US Nutrition Facts labels: Deadline extension prompts “call for action” comments 

07 May 2018 --- The US Food and Drug Administration (FDA) has extended the compliance date for updating Nutrition Fact labels by 1.5 years. The move has prompted calls from lobby groups, including the Center for Science in the Public Interest (CSPI), who state that this should be a call to action for food manufacturers to update their labels before the deadline.

The move comes amid food industry requests for an extension, with the FDA commenting that it will ensure that companies have adequate time to technically update their labels, as well as organize printing.

Further, the FDA state the importance of consumer understanding as well as avoiding the confusion that may come if two versions of the Nutrition Facts label exist on the market. The extended call allows more time for consumers to ingest the FDA educational campaign that is launching, which is hoped to increase understanding.

However, a recent CPSI national US poll found that 87 percent of Americans say that the label updates are incredibly useful to them. Because the updated label system already features on more than 29,000 products on grocery shelves, with more appearing by the week, the FDA announcement should spur companies to provide consumers with the information they want – now. 

The national poll also found robust support for strong labeling, as reflected in the response to FDA labeling rules: nearly 130,000 Americans filed comments opposing the one year delay and any weakening of menu labeling, and more than 40,000 opposed the proposal to delay the Nutrition Facts label update earlier this year.

The CPSI reiterate that the companies need not wait for the legal deadline.

However, the Grocery Manufacturers Association (GMA) has welcomed the extension: “We welcome this action by the FDA to provide companies with additional time to execute these updates to the Nutrition Facts Panel in a manner that will help reduce consumer confusion and costs in the marketplace,” saysPamela G. Bailey, GMA’s president and CEO. “Food and beverage manufacturers are committed to giving consumers the information and tools they need to make informed choices and these updates to the Nutrition Facts Panel are an important part of that ongoing commitment.”

The Nutrition Facts label rule
The compliance date for manufacturers with US$10 million or more in annual food sales was established as July 26th, 2018; this final rules extends their compliance date to January 1st 2020. In the case of manufacturers with less than US$10 million in annual food sales, the compliance date was set as July 26th, 2019, but now it will be January 2021.

The new Nutrition Facts label incorporates the latest evidence-based information on nutrients, such as added sugars, to provide consumers with more information regarding their food choices. Whereas, for example, the old label lists total grams of sugars, it didn’t distinguish between sugars that are naturally occurring in foods like fruits and vegetables and sugars that meet the definition of added sugars.

The educational campaign will seek to help Americans use the new version of the Nutrition Facts label and interpret the overall nutritional content of products they find on supermarket shelves.

The authority will use educational videos, social media campaigns and user-friendly websites to help consumers “discern the relationship between the dietary choices they make every day and the impact those choices can have on their own and their family’s health in reducing the risk of chronic diseases like obesity, diabetes, heart disease and a variety of cancers,” says Dr. Scott Gottlieb, Commissioner of the US FDA.

The guidance further includes updates on non-digestible carbohydrates, fiber and serving size in relation to the label updates.

In March 2018 the FDA had commented that it was likely the compliance date would be extended, which it seems was heavily supported by much of the food industry. However, with the CPSI recommendation, cross-over between the two labeling systems may well appear on grocery shelves around the US, leading to potential customer confusion.