On November 16, 2023, the Reagan-Udall Foundation hosted a virtual public meeting on front-of-package (FOP) nutrition labeling for human food. At the meeting, FDA provided an update on its ongoing work to develop an FOP labeling scheme (more information on this work can be found on FDA’s FOP labeling website) and public commenters shared their recommendations with the agency. FDA said that its research so far indicates that FOP schemes are effective in helping consumers identify “healthy” and “unhealthy” foods, and that consumers prefer simple schemes complementing the existing Nutrition Facts label. Most participants seemed to support a simple, highly visible, and attention-grabbing design with black and white coloring that features calorie information, though participants disagreed about what other nutrient information should be provided. Discussion at the meeting may preview FDA’s forthcoming FOP labeling proposal, which was projected in FDA’s Unified Agenda to be published in December 2023.
The meeting began with remarks by FDA leadership on the importance of empowering consumers with updated and more accessible food labeling, one of the agency’s responsibilities outlined in the White House National Strategy on Hunger, Health, and Nutrition. Dr. Robert Califf, FDA Commissioner, and Jim Jones, FDA Deputy Commissioner of Human Foods, spoke about the agency’s goal of improving health equity to help consumers make informed, healthy food choices, including through FOP labeling. They also emphasized the importance of collaborating with underrepresented communities as well as industry and healthcare groups to find common ground and identify solutions to reach their shared goals.
Robin McKinnon, Senior Advisor for Nutrition Policy at the Center for Food Safety and Applied Nutrition, provided an update on FDA’s work on FOP labeling. She explained that the agency has been studying FOP schemes adopted around the world, reviewing published literature, running two focus group studies in 2022 and 2023, and conducting an experimental study on FOP labeling in 2023. She announced that the studies so far have demonstrated that FOP schemes do help consumers identify “healthy” and “unhealthy” foods; that consumers prefer simple, interpretive labeling schemes; that these schemes are particularly helpful for consumers with lower nutrition education levels; and that consumers prefer a scheme that complements the existing Nutrition Facts label.
The public was given an opportunity to make statements on three topics: 1) design considerations, such as placement and color; 2) potential intersection with other nutrition-related policies, like other labeling efforts and nutrition assistance programs; and 3) international experience with FOP labeling. Participants shared a range of comments and suggestions. Some key themes and takeaways from these comments include the following:
- Commenters generally agreed that any FOP labeling scheme adopted should be mandatory.
- Most participants agreed that a simple, highly visible, and attention-grabbing black-and-white design is preferable to a brightly colored or “stop light”-type design.
- Participants representing food industry trade groups encouraged the agency to take into account the existing voluntary industry initiative, Facts Up Front, and work with industry to supplement existing labeling.
- Participants disagreed about exactly what information FOP labels should provide, but most agreed that FOP labels should include calorie information.
- There was disagreement among commenters as to whether FOP labels should include information about “healthy” nutrients to help consumers identify good choices.
- Some participants, namely consumer advocacy groups, asked FDA to require disclosure of the use of non-sugar sweeteners in FOP labeling, which has been done in some countries but has been controversial.
FDA noted that it is committed to ongoing stakeholder engagement on this topic and that FOP labeling is a high priority for the agency. While agency personnel did not provide specific information on expected timelines for agency action, they did note that FDA’s Unified Agenda projects publication of a proposed rule in December 2023. Covington will continue to monitor FDA actions related to FOP labeling and update our clients and contacts.
If you have any questions concerning the material discussed in this client alert, please contact the members of our Food, Drug, and Device practice.
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