US snack brand files petition to amend “misleading” FDA regulation on nutrient content claims

20 Mar 2019 --- KIND Healthy Snacks (KIND), backed by several health and nutrition experts, has filed a citizen petition to prompt the US Food & Drug Administration (FDA) to amend its nutrient content claims regulation. The existing regulation notes the quantity of a nutrient added to a product, instead of the product’s overall quality, which could lead to consumers purchasing products that may be perceived as healthy, when actually they are not. KIND has also requested that the agency allow nutrient content claims on items that contain a “meaningful amount of healthy ingredients,” such as vegetables and whole grains.

According to the petition, there is a large number of products where nutrient content claims are misused, such as sugary cereals, snacks and high-sodium frozen meals. The nutrient content in such products is often highlighted as beneficial, but the other, less attractive nutritional aspects of the product, are left out.

“Dressing up empty calorie products by emphasizing a singular nutrient, like protein or fiber, versus the overall quality of the food is unfair to consumers,” notes KIND Founder and CEO Daniel Lubetzky.

“By bringing greater rigor to the use of nutrient claims, the FDA can increase label transparency and help people better identify foods that contribute to a healthy diet, which KIND has long advocated for,” he explains.

Moreover, KIND conducted a survey among its collective of registered dieticians (RDs) to determine whether such claims affect consumer health and if the regulations need an update. Of the respondents, 75 percent said that the main reason nutrient content claims impact purchases is because people believe the food bearing the claim is a healthy item. An overwhelming 85 percent of RDs said that they frequently come across products with nutrient content claims that they would not consider as part of a healthy diet.

The petition is in line with FDA’s 2018 Strategic Policy Roadmap, in which the agency emphasizes its goal to create “better ways of communicating nutrition information to consumers so they can be empowered to make good choices.” It also supports FDA’s ongoing effort to update the definition of “healthy.”

“The FDA has already taken strides to evolve how ‘healthy’ can be used on food labels. We applaud their work and hope that – by encouraging a holistic view of nutrient content claims – our petition furthers that thinking in a way that is productive and benefits public health,” notes Stephanie Csaszar, Registered Dietitian and Health & Wellness Expert at KIND.

The survey also found that 45 percent of RDs agreed with the petitioner's request to highlight the overall nutritional value of a product. 

Furthermore, the petition also requests adjustments to current disclosures as well as the addition of a disqualification threshold that would ban unhealthful products from making such claims. 

“Amending the nutrient content claim regulation to ensure that the majority of a product is made from a genuinely nutritious food source will have a lasting impact on public health,” says co-signatory David Katz Yale University Prevention Research Center, Griffin Hospital Founder and President.

Sara Baer-Sinnott, President of Oldways and another co-signatory, also adds: “Oldways is pleased to join as a signatory on the petition. By highlighting wholesome plant foods, this petition provides a sensible path to advance public health by empowering consumers with clear nutrition information.”