. Date: Mon, 4 Jan 2010 07:18:29 -0500 (EST) From: David P. Dillard <jwne@xxxxxxxxxx> To: Net-Gold <Net-Gold@xxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, Sean Grigsby <myarchives1@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxx>, "Net-Gold @ Nabble" <ml-node+3172864-337556105@xxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, MediaMentor <mediamentor@xxxxxxxxxxxxxxx>, Digital Divide Diversity MLS <mls-digitaldivide@xxxxxxxxxxxxxxx> Cc: Health Diet Fitness Recreation Sports <healthrecsport@xxxxxxxxxxxxxxx>, Health Diet Fitness Recreation Sports Tourism <healthrecsport@xxxxxxxxxxxxxxxx>, HEALTH-RECREATION-SPORTS-TOURISM@xxxxxxxxxxxxxxxxxxx, sports-med@xxxxxxxxxxxxxxx, sport-med@xxxxxxxxxxxxxxxx, sport-med@xxxxxxxxxxxxxxxxxxx Subject: FOOD DRINK NUTRITION DIET: NUTRITION : FOOD DRINK NUTRITION DIET: FOOD PRODUCT LABELING: CSPI Urges FDA Crackdown on False and Misleading Food Labeling . FOOD DRINK NUTRITION DIET: NUTRITION : FOOD DRINK NUTRITION DIET FOOD PRODUCT LABELING CSPI Urges FDA Crackdown on False and Misleading Food Labeling CSPI Urges FDA Crackdown on False and Misleading Food Labeling New Report Makes Case for Ending Food Labeling Chaos CSPI Newsroom The Center for Science in the Public Interest (CSPI) <http://www.cspinet.org/new/200912291.html>WASHINGTON-Can orange juice really help prevent or treat arthritis? That's the implication on the label of a Minute Maid orange juice fortified with glucosamine hydrochloride "designed to help protect healthy joints." And it's exactly the kind of misleading health claim that the Center for Science in the Public Interest wants the federal government to stop. Today the group is sending the Food and Drug Administration a 158-page report that documents some of the most egregious examples of false claims, ingredient obfuscations, and other labeling shenanigans.
Though under the Obama Administration the FDA is sending more warning letters to food manufacturers about misleading labeling, many major companies, including Coca-Cola, Kellogg, Kraft, General Mills, and Nestl continue to confuse or defraud consumers about the health effects, ingredients, or "natural"-ness of their products. Some notable offenders include:
Kellogg: On labels for Smart Start Strawberry Oat Bites cereal, the company deliberately misreads a report from the Institute of Medicine to claim, falsely, that consumers can eat 125 grams-more than half a cup-of added sugars per day. CSPI says FDA should establish a Daily Value for added sugars, require its disclosure on Nutrition Facts panels, and provide definitions for terms such as "low sugar."
Nestl Labels for the company's Carnation Instant Breakfast misleadingly claim that its antioxidants "help support the immune system." While it is true that serious deficiencies in vitamins A, C, and E and other antioxidants can lead to serious health problems, consuming this or other products that make this common claim won't help ward off colds, the flu, or other maladies.
Kashi: A Kellogg-owned brand, Kashi falsely claims that the green tea in its Heart to Heart Instant Oatmeal will "support healthy arteries." The FDA does have a so-called qualified health claim for green tea that relates to cancer but has not agreed that green tea can protect arteries or fend off heart disease.
<snip>In May, the FDA instructed General Mills to drop exaggerated heart disease and cancer claims on labels and its web site for its Cheerios cereal. And in October, FDA expressed concern over the industry-wide Smart Choices front-of-packaging labeling program. Both moves were praised by CSPI and were seen as a sign that the agency will more aggressively police food labeling.
CSPI wants the agency to prohibit qualified health claims for foods. Unlike "health claims," which must meet a "significant scientific agreement" standard, qualified health claims include disclaimers explaining that the scientific evidence is uncertain. CSPI also wants the FDA and the U.S. Department of Agriculture to prohibit misleading "structure/function" claims that a given food will "support" or "maintain" healthy immune systems, joints, vision, and so on. Consumers simply can't distinguish between stringently regulated health claims, which require FDA approval, and structure/function claims, which don't, according to CSPI.
"Consumers need honest labeling so they can spend their food dollars wisely and avoid diet-related disease," said CSPI senior staff attorney Ilene Ringel Heller, co-author of the report. "Companies should market their foods without resorting to the deceit and dishonesty that's so common today. And, if they don't, the FDA should make them."
-------------------------------------------------------- The complete article may be read at the URL above. PRE-PUBLICATION COPY Food Labeling Chaos: The case for reformThis report was written by Bruce Silverglade, Director of Legal Affairs, and Ilene Ringel Heller, Senior Staff Attorney, at the Center for Science in the Public Interest. The authors would especially like to thank Dr. Michael Jacobson for his counsel and thoughtful review; Bonnie Liebman and David Schardt for their input; Hayley Reynolds for her excellent research assistance and support; and Debra Brink for design and formatting.
Center for Science in the Public Interest Center for Science in the Public Interest 1875 Connecticut Avenue, NW, #300 Washington, DC 20009 Tel: 202-332-9110 Fax: 202-265-4954 Email: cspi@xxxxxxxxxxx Internet: www.cspinet.org <http://cspinet.org/new/pdf/food_labeling_chaos_report.pdf> Contents Acknowledgements Executive Summary I. Introduction II. Improving the Nutrition Facts Panel III. Standardizing Front-of-Pack Nutrition Labeling IV. Making Ingredient Labels Easier to Read V. Disclosing Caffeine Content VI. Stopping Misleading Structure/Function Claims VII. Prohibiting Qualified Health Claims for Foods VIII. Halting Misleading "0" Trans Fat Claims IX. Stopping Misleading Ingredient Claims X. Controlling Misleading Natural Claims XI. Compilation of Recommendations Executive SummaryThe provision of accurate, easy-to-read, and scientifically valid nutrition and health information on food labels is an essential component of a comprehensive public health strategy to help consumers improve their diets and reduce their risk of diet-related diseases. However, as Food and Drug Administration (FDA) Commissioner Dr. Margaret Hamburg recognized in a 2009 speech to the National Food Policy Conference, "[T]he public health importance of food labeling as an essential means for informing consumers about proper nutrition . . . has not been substantially addressed since the FDA implemented the Nutrition Labeling and Education Act, more than 16 years ago." FDA Commissioner Hamburg also noted, "[W]e've seen the emergence of claims that may not provide the full picture of their products' true nutritional value. It will be important to reestablish a science-based approach to protect the public. . . . " Indeed, misleading claims, ranging from promises that a food can "strengthen" your immune system to misleading pictures on the fronts of food labels that misrepresent the type and quantity of fruits and vegetables in a processed food, are out of control and interfere with the consumer's ability to make healthy food choices.
Summary of Recommendations Problems with food labels can be broken down into three basic categories: o Improving the Nutrition Facts Panel o Improving ingredient labels o Stopping false and misleading health-related claimsThe FDA and the United States Department of Agriculture (USDA) have recently begun addressing some of those challenges. The FDA has announced it will test consumer reactions to simplified nutrition labels that could be used on the fronts of packages, pressured General Mills to drop exaggerated health claims for Cheerios cereal and stopped the use of industry's Smart Choices program. The USDA has re-proposed rules requiring nutrition labeling on fresh meat and poultry and published an Advance Notice of Proposed Rulemaking in an effort to stop misleading "All Natural" claims on meat and poultry labels. But much more work needs to be done.
Summary of Recommendations1. Front-of-Package Nutrition Labeling - Key nutrition information should be summarized, using easy-to-comprehend symbols, on the fronts of food packages.
2. Improving the Nutrition Facts Panel - The existing nutrition label needs to be simplified by:
o Deleting extraneous information; oProviding clearer, more accurate information on calorie, sugars, and fiber content;
oChanging disclosures for "Amount Per Serving," and "Serving Size" to statements like "Amount Per Cup Serving."
o Prohibiting deceptive nutrition disclosures for large single-serving packages; oMaking nutrition labeling mandatory for single-ingredient meat and poultry products.
3. Ingredient Labels - The format of ingredient labels should be modernized by: oRedesigning the ingredient list so that ingredient information is presented in a format similar to that used for nutrition information;
oRequiring that sources of added sugars be grouped together to give a better indication of total sugar content;
oRequiring that the amounts of key ingredients be disclosed as percentages of the total weight of the product;
oMandating that caffeine content be disclosed in a conspicuous location on the information panel. The following side-by-side comparison illustrates some of the changes that need to be made to the Nutrition Facts Panel and the ingredient list.
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