The U.S. Food and Drug Administration (FDA) has proposed revisions to the
Nutrition Facts label that would emphasize the number of calories and servings
per container, among other things. As the agency explained in a February
27, 2014, press release, the new panels would not only display calories per
serving in larger, bolder type, but would update serving sizes to reflect “the
reality of what people actually eat, according to recent food consumption
data.” In addition to breaking out the amount of added sugar as a separate
item, the labels would make “the number of servings per package . . .  more
prominent,” with “amount per serving” tied to the actual serving size, e.g.,
“Amount per cup.” FDA has also recommended updating the daily values for
various nutrients, listing potassium and vitamin D amounts on the label, and
removing “calories from fat” completely.

“Obesity, heart disease and other chronic diseases are leading public health
problems,” said FDA Center for Food Safety and Applied Nutrition Director
Michael Landa. “The proposed new label is intended to bring attention to
calories and serving sizes, which are important in addressing these problems.
Further, we are now proposing to require the listing of added sugars. The 2010
Dietary Guidelines for Americans recommends reducing calories from added
sugars and solid fats.”

FDA plans to issue the changes in two proposed rules slated for publication in the Federal Register with a 90-day comment period. The first proposed rule will address the updates to the nutrition information as well as the label design, while the second proposed rule will cover changes to serving-size requirements and labeling for certain sizes of packages. Once adopted, the final rules governing the new Nutrition Facts labels would grant industry a two-year compliance period.

The proposal has drawn praise from consumer advocates such as the Center for Science in the Public Interest; former FDA Commissioner David Kessler; and New York University Nutrition Professor Marion Nestle, who nevertheless anticipated that the redesign would be “wildly controversial.” At the same time, however, University of North Carolina health researcher Barry Popkin apparently believes the planned changes do not go far enough. “This is a false victory,” he said. “It will affect just a small segment of customers who carefully study nutrition fact panels.” See CSPI News Release, Food Politics and The New York Times, February 27, 2014.

 

Issue 515

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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