Big news in nutrition labeling!

The FDA has sent  a WARNING LETTER to 17 food manufacturers notifying them that 22 of their food products violate the Federal Food, Drug, and Cosmetic Act. From yesterday’s FDA press release:

The violations cited in the warning letters include unauthorized health claims, unauthorized nutrient content claims, and the unauthorized use of terms such as “healthy,” and others that have strict, regulatory definitions.

Some prominent examples (see all here):

POM Wonderful – The product makes claims that it will treat, prevent, or cure diseases such as hypertension, diabetes, and cancer. These types of claims are not allowed on food products.

Juicy Juice All-Natural 100% Juice Orange Tangerine and Juicy Juice All-Natural 100% Juice Grape – The product labels imply that the products are 100% juice when they are actuallyjuice blends with added flavors.

Nature’s Path Organic Flax Plus Multibran Cereal – The product label includes the nutrient claim, “excellent source of Omega-3+,” which has not been approved for use on food products.

The warning letters follow an October 2009 statement by Commissioner of Food and Drugs Margaret Hamburg, M.D., encouraging companies to review their labeling to ensure that they were in compliance with FDA regulations, and were truthful and not misleading. Kudos to Dr. Hamburg, who, unlike her predecessors, is unafraid to take on the food industry, just as a strong regulatory body should.

Here’s why these letters are a monumental turning point:

1. They indicate that food labeling truly is a high priority for the FDA
2. They show, by example, that there is no wiggle room for creative health claims (ie – health claims are not supposed to be marketing claims)
3. They warn the entire industry that companies not in compliance need to shape up or else…
4. Going forward, the FDA will be much more proactive in determining the best way to provide front-of-pack nutrition information to consumers.

While some detractors may pull out their “nanny-state” claims, it is our position that the free markets have failed the US consumer, who is today fatter and sicker as a result of too much bad food peddled by manufacturers. A strong regulatory body stands not to interfere with competition, but to make sure the rules of the game are being observed and that profits are not at the expense of public health.

What to do at the supermarket:

While all this is great news, your local supermarket is still choc full of misleading products and health claims. Our suggestion is to invest the time in reading the nutrition fact labels and ingredient lists, skipping the front of pack claims altogether.

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New! Choose a better breakfast with CerealScan™ by Fooducate

We wrote a few days ago about the odd health claim General Mills has tacked on to its Cheerios breakfast Cereal. According to the cereal manufacturer, consuming Cheerios reduces cholesterol by 10% in a month.

Seems like we weren’t the only ones that got ticked. The FDA has officially scolded General Mills last week. But the FDA is not disputing the health claim itself. The FDA wants it to be rephrased, because as it appears now, Cheerios would have to be classified as a drug, not a food.

Ridiculous, no?

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From the Coca-Cola Company

The FDA issued a warning letter to the Coca-Cola Company regarding the labeling of Diet Coke Plus:

the product makes a nutrient content claim but does not meet the criteria to make the claim.

The product’s labeling describes the drink as “Diet Coke with Vitamins and Minerals.” On its website, Diet Coke Plus claims to have 10% of recommended daily intake of magnesium and zinc, and 15% of niacin, vitamin B6, and vitamin B12. The FDA has strict regulations as to what claims can be made and when:

Your product Diet Coke Plus is a carbonated beverage. The policy on fortification in 21 CFR 104.20(a) states that the FDA does not consider it appropriate to fortify snack foods such as carbonated beverages. Additionally, the label of your product does not state the identity of a reference food and the percentage (or fraction) of the amount of the nutrient in the reference food by which the nutrient in the labeled food differs, as is required for relative claims such as “plus” under 101.13(j)(2). Therefore, the “plus” claim on the label of this product does not meet the requirements of 21 CFR 101.54(e)(1).

Read the full letter…

What you need to know:

The nutrient enriched drinks market is one of the fastest growing segments in the beverage industry. Think of calcium fortified orange juice, or vitamin waters and you’ll get the idea. Coca-Cola has taken this trend one step further by enriching a carbonated soft drink. Who knows, maybe Twinkies will also become a health food soon.

The FDA has created guidelines regarding health claims and nutrient claims that are fairly straightforward (for a government agency that is…). But there are always loopholes that smart marketers can exploit. For more information on health claims, check this post.

Regardless of regulation, it’s clear that consumers are responding to health claims, even if they seem a bit out of place on snacks and soft drinks. And that is where the FDA steps in to protect the consumer.

What’s interesting though, is that it took the FDA more than a year to send off the letter. Diet Coke Plus has been out on the market since early 2007! What was the FDA waiting for?

What to do at the supermarket:

If you want a fun tasting carbonated beverage with a low calorie count, a diet Coke may hit the spot. However, if you are looking for vitamins and minerals, do yourself a favor and leave the soft drink aisle. Get the good stuff either in a fruit juice, or better yet at the produce section.

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