comments until November 13, 2009. See FSIS Press Release, September 11, 2009; Federal Register, September 14, 2009.
