The European Union has reportedly granted Neapolitan pizza a status of “traditional speciality [sic] guaranteed” (TSG), a premium labeling designation that “does not refer to an origin, but highlights the traditional composition or means of production.” According to media sources, the Italian government has successfully persuaded EU member states to approve their application stipulating that pizza napoletana—also known as pizza margherita—must be hand-kneaded and cooked in a wood-fired oven, use mozzarella from the southern Apennine Mountains, and contain specific kinds of flour, yeast, salt, and tomatoes. In addition, the pie must apparently feature an elevated crust rim of 1-2 centimeters (cm), a base that does not exceed 1/3 cm in thickness and a diameter less than 35 cm. While EU restaurants will still be able to proffer their versions of pizza napoletana, only products meeting these exact requirements can boast the coveted TSG logo. The Italian agriculture ministry has since noted…
Tag Archives labeling
The National Consumers League has sent a letter to the Food and Drug Administration (FDA) urging the agency to issue industry guidance in a renewed effort “to prevent consumers from being misled by the deceptive labeling of tomato products remanufactured from concentrate.” According to the league, it initiated efforts in 1990 that led the government to define the term “fresh” and require manufacturers to differentiate products prepared directly from fresh ingredients and those made from concentrate. The organization contends that “the marketplace once again is littered with false and misleading labels for tomato products claiming to be packed or made directly from fresh tomatoes.” The letter claims that food companies are misleading consumers by using phrases such as “packed full of premium vine-ripened tomatoes,” “packed from 100 percent California tomatoes” and “picks the freshest tomatoes,” to describe products “made from industrial tomato concentrate.” Citing FDA regulations requiring “from concentrate” or…
Ocean Spray, which introduced its Choice® dried cranberries in March 2009, has called “inaccurate” National Consumer League (NCL) allegations that the product is falsely labeled because it contains more sugar than cranberry. The NCL also reportedly contended that Choice® sweetened dried cranberries, which are sold to food manufacturers for use in baked products, trail mix, granola bars, and cereals, are made from cranberry skins. NCL apparently had the product tested and is concerned whether enough cranberry is being used to confer the fruit’s purported health benefits. A company spokesperson was quoted as saying, “Our Choice product is made from Grade A superior frozen whole cranberries which are then sliced and sent through our patented process including infusion of sugar, citric acid and elderberry juice to infuse flavor and color specifically developed to meet our industrial consumers’ needs for their variety of recipes. Being made from whole cranberries, Choice retains many…
Unilever United States, Inc. has asked a federal district court to dismiss a putative class action charging the company with falsely advertising its “I Can’t Believe It’s Not Butter”® product. Rosen v. Unilever U.S., Inc., No. 09-02563 (N.D. Cal, motion filed November 30, 2009). According to Unilever’s motion, this is a “Private Surgeon General” case that seeks refunds for products purchased over the last four years because Unilever allegedly (i) falsely claims that its products are “Made With A Blend of Nutritious Oils,” and (ii) fails to disclose that the products contain trace amounts of trans fatty acids. Unilever argues that the claims are preempted by federal law which requires a “zero” trans fat content label if the product contains less than 0.5 gram per serving. The company also seeks dismissal under the dormant Commerce Clause, contending that, “If successful, Rosen will Balkanize [trans fat] labeling rules—one set of rules for California…
The Food and Drug Administration (FDA) has published a notice seeking public comment on a proposed experimental study that would examine consumer reaction to possible modifications in the nutrition facts labeling format. The study results will reportedly help the agency understand whether label modifications “could help consumers to make informed food choices.” FDA intends to randomly select 3,600 people to review nutrition facts labels from a selection of different formats, foods and nutrition information, and then judge their reactions as to the foods’ “nutritional attributes and overall healthfulness” and whether the labels help “calculate calories and estimate serving sizes to meet objectives.” FDA invites comments on (i) whether the information collected “will have practical utility”; (ii) the “validity of the methodology and assumptions used”; (iii) “ways to enhance the quality, utility and clarity of the information to be collected”; and (iv) “ways to minimize the burden of the collection of information.”…
The Food and Drug Administration (FDA) has issued a proposed rule that would amend the agency’s animal-food regulations by requiring manufacturers to list the common or usual names of FDA-certified color additives on animal food labels, including animal feeds and pet foods. The amendment would make the regulations consistent with those that apply to human food and suggests how color additives not certified by FDA should be declared on the ingredient list of animal foods. According to FDA, the proposal responds to the Nutrition Labeling and Education Act of 1990, which modified the Federal Food, Drug, and Cosmetic Act by requiring food labels to list the common or usual names of all FDA-certified color additives. The 1990 amendments apply both to human and animal foods, but apparently regulations pertaining to animal foods have yet to be issued. Written comments will be accepted until February 22, 2010. See Federal Register, November…
The Canadian Heart and Stroke Foundation’s Health Check™ program has reportedly revised its front-of-package (FOP) labeling scheme to better reflect current nutritional guidelines. Similar to the Smart Choices® system recently discontinued in the United States, Health Check allows subscribing manufacturers to use its FOP logo on products that meet specific nutritional requirements. Partly in response to criticism leveled at its U.S. counterpart, the non-profit organization has announced plans to disqualify any cookies, puddings, snack foods, flans, or frozen dairy, soy or tofu desserts from entering the program after December 28, 2009. Health Check has also set new salt, sugar and fat limits for endorsed products, stipulating that trans fat cannot comprise more than 5 percent of the total fat content. In addition, soups in the restaurant program must reduce sodium levels to 480 mg per 250 mL by November 1, 2010. “The Health Check nutrient criteria developed by the Heart…
A provision in the U.S. House of Representatives’ proposed 1,990-page health care legislation (H.R. 3962) requires fast-food chains with 20 or more locations and vending machine owners to conspicuously post calorie counts. Section 2572 apparently goes a step further than menu-labeling initiatives in New York City and elsewhere by also requiring information about how those calorie counts fit into recommended daily guidelines. The provision requires that chain restaurants list the information “on the menu board including a drive-through board” and mandates that vending machine operators provide the data on “a sign in close proximity to each article of food or the selection button.” A spokesperson for the National Restaurant Association told a news source: “We’re very pleased that the nutrition information provision continues to garner bipartisan support, and we’re pleased that the agreement is now moving forward in the House of Representatives.” See Politico, October 30, 2009; Advertising Age, November…
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…
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…
