No Matter How Boring the Topic – If You Want Your Product On The Grocery Shelf – You will Need to Know Label Law
Previous articles on the topic I view important and hope you do to:
Nutritional Facts at a Glance 2014
FDA Changes to Nutrition Facts 2016
Changes to Nutrition Fact Labels 2017
The FDA has updated nutrition information, here’s the scoop.
In 2017, the FDA completed the first sweeping update in more than 20 years of the nutrition facts label, changing the design of the label and the list of nutrients to be declared.
In the context of the nearly 40% increase over those 20 years in the prevalence of obesity in the American population, it is unsurprising that the consumption of unhealthy fats and refined sugars leads the nutritional panel changes.
Why The Change:
Because consumers have been taking in more calories and sugar and food labels were not making realistic claims on the label. To reflect lower calories, companies increased servings per container.
Breyers All Natural as example, states 12 servings from their 1.5 Qt of ice cream, personally, I don’t know of 12 ice cream lovers able to share and be satisfied from that size container.
Or popular cola companies list 2.5 servings per 20 oz bottle, when most fans simply guzzle down the entire container.
Changes and What the New Label Looks Like:
The FDA’s initial deadlines for compliance with the new nutrition labels initially fell in 2018, depending on the size of the manufacturer, but they were later extended so that larger food manufacturers had to get new labels on shelves by January 1, 2020, and food manufacturers with annual sales of less than $10 million have until January 1, 2021. Manufacturers of most single-ingredient sugars, like honey and maple syrup, and makers of certain cranberry products have until July 1, 2021, to apply the required changes to their labels.
Update Information on Nutrients:
- Added sugars,” in grams and as percent Daily Value, must be included on the label. There are different labeling requirements for single-ingredient sugars.
- The list of nutrients that are required or permitted to be declared is being updated. Vitamin D and potassium are required on the label. Calcium and iron will continue to be required. Vitamins A and C are no longer required but can be included on a voluntary basis.
- While continuing to require “Total Fat,” “Saturated Fat,” and “Trans Fat” on the label, “Calories from Fat” was removed because research shows the type of fat is more important than the amount.
- Daily values for nutrients like sodium, dietary fiber and vitamin D have been updated based on newer scientific evidence from the Institute of Medicine and other reports such as the 2015 Dietary Guidelines Advisory Committee Report, which was used in developing the 2015-2020 Dietary Guidelines for Americans. Daily values are reference amounts of nutrients to consume or not to exceed and are used to calculate the percent Daily Value (% DV) that manufacturers include on the label. The %DV helps consumers understand the nutrition information in the context of a total daily diet.
Extension Announcement:
The FDA has not yet announced an extension, but we would expect the Agency to provide considerable enforcement flexibility, considering this extraordinary time in which we find ourselves.
In 2019, in the absence of the interruptions that manufacturers face today, the FDA announced that they would provide six months’ “enforcement discretion” to larger manufacturers following their deadline.
The FDA has not yet announced a similar grace period for smaller manufacturers, but considering the pressures 2020 has placed on all levels of manufacturing, it would be surprising if similar considerations were provided.
The FDA has provided some flexibility to food manufacturers who, because of supply chain disruptions, must make “minor formulation changes.” Under certain circumstances, food makers may do so without having to change their labels. See that guidance here.
Under The Radar – Small Manufacturer Exemption:
If a food manufacturer sells fewer than 100,000 units annually and employs less than 100 people, they may be eligible for an exemption from the rule. A notice must be filed claiming your exemption.
If you sell less than 10,000 units a year, however, you may be able to claim the exemption without providing such notice.
An exemption may also apply if you produce a medical food or a food that contains an insignificant amount of all nutrients so, be sure to contact a labeling expert to best understand the necessary steps.
How Nutrition Facts Have Changed:
- A larger font to emphasize “calories” and “servings”;
- An increase in serving sizes to reflect what people currently eat, but not what they should eat. This change may seem incongruous with the FDA’s goals, as consumers often confuse “serving size” on packaging for “recommended portion size.” The Nutrition Label and Education Act, however, requires that serving sizes be based on what people customarily eat in one sitting;
- A declaration of grams and a percent daily value for added sugars;
- Dual columns to indicate “per serving” and “per package” calorie and nutrition information if a package contains more than one serving and if a consumer may reasonably be expected to consume the entire package in one sitting;
- Daily values for sodium, dietary fiber and Vitamin D updated to comply with the 2015-2020 Dietary Guidelines for Americans;
- Vitamin D and Potassium include the actual gram amount in addition to the percent Daily Value (%DV) because Americans are thought to be frequently deficient in both;
- Vitamins A and C may be disclosed, but the disclosure is no longer mandatory, as deficiencies of these two vitamins are uncommon in Americans;
- Calcium and iron %DV must still be included;
- Calories from fat are no longer necessary (nor allowed), because the type of fat consumed is now believed to be more important than the amount of fat. Total fat, saturated fat and trans fat are still to be disclosed;
- “Other carbohydrates” must also be excluded from the label; and
Here’s the Change:
At the end of the day, this is about “truth in labeling” for the consumer, because the manufacturer has been under-stating nutritional values by calculating a high and unrealistic serving size per container (a pint of ice cream 4 servings).
The result is the FDA needed to force manufacturers to make a realistic claim on their product sizes.
The Winner:
The consumer will still overindulge all they want, the difference now, they will no longer blame a label for under-calculating calories, added sugar, etc.
Schedule time with Darryl to look at nutritional labeling closer.
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