Labeling & Standards
March 15, 2004
Secretary Thompson Outlines FDA's New Anti-Obesity Initiative
On Friday, March 12, U.S. Health and Human Services (HHS) Secretary Tommy Thompson unveiled a sweeping strategy for the Food and Drug Administration (FDA) to fight American obesity, focusing on the message that "Calories Count." The FDA action plan is based on the concept of "caloric balance," reminding consumers that "calories in must equal calories out" in order to maintain a healthy weight. Specifically, the initiative includes a wide range of recommendations to communicate this message that could significantly impact the food and dairy industry, such as changing the Nutrition Facts panel on food labels, expanding the use of health claims and dietary guidance, encouraging restaurants to launch consumer education programs and enhancing enforcement of labeling regulations on serving sizes.
"It's apparent that there will be a tidal wave of FDA rulemaking coming up regarding food labeling, and we'll be thoroughly reviewing and commenting on each proposal that impacts dairy," noted Cary Frye, IDFA vice president of regulatory affairs.
Specifically, the initiative includes the following recommendations for FDA:
- Publish an advance notice of proposed rulemaking (ANPRM) — the first step in creating federal regulations that would include a call for public comment — on how to give more prominence to calorie content on a food label's Nutrition Facts panel, such as increasing the font size for the calories line item, including a percent Daily Value column for total calories, and/or eliminating the listing for calories from fat.
- Publish an ANPRM on authorizing health claims on certain foods that meet FDA's definition of "reduced calorie" or "low calorie." For example, FDA may consider allowing a health claim such as "Diets low in calories may reduce the risk of obesity, which is associated with type 2 diabetes, heart disease, and certain cancers."
- Publish a proposed rule by this summer to provide for nutrient content claims related to carbohydrate content of foods and provide guidance for the use of "net carb" claims.
- Encourage food manufacturers to label as a single-serving those food packages where the entire content of the package "can reasonably be consumed at a single-eating occasion." FDA gives the example that a 20 oz. bottle of soda, currently labeled as 110 calories per serving and 2.5 servings per bottle, could be labeled as containing 275 calories per bottle. In addition, FDA may enhance enforcement of inaccurate labeling of serving sizes.
- Publish an ANPRM on "which, if any, reference amounts customarily consumed of food categories appear to have changed the most over the past decade and require updating."
- Encourage food manufacturers to promote dietary guidance statements, an example of which would be, "To manage your weight, balance the calories you eat with your physical activity."
- Encourage manufacturers to use appropriate comparative labeling statements that make it easier for consumers to make healthy substitutions. FDA gives the example of "Instead of cherry pie, try our delicious low fat cherry yogurt — 29% fewer calories and 86% less fat."
- Urge the restaurant industry to launch a national, voluntary, point-of-sale consumer education campaign regarding the nutrition of menu items.
Other action recommendations cover increased consumer education regarding obesity and better nutrition, enhanced enforcement against weight loss products making false and misleading claims, outreach efforts with community and academic groups, updated guidance on anti-obesity drugs and further development of obesity-related research.
The FDA recommendations are a result of Secretary Thompson's directive last year to all HHS departments to find ways to fight obesity. Early last week, he also unveiled a new national education program and obesity research strategy with the National Institutes of Health. FDA's multi-pronged program is based on the findings of the FDA Obesity Working Group, which was created last August to analyze how FDA could fight obesity using tools within FDA's jurisdiction. As reported previously in News Update, IDFA had provided comments to this group, urging the group to use sound science and avoid stigmatizing specific foods. FDA is offering more information about the "Calories Count" action plan on its website, which can be found by clicking here. For more information, contact Cary Frye or Michelle Albee Matto in IDFA's regulatory group at (202) 737-4332.
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