FDA: Ensure Voluntary Food Nutrition Labels Comply With Regulatory Requirements

Voluntary nutrition labeling programs implemented by large U.S. food manufacturers have come under renewed fire recently. In an October 19 letter to manufacturers, the Food and Drug Administration gave the industry notice it is actively investigating and initiating review of nutrition claims included in front of package (FOP) and point of purchase nutrition labels.

According to the FDA, research indicates that when provided with FOP labeling, people are less likely to check the nutrition facts labels on foods. It cautioned that care must be taken to ensure information presented to the consumer is "nutritionally sound [and] well-designed to help consumers make informed and healthy food choices, and not be false or misleading."

The agency noted it is reviewing several FOP labels and comparing the nutritional criteria used to support these labels with FDA regulatory requirements. Particular focus is being placed on foods that claim to be "smart choices" or "heart healthy." FOP labels are voluntary, yet are still subject to the requirements of the Food, Drug and Cosmetic Act, particularly the provisions related to false or misleading advertising.

The industry letter also states that FDA is drafting a proposed regulation defining "the nutritional criteria that would have to be met by manufacturers making broad FOP or shelf label claims concerning the nutritional quality of a food, whether the claim is made in text or in symbols"—and that any criteria developed would be "standardized" and "science-based."

Health and nutrition are hot topics for consumers right now, and it makes sense for companies to respond to the demands of the public. However, with the FDA's renewed focus on FOP and point of purchase nutrition labeling, it is important to ensure that all food label nutrition claims—not just information included in the mandatory nutrition panel—comply with FDA regulations and have the necessary support.