This is a guest blog-post by  Professor Timothy D. Lytton

At the top of the FDA’s agenda for 2010 is regulating front-of-package nutrition labels.

Proponents of symbols like the Heart Check mark and the Smart Choices logo and rating systems like Guiding Stars and NuVal argue that they offer a quick way to help consumers identify foods that contribute to a healthy diet. Critics allege that the labeling schemes are confusing and misleading and have called for stricter government regulation. The Center for Science and the Public Interest (CSPI) recently released a report advocating that the FDA to develop a uniform, mandatory front-of-package labeling system.

But before the FDA gets into the business of creating its own front-of-package labeling scheme, it should first consider how existing regulations could be used to clamp down on misleading front-of-package labeling information. Better use of existing regulations would be a prudent first step in reigning in the current front-of-package free-for-all.

The FDA has promulgated extensive regulations governing the use of nutrient content claims on food labels—claims describe the level of a nutrient in a food. FDA regulations distinguish several different categories of nutrient content claims, and most front-of-package nutrition labels fall into one of three categories.

1. Simple Quantitative Statements: The Nutrition Highlights Panel

Some front-of-package nutrition labels present nutrient information in the form of simple quantitative statements concerning the amount of one or more nutrients in the food. General Mills’ Nutrition Highlights panel is an example of this type of label.

Existing FDA regulations allow for simple quantitative statements provided that they are accurate.

2. Rating Individual Nutrients: The Traffic Light Label

A second type of front-of-package nutrition label rates the level of individual nutrients on a scale. The British Food Standards Agency (FSA) traffic light label provides an example.

Under FDA regulations, any label claim that employs descriptive terms to characterize the level of a nutrient, such as “low in sodium” or “high in fiber,” may be made only for nutrients for which FDA has established a Daily Value (DV), may be used only if the food meets specified threshold requirements for the nutrient, and may employ only descriptive terms approved by the FDA. For example, a tub of yoghurt labeled “high in calcium” must contain at least twenty percent of the DV of calcium per 225 grams of yoghurt. Any front-of-package label that rates individual nutrients must conform to these strict guidelines. (Note: A daily value for sugar has not been established by the FDA.)

3. Seals of Approval: The Heart Check Mark & The Smart Choices Logo

A third type of front-of-package nutrition label combines analysis of nutrients to suggest that a food satisfies some minimum standard of overall nutritional value, such that it contributes to a healthy diet. The American Heart Association (AHA) Heart Check mark is an example.

The AHA explains on its website that the underlying nutrient criteria for the label are based on the Association’s dietary recommendations which it explains are consistent with federal dietary guidelines and health recommendations. The mark is intended to convey that a food is of high nutritional value by these standards.

Symbols like the Heart Check mark are functionally equivalent to label claims that a food is “healthy.” Under FDA regulations, foods labeled “healthy,” or any derivative of the term such as “healthier” or “healthful,” must not exceed specific thresholds of fat, saturated fat, sodium, and cholesterol and must contain requisite amounts of other nutrients such as vitamin A, vitamin C, calcium, iron, protein, and fiber, depending upon the food. “[T]he purpose of the ‘healthy’ claim,” explains the FDA, “is to highlight those foods that, based on their nutrient levels, are particularly useful in constructing a diet that conforms to current dietary guidelines.” This is precisely what symbols like the Heart Check mark are intended to convey, and this is how consumers understand them. They should, therefore, be required to meet FDA standards for “healthy” claims.

Some front-of-package nutrition labels place symbols of approval on products within a food category that have comparatively better overall nutritional value, although they may be foods of low nutritional value. The symbol is meant to indicate not that a food is healthy in the absolute sense but merely healthier in a relative sense. For example, the Smart Choices logo has appeared on cereals such as Cocoa Krispies and Froot Loops based on their relatively lower sugar content when compared to other highly-sweetened children’s cereals.

FDA regulations prohibit this type of relative healthy claim, explaining that,

“[t]he usefulness of a food labeled ‘healthy’ is not based on how it compares to a similar food, but on how it contributes to achieving a total diet consistent with dietary recommendations.”

Foods that are healthy only in a relative sense do not contribute to a total diet consistent with dietary recommendations and are, therefore, misleading. Under existing FDA regulations, front-of-package labeling schemes that make this type of relative “healthier” claim should be prohibited.

In a subsequent post, I will address how the FDA could further develop its regulations governing the use of healthy claims to regulate more complex front-of-package labels that rate the overall nutritional value of foods.

Timothy D. Lytton is the Albert and Angela Distinguished Professor of Law at Albany Law School where he teaches regulatory law & policy, constitutional law, administrative law, and tort law. His article “Signs of Change or Clash of Symbols? FDA Regulation of Nutrient Profile Labeling” (forthcoming in Health Matrix, vol. 19, no. 2) is available online by clicking here. He is also working on an article about regulation of nutrition standards for school food. For more information, visit his Albany Law School faculty website.

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UK’s Food Standards Agency (FSA), the British parallel of the FDA, commissioned a group to recommend an optimal front of pack nutrition labeling system. There are several schemes currently in effect, which causes great confusion amongst shoppers.

The results of the group’s work are not surprising. They recommend that a system based on the FSA developed Traffic Light system be chosen. We agree. Read why… Read more…

The new year has ushered in a blizzard of new food labeling systems aimed at helping consumers make healthier choices at the supermarket. This week it is Supervalu, which kicked off nutritionIQ at its California Albertsons stores.

The color-coded, easy-to-spot shelf tags, or cards, are supposed to aid shoppers in choosing low fat, high fiber and other good foods. From the SuperValu press release:

The program covers 11 different nutrient claims in seven categories with the shelf tags color-coded as follows:
• excellent or good source of fiber are denoted by orange tags,
• excellent or good source of calcium by blue tags,
• excellent or good source of protein by yellow tags,
• low or healthier level of sodium by dark green tags,
• low calorie by a purple tag,
• low saturated fat by a red tag and
• whole grains by a dark orange tag.

read the full press release…

It seems that in the last few months, simplifying food labels has become a must for all grocery chains and manufacturers. NuVal, GDA, Nutritional Spotlight, and Smart Choices are recent examples. For more details, read our history of product nutrition labeling. While easy to understand nutrition information is to be commended, consumers may become befuddled by the tower of nutritional babel.

The new system has been developed in cooperation with Joslin Clinic, part of an academic medical center affiliated with Harvard Medical School.

What you need to know:

Supervalu should be commended for taking this first step, showcasing the more nutritious foods in the supermarket. But will they also place signs on foods that are really not nutritious? Don’t hold your breath.

As a supermarket that needs to sell more, not less products, don’t expect Albertson’s to post NutritionIQ signage with negative nutritional information. In fact, Supervalu does not even plan to apply the benchmarks to snacks or beverages, where there is no chance to find nutrition.

What to do at the supermarket:

Although nutritionIQ tags simplify things for shoppers, always check the nutrition label as well to learn about the nutrients to limit. Many times low-fat means high in sugar. But the tag won’t necessarily tell you that.

In general, it’s best to select products with short ingredient lists. Unprocessed foods are easy to find at the supermarket. Just stick to the perimeter of the store, where you will find fresh fruit and vegetables, whole grains, low fat dairy and low fat cuts of meat.

Don’t be let simplifications created by the supermarket or a munufacturer catch you off guard. Remember, they want you to buy more, not less.

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It’s  unclear if  New Year weight loss resolutions are the reason, but for the second time in a week, a new front of package nutrition information label has been introduced.

Sara Lee joins the Food Label frenzy and has introduced Nutritional Spotlight. You can download their press release here [PDF]. The system, which is similar to the European GDA labeling, will initially appear on Sara Lee bread, bun, and bagel products. Similar labeling efforts were introduced by Kellogg’s and Mars late last year. The label simplification movement has shifted to high gear in the past few months with the introduction of  pan industry initiatives such as Smart Choices and NuVal. For more details, read our history of product nutrition labeling.

What you need to know:

While the underlying logic of simplyfing the nutrition labels is to be commended, this is a marketing play by Sara Lee, which will most definitely spotlight the positive nutrients in its products, not the negative ones.

What to do at the supermarket:

Choose products that don’t have a long ingredient list. Unprocessed foods are easy to find at the supermarket. Just stick to the perimeter of the stor, where you will find fresh fruit and vegetables, whole grains, low fat dairy and low fat cuts of meat.

Don’t be fooled by Nutritional Spotlights or other front of label nutrition simplifications created by specific food manufacturers because they are just an another arrow in their quiver of marketing messages.

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Over 60% of Americans use nutrition and ingredient labels on foods before making a purchase decision. However, many are confused by the data provided and can’t seem to make the optimal decision. There are several industry initiatives underway in the US and worldwide to simplify this information for customers. Mars International (Snickers anyone?) has announced

From NJ.com:

Mars says it will be the first candy company in the United States to introduce new labeling that will allow consumers to more easily scan how many calories a Snickers may have, or the fat content of a serving of M&Ms.

The labeling standards, known as Guideline Daily Amounts, break down — in percentage terms — a food product’s contribution to daily targets for nutrition, based on a 2,000-calorie a day diet.

Read more…

What you need to know:

The GDA system originated in the UK and is the food industry’s response to the “Traffic Light” labeling by the Food Standards Agency (UK’s FDA). Food manufacturers don’t like the traffic light system because the red lights shown for products high in fat or sugar may actually cause people to not buy it. The GDA system provide information as percentages of daily recommended values which may not seem as harsh. For example, a Snickers bar has 5 grams of saturated fat, a BIG RED LIGHT with the traffic light system, but a less harmful 25% of the recommended daily amount using GDA. Which of the 2 system do you think will make people put the candy back on the shelf?

GDA Sample

What to do at the supermarket:

A candy bar is a candy bar is candy bar. Buy and enjoy sparingly. Don’t think for a minute that it is healthy or nutritious. New labeling schemes such as GDA will help us out more when applied uniformly to all products in the supermarket. That way it will be easier to compare similar products.

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