Rudd Center Legal Director Calls for New FOP Labeling Direction

The director of legal initiatives for Yale University’s Rudd Center for Food Policy and Obesity has authored an article on front-of-package (FOP) food and beverage labeling that calls for “new directions for research and regulation.” Jennifer Pomeranz, “Front-of-Package Food and Beverage Labeling: New Directions for Research and Regulation,” American Journal of Preventative Medicine, March 2011. Claiming that “food labels have become unwieldy from a consumer, health, and regulatory perspective,” Jennifer Pomeranz’s article explores the current state of “FOP schemes, health and nutrition claims, and enforcement activity,” and makes specific research recommendations for each context. In particular, it notes several areas—such as health and nutrition claims—that appear ripe for regulation and where additional scientific evidence could overrule First Amendment objections.

“When the FDA and industry finalize their FOP schemes, research will be
needed to assess their scientific validity, their efficacy for consumer use
and comprehension, and whether a mandatory FOP scheme is necessary,”
concludes the article. “Research is also warranted to reveal the limitations of
current laws pertaining to health and nutrition claims to support strengthening
the scientific basis and nutritional requirements for making a claim.
Finally, groups that identify false, deceptive, and misleading food labels and
related advertising should bring these practices to the attention of appropriate
government entities.”