The Food and Drug Administration (FDA) is seeking public comments on a new federal law that requires certain chain restaurants and retail food operations to post the calorie content of individual items on menus, menu boards and drive-through menu boards. Enacted March 23, 2010, section 4205 of the Affordable Care Act applies to food establishments with 20 or more locations, such as restaurants, coffee shops, delis, movie theaters, bakeries, and ice cream shops. Per-serving information related to the amount of calories, cholesterol, fiber, sodium, sugars, total and complex carbohydrates, total and saturated fat, and total protein must be available in writing on request. The law also compels vending machine operators with 20 or more machines to list calorie information “in close proximity to” each article of food or the selection button. The law instructs FDA to issue proposed regulations to carry out these provisions by March 23, 2011. The agency…
Tag Archives labeling
Louisiana Governor Bobby Jindal (R) has reportedly signed a bill (H.B. 430) that requires “farm of origin” labels on all strawberries sold in the state. According to the bill’s sponsor, Representative Stephen Pugh (R.-Ponchatoula), strawberry growers backed the measure “as a way to protect the integrity of their industry." With input from the Louisiana Strawberry Marketing Board, the Louisiana Department of Agriculture and Forestry’s (LDAF) Food Quality Services staff will reportedly promulgate the rules and regulations for enforcement, a process estimated to take 120 days. LDAF Commissioner Mike Strain said the labeling “will let consumers know they are getting the freshest product possible. Consumers are concerned about food safety, and it’s always good to know where the food we eat was grown, produced, processed, or prepared.” See LDAF Press Release, June 15, 2010.
The American Medical Association (AMA) has adopted new public health policies concerning the reporting of fats on nutrition labels and obesity reduction. During its June 14, 2010, annual meeting, AMA urged the Food and Drug Administration (FDA) to adopt more “precise processes” to measure trans and saturated fat content in foods. Under current FDA guidelines, trans and saturated fat content can be listed on nutrition labels as zero if the food product contains less than 0.5 grams per serving. AMA claims that products labeled “trans fat free” or “zero trans fat” could supply in one serving as much as 25 percent of the recommended daily allowance of trans fats. Claiming that “it’s difficult to make dietary changes if food labels are unclear,” AMA board member Edward Langston urged FDA to use “clear, concise and uniform labeling” and list the most accurate information. AMA also adopted a policy supporting efforts to…
British Heart Foundation Chief Executive Peter Hollins has penned an article in the April 2010 issue of Parliament Magazine that urges members of the European Parliament (MEPs) to undertake more stringent reform of food labeling laws. “To improve diets across Europe, the European Heart Network (EHN) advocates for clear and consistent labels on all foods that will help European consumers understand the nutritional content of the food they are buying,” writes Hollins in support of mandatory nutrition facts as well as front-of-pack traffic light systems. Hollins claims that the guideline daily amounts (GDAs) favored by the food and beverage industry do not provide “an interpretation of relative healthiness in the quick and simple way that consumer surveys repeatedly show traffic light colors do.” He specifically claims that “the strongest front of pack label is one combining traffic light colors, use of the words ‘high ‘medium’, and ‘low’, and GDAs.” This…
The Institute of Medicine (IOM) held an open session on April 9, 2010, to gather information on front-of-package (FOP) nutrition rating systems and symbols. Speakers included representatives from (i) the U.S. Food and Drug Administration (FDA) and U.K. Food Standards Agency, (ii) the American Heart Association, (iii) ConAgra Foods, the General Mills Bell Institute of Health & Nutrition and Unilever, and (iv) Texas A&M University, the University of Maryland, the University of Washington, and the Yale Prevention Research Center. In addition, New York University Professor Marion Nestle addressed concerns about nutrition rating systems and other perspectives on FOP labeling. According to SHB attorney Sarah Sunday, who attended the meeting, FDA provided an update on its continuing assessment of FOP labeling and indicated that after failing to release guidance as scheduled, the agency intends to complete its consumer research in May. But Nestle registered opposition to the adoption of any FOP…
The Institute of Medicine (IOM) has announced an April 9, 2010, open workshop to continue its review of front-of-package (FOP) nutrition rating systems and symbols. As tasked by the Food and Drug Administration and Centers for Disease Control and Prevention, IOM established a committee to evaluate and report on “the use of symbols, logos, and icons to communicate nutritional information on the front of food labels.” At the forthcoming open session, the committee will gather information on both international and domestic nutrition rating systems and symbols. Scheduled speakers include representatives from (i) the U.K Food Standards Agency (FSA), (ii) the American Heart Association, (iii) ConAgra Foods, the General Mills Bell Institute of Health & Nutrition and Unilever, and (iv) Texas A&M University, the University of Maryland, the University of Washington, and the Yale Prevention Research Center. In addition, New York University Professor Marion Nestle will address concerns about nutrition rating…
A New York resident has filed a putative class action against Diamond Foods, Inc. in a California federal court alleging that the company labeled its walnuts with false claims that “consumption of the omega-3 fatty acids in walnuts promotes heart health and lowers the risk of coronary heart disease.” Zeisel v. Diamond Foods, Inc., No. 10-1192 (N.D. Cal., filed March 22, 2010). The plaintiff seeks to certify a nationwide class of consumers who purchased the company’s shelled walnut products since March 19, 2006, and claims that he relied on the product labels to make his purchasing decision. The complaint alleges unlawful, unfair and fraudulent business practices; false advertising; violation of California’s Consumer Legal Remedies Act; and unjust enrichment. The plaintiff seeks an order certifying the class, restitution of either the amounts paid to purchase the products or the company’s profits from the transactions, an order enjoining further misleading advertisements, attorney’s…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced an April 7, 2010, public meeting to discuss draft U.S. positions for the 38th Session of the Codex Committee on Food Labeling (CCFL) slated for May 3-7, 2010, in Quebec City, Canada. Issues to be discussed include (i) “Labeling Provisions in Draft Codex Standards”; (ii) “Implementation of the WHO Global Strategy on Diet, Physical Activity, and Health,” which includes consideration of the “List of Nutrients That Are Always Declared on a Voluntary or Mandatory Basis,” and the legibility and readability of nutrition labeling; (iii) “Guidelines for the Production, Processing, Labeling and Marketing of Organically Produced Foods”; (iv) “Labeling of Foods and Food Ingredients Obtained through Certain Techniques of Genetic Modification/ Genetic Engineering”; and (v) “Discussion Paper on the Need to Amend the General Standard for the Labeling of Prepackaged Foods in Line with the International Organization of…
The U.S. Government Accountability Office (GAO) recently issued a report criticizing the Food and Drug Administration (FDA) for its handling of irradiated food products. In response to congressional inquiries, GAO examined current and proposed FDA labeling requirements for irradiated foods, as well as “the extent to which FDA has effectively managed the petition review process for irradiated food.” Despite efforts to bolster public acceptance of irradiated products, FDA “has not effectively managed its petition review process, which is the vehicle to potentially allow more food products to be irradiated,” according to GAO. The report describes ionizing radiation as a safe and effective process capable of eliminating “99.999 percent of E. coli 0157, Listeria and Campylobacter,” but notes that the current labeling scheme may suggest “these foods are less safe.” It also censures FDA’s failure to meet “key statutory and regulatory timeframes” for six currently active and pending food irradiation petitions.…
President Barack Obama (D) signed the Patient Protection and Affordable Care Act into law on March 23, 2010. Pub. L. 111-148. Tucked into this sweeping health care reform measure is a provision that will require restaurants, retail food establishments and vending machines to provide certain nutrition information. The new law expands the provisions of the Nutrition Labeling and Education Act of 1990, which requires nutrition labeling for packaged food products. When they take effect, the new requirements will apply to a broad range of establishments from restaurants, delis and bakeries, to grocery store soup and salad bars and possibly even soda fountains in gas stations and convenience stores, as well as concession stands at movie theaters and sports venues. New Requirements Could Apply to Wide Range of Establishments Section 4205 of the health care reform law amends the misbranded food provisions of the Federal Food, Drug, and Cosmetic Act to…
