Insight

The “Food” in the FDA

The Food & Drug Administration responds to existing nutrient claims with re-evaluation, label updates.

The "Food" in the FDA

June 30, 2016 12:00 AM

During the past few years, a significant uptick in consumer class actions and looming GMO labeling legislation have forced companies to focus most of their food labeling attention on places other than the FDA. In 2016, however, the FDA has taken steps to re-establish its voice as the authority with respect to what can and cannot be said about a food. What follows are a few FDA actions that should be on any food company’s radar.

On May 22, the FDA announced its finalization of a new nutrition facts label. In addition to modifying the format of the panel, the new labeling requirements mandate the inclusion of new nutrition information (e.g., added sugars, vitamin D, and potassium) and change the serving sizes and label requirements for certain packages. The regulations also redefine some nutritional categories, such as what qualifies as “dietary fiber,” as well as the manner in which certain nutrients can be described. Companies will have until July 26, 2018, to update their labels.

Earlier the same month, the FDA announced its intent to re-evaluate its regulation of nutrient content claims, in part due to a citizen opinion filed by Kind LLC regarding the FDA’s requirements for labeling a product as “healthy.” Per FDA regulations, a nutrient content claim is a claim on a food product that directly or by implication characterizes the level of a nutrient in the food, such as "low fat." In the past few years, the FDA has received a lot of scrutiny for its nutrient content claim regulations because, while companies are only permitted to use nutrient content claims that are specifically defined in FDA regulations, the regulations appeared to be inconsistent with current dietary guidelines. For example, under the current system, certain low fat toaster pastries and sugary cereals can be labeled with the nutrient content claim “healthy,” but salmon, nuts, and avocados cannot. The FDA is expected to issue a request for comments on their current regulation of “healthy” and other nutrient content claims later this year—an effort that should be closely monitored by any company that characterizes (or wants to characterize) the level of nutrients in their food products.

Finally, by the end of the year, the FDA is expected to opine on two labeling issues that can have a direct impact on consumer litigation—specifically the use of the terms “evaporated cane juice” and “natural” on food labels. The FDA has stated that it “is actively working on a final guidance” to address the question of whether evaporated cane juice is a common and usual name for sugar and anticipates that the final guidance will be issued before the end of 2016. The FDA formally closed the docket on its November 2015 request for comment regarding the use of “natural” on food labels on May 10 and could take action related to “natural” this year as well.

Taken together, these actions serve as a reminder of the importance of the “food” in “Food & Drug Administration.”

__________________________________


Note: The images above are meant for illustrative purposes to show how the new Nutrition Facts label might look compared to the old label. Both labels represent fictional products. When the original hypothetical label was developed in 2014 (the image on the left-hand side), added sugars was not yet proposed, so the “original” label shows 1g of sugar as an example. The image created for the “new” label (shown on the right-hand side) lists 12g total sugar and 10g added sugar to give an example of how added sugars would be broken out with a % Daily Value. (www.fda.gov)

This article was submitted prior to the FDA issuing its final Guidance for Industry: Ingredients Declared as Evaporated Cane Juice on May 25, 2016.

Related Articles

From One Man to a Nationally Recognized Force


by Justin Smulison

As Frantz Law Group nears 38 years of advocacy for the injured, founder James P. Frantz reflects on his firm’s achievements and discusses its involvement with history-making cases.

James P. Frantz of Frantz Law Group

Fighting for Justice


by Best Lawyers

How They Have Fought for Clients Every Step of the Way

Fighting for Justice

The Hidden and Explosive Danger of Electronic Cigarettes


by Steven Weston

While the FDA's authority has been extended to cover E-Cigarettes, no regulations have been put in place to govern the development and sale of e-cigarette batteries. This has made exploding E-Cigs a serious health threat on par with respiratory complications.

E-Cigarette Explosions

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

How to Create High-Converting Landing Pages for Your Law Firm


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates