US Food Labeling Modernization Act addresses consumer misinformation around healthy choices

05 Aug 2021 --- The US Food Labeling Modernization Act (FLMA) has been introduced in both houses of Congress. If passed, it would update front-of-pack food labeling requirements, demand updates to the ingredient list on packaged foods and apply consumer-friendly labeling requirements.

“American consumers have a right to know what’s in the food they and their families eat, but that isn’t always easy with today’s opaque food labels and marketing claims,” says House Energy and Commerce Committee chairman Frank Pallone, Jr.

The majority of the food labeling provisions of the Food, Drug and Cosmetic Act have not been updated since 1990 and, in some cases, have not been changed since 1938. 

As a result, labels do not provide the information that today’s consumers need to evaluate and compare products in order to make healthy choices, explains the Committee on Energy and Commerce.  

FLMA’s signature initiative directs the Food and Drug Administration (FDA) to establish a single, standard, front-of-package nutrition labeling system for all packaged food products regulated by the agency.

“FLMA will ensure serving sizes are updated, allergens are clearly labeled and nutritional information is transparent. This gives people the tools they need to make healthier choices and avoid misleading, deceptive pitches and promotions,” adds Senator Richard Blumenthal. Frank Pallone, Jr., Rosa DeLauro, Richard Blumenthal, Sheldon Whitehouse and Ed Markey have introduced FLMA in their respective chambers.

Slashing misleading claims
The bill requires products with claims about healthy ingredients like fruits, vegetables and whole grains to list the amount per serving or percentages of these ingredients. This would stop companies from including trivial amounts of these ingredients and then highlighting their presence. 

FLMA would also clamp down on the marketing of toddler milks, which are not recommended by health experts. Last year, a paper revealed that formula companies had quadrupled their spending on toddler milk marketing in ten years, which often feature unsubstantiated claims. 

Another aspect of the act is creating clear and consistent standards for popular marketing terms like “healthy” and “natural.” An industry roundtable earlier this year weighed in on what naturality actually entails for manufacturers and consumers. 

Encouraging reformulation
According to the Center for Science in the Public Interest (CSPI), which is supporting the act, similar labeling systems are already in use in dozens of other countries.

In addition to helping consumers select healthier foods, they have also been effective at prompting the food industry to decrease the levels of over-consumed nutrients like sugar, sodium and saturated fat in processed foods. 

For example, FLMA would allow for sodium reduction in the food supply by amending “standards of identity,” which currently require minimum levels of salt in staples like bread and cheese. 

The use of salt substitutes like potassium chloride could lead to lower rates of cardiovascular disease, hypertension and blood pressure, CSPI argues. The legislation would require new guidelines for the use of the word “healthy.”

Evolving with e-commerce
While FLMA was previously introduced in 2018, this version includes new language targeting emerging food marketing trends.

For example, the COVID-19 pandemic has accelerated the trend toward buying groceries online, but labeling laws do not require nutrition information to be available at the online point of sale. FLMA would update labeling laws to require nutrition facts, ingredient and allergen information to be displayed for online grocery items.

Another impact of the pandemic has been highlighting how ill health can make people more vulnerable to new threats, argues Peter Lurie, CSPI’s executive director and president. 

“Many of the same conditions identified by the Centers for Disease Control and Prevention as risk factors for severe illness from COVID-19 can result, in part, from poor quality diets. It’s time for the US to take bold action to reduce the prevalence of diet-related diseases by passing FLMA,” he says. 

Other organizations supporting the act are Consumer Reports, Environmental Working Group, Gluten Free Watchdog, National Celiac Association, Celiac Disease Foundation, Beyond Celiac and Gluten Intolerance Group. 

Edited by Katherine Durrell