The Federal Trade Commission announced yesterday that Kellogg’s has admitted it falsely advertised the nutritional merits of kids breakfast cereal Kellogg’s Frosted Mini Wheats Bite Size Cereal. From the LA Times:

Kellogg’s national TV ads asserted that attentiveness improved nearly 20 percent in children who ate the cereal, compared with those who skipped breakfast, the FTC said. But the study the ads refer to found a benefit from eating Frosted Mini-Wheats in only half the children studied, and only 11 percent of the children’s attention improved 20 percent, according to the FTC.

“We tell consumers that they should deal with trusted national brands,” FTC Chairman Jon Leibowitz said in a statement. “So it’s especially important that America’s leading companies are more attentive to the truthfulness of their ads and don’t exaggerate the results of tests or research.”

Read the article…

The PR folks at Kellogg’s quickly issued a statement citing the company’s “long history of responsible advertising.”

The maximum fine Kellogg’s can expect – $18,000. That’s sure to deter a company that last year of $13,000,000,000 (that’s 13 billion dollars).

What you need to know:

Health claims on food packaging are used to promote sales. In many cases, the actual science behind the claims is questionable. But in many borderline cases, the government can’t do anything about it because it will get sued on the grounds of limiting a Constitutional right of Freedom of Speech.

The Nutrition Labeling and Education Act (NLEA), passed in 1990, requires all packaged foods to bear standard nutrition labels including ingredient lists and nutrition data. The food ingredient panel, serving sizes, and terms such as “low fat” and “light” were standardized. As a concession to food manufacturers, who lobbied heavily during the legislation process, the government authorized some health claims for foods as part of the new law.

The health claims are regulated by the FDA, but there is enough leeway within the regulations to allow manufacturers, relying on very flimsy research, to post preposterous claims such as Kellogg’s.

What to do at the supermarket:

Do not be fooled into believing health claim on a box of cereal, or any other product for that matter. Take them for what they are -  marketing speak.

The real data is in the nutrition panel where you can find a full list of ingredients along with nutritional information. And even then you need to watch out for sneaky tricks such as minuscule serving sizes that make the calorie count seem low, trans-fat labeled as zero when it’s not, etc…

The simplest solution is to choose minimally processed foods, with short understandable ingredient lists. Staying away from certain aisles in the supermarket (beverages, snacks, frozen dinners) can help.

And, if you have questions, to ask Fooducate. feel free to drop us a line : blog at fooducate dot com

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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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Updated: June 2009

In the early 13th century, the king of England proclaimed the first food regulatory law, the Assize of Bread, which prohibited bakers from mixing ground peas and beans into bread dough. Ever since, it has been a cat and mouse game between the food industry and the public (fast forward to China 2008 – melamine in milk powder anybody?). In the US, food regulation dates back to early colonial times. Here is a brief overview of the last 150 years of government and industry food regulation:

1862 President Lincoln launches the Department of Agriculture and the Bureau of Chemistry, the predecessor of the Food and Drug Administration.

1906 The original Food and Drugs Act is passed. It prohibits interstate commerce in misbranded and adulterated foods, drinks and drugs.

1906 In the aftermath of “The Jungle” by Upton Sinclair, which detailed the horrendous sanitary and working conditions in the meatpacking industry, the Meat Inspection Act is passed.

1924 The Supreme Court rules that the Food and Drugs Act condemns every statement, design, or device on a product’s label that may mislead or deceive, even if technically true.

1938 A revised and expanded Federal Food, Drug, and Cosmetic (FDC) Act of 1938 is passed. Highlights include: safe tolerances to be set for unavoidable poisonous substances, standards of identity, quality, and fill-of-container to be set for foods, and authorization of factory inspections.

1939 First Food Standards issued (for canned tomatoes, tomato purée, and tomato paste).

1949 FDA publishes guidance to industry for the first time, called “Procedures for the Appraisal of the Toxicity of Chemicals in Food,” (aka the “black book”)

1950 Oleomargarine Act requires prominent labeling of colored oleomargarine, to distinguish it from butter. (Yes, swindlers tired to sell folks cheap margarine in the guise of butter.)

1958 Food Additives Amendment enacted, requiring manufacturers of new food additives to establish safety. Going forward, manufacturers were required to declare all additives in a product.

1958 FDA publishes the first list of food substances generally recognized as safe (GRAS).

1962 President Kennedy proclaims the Consumer Bill of Rights. Included are the right to safety, the right to be informed, the right to choose, and the right to be heard.

1965 Fair Packaging and Labeling Act requires all consumer products in interstate commerce to be honestly and informatively labeled, including food.

1971 Artificial sweetener saccharin, included in FDA’s original GRAS (generally recognized as safe) list, is removed from the list pending new scientific study.

1973 California Certified Organic Farmers (CCOF) is formed. Begins with 54 farmers mutually certifying each other’s adherence to its own published, publicly available standards for defining organic produce.

1977 Bowing to industry pressure, the Saccharin Study and Labeling Act passed by Congress to stop FDA from banning the chemical sweetener but requiring a label warning that it has been found to cause cancer in laboratory animals.

1980 Infant Formula Act establishes special FDA controls to ensure necessary nutritional content and safety.

1980 The USDA Food and Nutrition Information Center (FNIC) publishes the 1980 Dietary Guidelines for Americans. The guidelines are updated every 5 years. In 1980 there were 7 guidelines. In the 2005 Dietary Guidelines for Americans, there were 41 recommendations in a 71 page booklet!!!

1982 FDA publishes first “red book” (successor to 1949 “black book”), officially known as Toxicological Principles for the Safety Assessment of Direct Food Additives and Color Additives Used in Food.

1990 Nutrition Labeling and Education Act (NLEA) is passed, requires all packaged foods to bear nutrition labeling and all health claims for foods to be consistent with terms defined by the Secretary of Health and Human Services. As a concession to food manufacturers, the FDA authorizes some health claims for foods. The food ingredient panel, serving sizes, and terms such as “low fat” and “light” are standardized. This is pretty much the nutrition label as we know it today.

1991 Nutrition facts, basic per-serving nutritional information, are required on foods under the Nutrition Labeling and Education Act of 1990. Food labels are to list the most important nutrients in an easy-to-follow format.

1995 Saccharin Notice Repeal Act repeals the saccharin notice requirements of 1977.

1995 American Heart Association initiates a food certification program including AHA’s Heart Check Symbol to appear on certain foods.  Criteria is simple – low in saturated fat and cholesterol for healthy people over age 2. Oh and also, a certification payment to AHA by the food manufacturer. Now you know why sugary cereal is Heart Checked.

1998 Transfair, the US Fair Trade organization is established, with a mission “to build a more equitable and sustainable model of international trade that benefits producers, consumers, industry and the earth”.

2002 The 2002 Farm Bill requires retailers provide country-of-origin (COOL) labeling for fresh beef, pork, and lamb. After repeated debilitation and stakeholder pressures, the law would finally go into effect only 6 years later, on Oct 1, 2008, and even then with many loopholes.

2002 The National Organic Program (NOP),  enacted. It restricts the use of the term “organic” to certified organic producers. Certification is handled by state, non-profit and private agencies that have been approved by the US Department of Agriculture (USDA).

2003 Announcement made that FDA will require food labels to include trans fat content. Labeling went into effect in 2006.

2003 The FDA announced plans to permit the manufacturers of food products sold in the United States to make health claims on food labels which are supported by less than conclusive evidence. From “significant scientific consensus” before a claim can be made, industry can now rely on “Some scientific evidence” or “Very limited and preliminary scientific research” to make a health claim. Opponents criticize it as opening the door to ill-founded claims. Advocates believe it will make more information available to the public.

2004 Passage of the Food Allergy Labeling and Consumer Protection Act. Requires labeling of any food that contains one or more of: peanuts, soybeans, cow’s milk, eggs, fish, crustacean shellfish, tree nuts, and wheat.

2004 PepsiCo launches Smartspot – designating the “more nutritious” of its products with an easy to spot symbol on the front of package. Baked Doritos in. Fried Doritos out.

2005 Kraft launches Sensible Solutions, a similar initiative for its gamut of products including sugar-free Jello, vitamin water, and Nabisco toasted chips.

2005 President’s Choice launches Blue Menu to designate its healthier products.

2006 Hannaford Brothers Supermarket Chain launches Guiding Stars intended to help customers choose healthy foods. Foods are ranked 0 to 3 stars, with three stars awarded to most nutritious foods. Only 20% of the supermarket stocked items are starred, but sales of these items increase by several percentage points.

Sept 2008 NuVal launched – The nutritional value (NuVal) System scores food on a scale of 1 to 100. The higher the NuVal Score, the higher the nutrition of a food product. The score is based on a complex and *top secret* Overall Nutritional Quality Index (ONQI) that takes into account 30 different nutrients in food. [update: read review]

Oct 2007 Kellogg’s Launches Nutrition at a Glance based on the European Guideline Daily Amounts (GDA) system. Front of Package information includes daily percentage values for 6 nutrients: calories, total fat, sodium, sugars, vitamin A, and vitamin C.

Oct 2008 Mars International launches GDA labeling of its foods and snacks in the US.

Oct 2008 Smart Choices launched – a pan industry effort to promote a standardized benchmark for front of package consumer information. Initial supporters include General Mills, Con-Agra, Coca-Cola, PepsiCo, and Unilever. [update: read review]

January 2009 Healthy Ideas launched at Giant Foods and  Stop & Shop supermarkets. Around 10% of the items qualify for this benchmark, developed by the grocers’ nutrition experts and based on FDA and USDA guidelines.

January 2009 Sara Lee introduces Nutritional Spotlight front of package labels for bread, bun, and bagel products. This move is in contrast to an industry wide attempt by manufacturers to create a unified Smart Choice label. This label is similar to Mars’ and Kelloggs’ recent efforts.

January 2009 SuperValu introduces nutritionIQ shelf signage at its 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.

January 2009 Regional Grocery Chain, United Supermarkets, Introduces TAG Nutrition Labeling Program. Five color coded shelf labels point to Heart Healthy/Diabetes Management, Gluten-Free, Organic, Lean/Low-Fat for Meat and Dairy and Sugar-Free/Reduced Sugar products.

June 2009 – SuperValue introduces Healthy Elements program for its independent retail partners.

What’s next for food labels? Consumers interest groups will continue to demand more visibility and more information from manufacturers. More data will become available, but translating the wealth of information to a decision at the supermarket shelf will not necessarily become easier for consumers. Programs such as SmartChoices and NuVal may help consumers make better decisions, but ideally food manufacturers should not be the ones setting the benchmarks for their own products (that’s what the government regulator is supposed to be doing).

Visionaries see a day where each ingredient of every product on a shelf can be connected directly to the farm, factory, and other stakeholders involved in its processing. Now how do you fit all that on a pack of gum?

Sources: FDA, USDA, AHA, company and organization websites

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