FDA Proposes Changes to Nutrition Facts Labels on Food
The Food and Drug Administration is proposing new requirements for nutrition facts labels on food, in two proposed rules set for publication on March 3. Under one proposal, FDA would revise the information required on nutrition facts labels and change how the nutrition facts are presented. That proposed rule would also require that manufacturers keep records on added sugar, the amount of dietary fiber, and certain vitamin contents. FDA’s other proposal would increase recommended serving sizes to bring them into line with current eating habits, and would require an additional column of nutrition information for packages that contain more than one serving but could be consumed in one sitting. Under both proposed rules, nutrition facts labels would have to comply with the new requirements within two years of the date any final rule takes effect. Comments on each proposal are due June 2.
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“By revamping the Nutrition Facts label, FDA wants to make it easier than ever for consumers to make better informed food choices that will support a healthy diet.” said Michael Taylor, FDA deputy commissioner-foods and veterinary medicine, in a statement released alongside the proposed rules (here). “To help address obesity, one of the most important public health problems facing our country, the proposed label would drive attention to calories and serving sizes.”
FDA Proposing Changes to Format and Info on Nutrition Facts Labels
FDA’s proposed rule on nutrition label contents (here) would “provide updated nutrition information on the label and improve how the nutrition information is presented to consumers, in light of current scientific evidence, dietary recommendations of most recent consensus reports, and public comments received in response to advance notices of proposed rulemaking,” said the agency.
Reporting requirements. The proposal would change what is required to be reported on nutrition facts labels, as follows:
Minus calories from fat. Remove the declaration of “calories from fat” because the type of fat is more relevant than the overall total fat intake.
Plus added sugars. Add a requirement to declare added sugars on nutrition labels.
New vitamins and minerals. Update the list of vitamins and minerals to remove the requirement that vitamins A and C be reported on nutrition facts labels, and add a new requirement that vitamin D and potassium be reported. Reporting of vitamins A and C on nutrition labels would still be allowed, but would be made optional.
Recommended daily values. FDA is also proposing to revise the “recommended daily values” used to calculate the percentage of recommended daily consumption for each nutrient contained in a food. That would include lowering the recommended daily consumption of sodium.
New format. The proposed new nutrition facts label would require larger text for the amount of calories and number of servings per container. It would also move the percentage of daily value (% DV) to the left side of the label to highlight the information. The proposed rule would remove the requirement that a footnote table list the reference values for certain nutrients for 2,000 and 2,500 calorie diets, said FDA. A comparison of the current proposed labels is available (here).
Recordkeeping. The proposed rule would require records be kept to support the declaration of certain nutrients. For products that contain (i) non-digestible carbohydrates that do not meet the definition dietary fiber, (ii) more than one source of sugar, (iii) added sugars that undergo fermentation, (iv) various forms of vitamin E, or (v) folate and folic acid, FDA would require manufacturers to maintain records and verify their declarations on these nutrients. Records would have to be kept for at least two years.
FDA Proposal Would Up Serving Sizes, Require Additional Labeling
The other concurrently-issued FDA proposed rule (here) would modify requirements for serving sizes, and require an additional column on nutritional facts labels in some cases. FDA said it is making these changes because of changes to how food is being consumed, as well as because of a recognition that container sizes can change the amount of food consumers are likely to eat. More information on changes to serving sizes is available (here).
Bigger serving sizes. For certain foods, FDA’s proposed rule would change the amount of food in a single serving to reflect the amount that people currently eat. For many foods, including ice cream and soda, the recommended serving size would be higher. For others, like yogurt, FDA’s proposal would reduce the recommended serving size.
Single-serving containers. FDA is proposing that all containers that include less than twice the recommended serving size be labeled as a single-serving container. Examples of affected containers would include 20 ounce soda bottles and pints of ice cream, as well as some sizes of cereal boxes and bags of potato chips. FDA said it is making this change because some packaging sizes encourage consumers to eat or drink all of their contents, even if they may be more than the recommended serving.
Dual-column labeling. For containers with at least twice the recommended serving size, but less than four times the recommended serving size, FDA would require an additional column on the label that lists nutritional information for the entire package.
Hard candies and breath mints. FDA says its new proposed rule covers serving sizes for hard candies and breath mints, so the agency in a concurrent Federal Register notice (here) is withdrawing a proposed rule issued in 1997 on serving sizes for those products.
Compliance Required Two Years After Final Rule
Both proposed rules say that the new requirements would take effect 60 days after a final rule is published in the Federal Register. Compliance with the new requirements would be required two years after the final rule’s effective date.