The Council of Better Business Bureaus' Children's Food and Beverage Advertising Initiative (CFBAI) has announced an agreement among 18 companies to strengthen nutrition criteria for advertising to children under 12. Under the agreement, participating companies will not advertise food products to children unless the foods meet several updated standards, including reduced sodium levels. The standards will also limit "whole grain" labeling to those foods that "contribute a meaningful amount of whole grains" and limit nutrient-based qualifiers to "under-consumed" nutrients rather than "essential" nutrients. CFBAI also issued a white paper detailing the updated standards and the reasoning supporting each change. The implementation date is January 1, 2020, chosen to coincide with the U.S. Food and Drug Administration's updated food-labeling regulations.
Tag Archives nutrition
The U.K. Advertising Standards Authority (ASA) has again barred HJ Heinz Foods UK from airing a television commercial suggesting that the nutritional benefits of beans and a protein supplement are comparable. After ASA found that the ad made an unpermitted nutrition claim, Heinz changed a line in the commercial to reduce an implied comparison between the levels of protein, fiber and fat in a protein shake and a serving of beans. ASA found that the updated version of the ad continued to create the “overall impression” that the two products were comparable and banned the ad from running on television.
The U.S. Food and Drug Administration (FDA) has announced the launch of a “major educational campaign for consumers” about changes to the Nutrition Facts label on food products. The campaign will include educational videos, social media outreach and “user-friendly” websites to help consumers understand the relationship between their daily dietary choices and the risk of chronic disease. FDA will also provide guidance to industry on label updating. The announcement included information on new guidance on added sugars for producers of honey, maple syrup and certain cranberry products; guidance on serving sizes; and final guidance on what evidence FDA reviews on various non-digestible carbohydrates that may be added to food and labeled as fiber. The agency also indicated that it will evaluate industry petitions related to non-digestible carbohydrates.
The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged foods and beverages that includes added-sugar content and emphasizes calorie content. The FDA guidance document on the changes was updated to note that it received feedback from industry and consumer groups about the compliance dates. "As a result, the FDA intends to extend the compliance dates to provide the additional time for implementation," the guidance documents states. "The framework for the extension will be guided by the desire to give industry more time and decrease costs, balanced with the importance of minimizing the transition period during which consumers will see both the old and the new versions of the label in the marketplace." Issue 638
The Center for Science in the Public Interest (CSPI) and National Consumers League have filed a lawsuit alleging the U.S. Food and Drug Administration’s (FDA’s) decision to delay implementation of rules requiring chain restaurants and food sellers to display nutritional information violated the Administrative Procedure Act. Ctr. for Sci. in the Pub. Interest v. Price, No. 17-1085 (D.D.C., filed June 7, 2017). The plaintiffs allege that the agency “repeatedly delayed” the compliance date for the nutritional labeling rules, which were originally scheduled to take effect in December 2015. One day before the revised enforcement date in May 2017, FDA announced that compliance would be delayed until May 2018. The plaintiffs request that the court vacate the delay. Additional details on the delay announcement appear in Issue 633 of this Update. “The Trump administration’s delay of menu labeling ill serves consumers, who need and want better information about their food choices,” CSPI Director of Nutrition Policy Margo G. Wootan said in a June…
The European Commission (EC) has published a report finding that foods intended for sportspeople do not require special provisions under the regulation on food for specific groups (FSG Regulation), which will replace the framework on foodstuffs intended for particular nutritional uses (PARNUTs) on July 20, 2016. Based on the results of an external study commissioned by the EC Directorate General for Health and Food Safety, the report explains that the FSG Regulation covers foods targeting vulnerable population groups— such as food for infants and young children, food for special medical purposes, and total diet replacement for weight control—but does not extend to sports foods intended for either (i) sportspeople who practice sport more than once a week, or (ii) lifestyle users who practice sport less than once a week or not at all. “Thus, since a categorization as foodstuff intended for particular nutritional uses will no longer be available to…
The U.S. Food and Drug Administration (FDA) has announced revisions to the Nutrition Facts label designed to emphasize “the link between diet and chronic diseases such as obesity and heart disease.” In addition to highlighting calories, servings per container and serving-size declarations through a combination of increased type size and boldface, the new labels will (i) require “added sugars” in grams and as a percent daily value, (ii) require Vitamin D and potassium values, and (iii) make Vitamins A and C optional. Citing scientific research, FDA has updated several daily values and eliminated “Calories from Fat,” but increased mandatory serving sizes to better reflect food consumption data. Food packages containing one to two servings that are typically consumed in one sitting must list calories and nutritional information for the entire packaged portion. Manufacturers must also use dual-column labels for 24-ounce sodas, ice cream pints and other foods and beverages that…
The U.S. Food and Drug Administration (FDA) will reconsider how “healthy” may be used on food packaging following the evaluation of a citizen petition filed by Kind LLC. FDA previously challenged Kind’s use of “healthy” on its nut bars, which contain more fat than permitted due to the inclusion of nuts, and Kind changed its packaging accordingly but filed a petition for reconsideration of the issue. The existing guidelines were created during the 1990s and reflect accepted standards of that time, including a preference for foods low in fat without regard to the nature of the fat. FDA has now allowed Kind to use “healthy and tasty” on its packaging “only in text clearly presented as its corporate philosophy, where it isn’t represented as a nutrient content claim, and does not appear on the same display panel as nutrient content claims or nutrition information.” Further details about the dispute appear…
The U.S. Food and Drug Administration’s (FDA’s) Center for Food Safety and Applied Nutrition has published a report finding that 77 percent of surveyed adults use the Nutrition Facts label at least some of the time when buying a food product. Intended to help the agency regulate food and dietary supplement labeling, the 11th edition of the FDA Health and Diet Survey relies on data from 2,480 participants interviewed by telephone or cellphone about their use of nutrition labels and understanding of nutrition claims, purchasing practices and general attitudes toward nutrition and health issues. The results highlight consumer attitudes about salt reduction, with almost all respondents agreeing “the nation eats more salt than we should.” Of these, 50 percent believe individuals are most effective in curbing their own salt consumption, while 25 percent believe the responsibility lies with food manufacturers and retailers, 5 percent with restaurants, and 5 percent with…
A California federal court has refused to certify a class of consumers alleging that R.C. Bigelow Inc. misled them by over-representing the amount of antioxidants contained in its green tea. Khasin v. R.C. Bigelow, Inc., No. 12-2204 (N.D. Cal., order entered March 29, 2016). The court previously refused to allow the plaintiff to seek financial records to calculate damages. Additional details appear in Issue 575 of this Update. In its certification analysis, the court found fault with the plaintiff’s three suggested damages models: (i) a restitution calculation, (ii) statutory damages or (iii) a nominal alternative. The plaintiff argued that the restitution calculation model should amount to payments of the full purchase price of the product because the tea is allegedly “legally worthless” for failing to meet U.S. Food and Drug Administration requirements on antioxidant nutrient claims. The court refused to find that consumers received no benefit from drinking the tea, “in…
