Attorney General Richard Blumenthal urged the U.S. Food and Drug Administration (FDA) — as it considers adopting a uniform food labeling program — to ensure that it provides unbiased nutritional information and encourages food manufacturers to offer healthier products.
The FDA has proposed developing a national voluntary front-of-package food labeling program.
In formal comments filed with the FDA, Blumenthal was joined by 11 other states in urging that the FDA’s proposed program provide complete nutritional information — both good and bad — to empower consumers to make informed choices about the foods that they buy for themselves and their families.
Blumenthal’s recent investigation of the Smart Choices Program — which deemed nutritionally questionable foods smart choices — demonstrated a clear need for the FDA to formulate a national program to fight deceptive advertising, and to provide meaningful, easy-to-understand information to consumers.
“Only full disclosure of nutrition information will provide clear, consistent guidance to consumers,” Blumenthal said. “Full disclosure also will encourage food manufacturers to offer healthier alternatives by reformulating existing products and providing new ones.
“Combating diet-related chronic diseases and obesity is one of the most important public health missions of our time. Providing consumers with concise and meaningful nutrition information about the foods they buy for themselves and their families is an important step in this mission. I am encouraged that the FDA has taken on this important task, and hope that this process opens up a serious dialogue among food manufacturers, marketers, consumers and nutritionists about how this significant public health problem can be addressed.”
The “Smart Choices” Program was a voluntary labeling program designed by the food industry. It claimed to help guide consumer choices by indicating — with a checkmark symbol — whether a product had met certain nutrition criteria.
In some cases, cereals qualified for the healthy symbol because they met the Smart Choices criteria for fiber and vitamins, despite containing 12 grams of sugar per one-cup serving — approximately 40 percent of the serving by weight. Sugar was the most predominant ingredient in at least one cereal designated a Smart Choice.
The Smart Choices Program appeared to cherry-pick criteria from multiple guidelines in order to include as many products as possible. Blumenthal alleged the program was misleading, confusing and ultimately deceptive under Connecticut consumer protection laws. Shortly after Blumenthal raised concerns, the Smart Choices program was suspended indefinitely.
This industry-run program illustrated the need for a uniform labeling system to provide consumers with an accurate nutrition picture of the products available to them, Blumenthal said.
Blumenthal urged the FDA to follow specific principles in its labeling standards:
• Transparency of underlying standards. Any national front-of-package labeling system should be based on publicly available standards, including an updated version of the Dietary Guidelines for Americans 2005, containing the best available nutritional criteria.
• Applicability. Front-of-package labels should apply to as many foods as possible and not require payment by food manufacturers beyond a reasonable licensing fee.
• Understandability. Labels should be readily understandable by people of varying educational levels, based on the best consumer research.
• Helpfulness. Labels should be designed to facilitate informed and healthy consumer choices.
• Uniformity. A national, uniform front-of-package label should be the sole nutritional label on the front of food packages. Competing graphics or messages may confuse and mislead consumers, undermining the effort to provide clear information.
States that joined Blumenthal in filing formal comments to the FDA today included: Arizona, Delaware, Maine, Maryland, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Tennessee and Vermont.
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