FDA proposes new food label regime in US

FDA PROPOSED A NEW NUTRITION FACTS PANEL IN US The current Nutrition Facts panel appeared on the shelves in USA in 1993 and was created to educate consumers to an healthy balanced diet. However, after more than twenty years, the FDA announced its intention to adopt some changes to the labels currently on the market.

The proposal comes after years of study, research and commentary from scholars and public opinion. The purpose of such an important change is to make the panel easier to read and understand, as well as to continue the fight of the public administration against obesity and NCDs (“non communicable diseases"), such as diabetes and strokes.

The changes, proposed in two different acts, mainly concern: 1 . News on the information on the label and graphic highlighting of certain elements.

A) It will be mandatory to provide information about the “added sugars".

This information will allow the consumer to check for the total of added sugar in the finished products. The experts recommend a low intake of calories from sugars, especially those added, and only a few days ago WHO published recommendations about a maximum intake of 10% on the daily total calories.

B) An indication of the amount of Potassium and Vitamin D will be mandatory, while the declaration of Vitamin A and C will be made exclusively on a voluntary basis.

According to the FDA, the more important nutrients for public health should be Calcium, Iron, Potassium and Vitamin D. The first two are already indicated in the labels. The last two will be included as mandatory in the labels accordingly to the amendment proposed by the FDA: Vitamin D for its function on growth and maintenance of bones and potassium because it lowers blood pressure. The inclusion of Vitamin A and C, on the contrary, will no longer be required because in the diets of U.S. citizens generally there are no large deficiencies of these nutrients.

C) The indication of "Total fat", “Satured fat" and "Trans fat” will be mandatory.

There will be no need to indicate the total calories from fat anymore, because researches has shown that it is more important to know the type of fatty assumed, rather than the amount of calories from that source.

D) Revised Daily Values for some nutrients, such as dietary fiber, and vitamin D (% DV); E) Revised Daily Values for of sodium, with a reduction from 2,400 to 2,300 mg.

This last change, heavily sponsored by the Center for Science in the Public Interest (CSPI), might see a further lowering of the DV up to 1500 mg, as recommended by the CSPI. 2. New requirements graphics and innovative design of the panel The new rules introduces a new design for the labels, in order to promote a better understanding and to direct the consumer’s gaze to the information deemed most relevant, seeking an indirect improvement of public health.

A) Bold font and larger font size for the total calories indication; B) Bold font and larger font size for the serving size indication;

C) Movement of the Daily Values percentages in the left column; D) Change of footnotes, in which will be better explained the meaning of the DV and of the relative percentages (% DV).

3. Updated serving size requirements Another change regards the indication about serving size. It is important that these statements are based on what people actually eat and drink, rather than on what they should eat or drink. In twenty years, many eating habits changed and the dominant trend led to an increase in the portions assumed.

A) The foods and drinks consumed in a single serving will not have to report information relating to the serving size. Otherwise, that could make people believe that they are intended to be consumed in multiple sessions.

B) Will be mandatory to indicate on the foods that can be consumed as a single dose or in multiple sessions, a double column. ***** The proposed rules appeared in the Federal Register on Monday, 3rd March 2014 and was granted a comment period to of ninety days, ending up on 2nd June 2014.

The FDA plans to finalize the new rules by 2015, giving operators a transitional period of two years to adapt their labels.

Cesare Varallo Food lawyer - Founder of www.foodlawlatest.com