Volume 6, Number 5 - May 2005

IN THIS ISSUE:

• FDA Proposes Study on Food Labels Carb Claims

• FDA Seeks Comment on Nutrition Labels Calorie Prominence

• FDA Seeks Comment on Nutrition Labels Serving Sizes

• FYI: Economics of Restaurant Nutrition Labeling

Welcome to your monthly update on government actions for food labels, brought to you by Food Consulting Company. This month Food Label News reports on FDA's request for public comment on three labeling issues that are listed as 2005 priorities of FDA's Center for Food Safety and Applied Nutrition. All three issues are in study stages and do not affect January 1, 2006, food label requirements.

FDA Proposes Consumer Study on Food Labels Carb Claims

In an April 8, 2005, Federal Register notice, FDA describes a proposed experimental study of carbohydrate claims on food labels. The purpose of the study is to increase FDA's understanding of consumer response to carbohydrate claims. The notice describes details and solicits comments on the necessity, value, and quality of the proposed study.

The claims to be tested in the proposed study include -- carb free, low carb, x g net carbs, carbconscious, good source of carb, and excellent source of carb.

Read notice: http://www.fda.gov/OHRMS/DOCKETS/98fr/05-7026.htm

Commentary: As previously reported by Food Label News, FDA has not approved nutrient content claims for carbohydrate and therefore the terms -- no, free, low, reduced, and good source -- are not currently allowed on food labels in association with the term carbohydrate.

FDA does allow food companies to use "net carb" and "glycemic index" statements on food labels, as long as they are truthful and not misleading. Food glycemic index (and glycemic load) values must be determined/substantiated by clinical testing. Food Consulting Company can refer you to a clinical research organization for this analysis. For more information

For background on FDA's current position on carbohydrate claims and to access FDA's Carbohydrates Fact Sheet, see April 2004 Food Label News:  http://www.foodlabels.com/archive/2004_04.htm

In response to recommendations of the Obesity Working Group, FDA has issued an advance notice of proposed rulemaking (ANPRM) to request comment on whether and how to amend nutrition labeling regulations to give more prominence to calories on food labels. Interested parties are asked to comment on questions pertaining to:

• Prominence of calorie information

• Calories from fat

• Consumer use of calorie information

• Reformulation of foods and package redesign by industry

See the ANPRM and submit comments: http://www.fda.gov/OHRMS/DOCKETS/98fr/05-6643.htm

Commentary: FDA may propose regulatory change for calorie prominence based on the information collected, but the January 1, 2006, new food labeling requirements for trans fat and allergen declarations are not affected by this ANPRM in any way.

FDA has issued an advance notice of proposed rulemaking (ANPRM) to request comment on whether and how to amend certain provisions of the agency's nutrition labeling regulations concerning serving size. Interested parties are asked to comment on questions pertaining to:

• Updating reference amounts commonly consumed

• Single-serving containers reporting two or more servings

• Allowance of calorie comparisons of different portion sizes

This information collection is in response to recommendations by the Obesity Working Group.

See ANPRM and submit comments: http://www.fda.gov/OHRMS/DOCKETS/98fr/05-6644.htm

Commentary: FDA may propose regulatory change for serving sizes based on the information collected, but the January 1, 2006, new food labeling requirements for trans fat and allergen declarations are not affected by this ANPRM in any way.

For background on FDA's current commitment to enforce accurate serving size statements, see April 2004 Food Label News: http://www.foodlabels.com/archive/2004_04.htm

The report discusses cost/benefits for both industry and consumers. Restaurants committed to offering nutrition information for menu items voluntarily can contact Food Consulting Company at www.foodlabels.com. Food Consulting Company has provided nutritional analysis services for restaurant websites, brochures, and posters since the company's start in 1993.

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