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Consumer Affairs

States Urge Stronger Food Labeling Regulations

Attorneys general say voluntary system doesn't provide needed protection



A dozen states have appealed to the U.S. Food and Drug Administration (FDA) to adopt a uniform labeling program for the front of food packages, to ensure that it provides unbiased nutritional information and encourages food manufacturers to offer healthier products.

The agency is currently considering a voluntary front-of-package food labeling program and is soliciting public comment.

The attorneys general from the 12 states said the regulations should be more than voluntary. They urged the FDA to require food package labeling to provide complete nutritional information -- both good and bad -- to help consumers make informed choices about the foods they buy for themselves and their families.

Nevada Attorney General Catherine Cortez Masto says the "Smart Choices" program was a voluntary labeling program designed by the food industry that claimed to help guide consumer choices by indicating, with a checkmark symbol, whether a product had met certain nutrition criteria.

In some cases, cereals qualified for the healthy symbol because they met the Smart Choices criteria for fiber and vitamins, despite containing 12 grams of sugar per one-cup serving -- approximately 40 percent of the serving by weight. Sugar was the most predominant ingredient in at least one cereal designated a Smart Choice. The attorneys general say a stronger, mandatory rule is needed.

"This labeling program will help people become aware of the nutritional value of food and assist them to choose wisely," Masto said.

Call for specifics

The attorneys general urged the FDA to follow specific principles in its labeling standards:

• Transparency of underlying standards. Any national front-of-package labeling system should be based on publicly-available standards, including an updated version of the Dietary Guidelines for Americans 2005, containing the best available nutritional criteria.

• Applicability. Front-of-package labels should apply to as many foods as possible and not require payment by food manufacturers beyond a reasonable licensing fee.

• Understandability. Labels should be readily understandable by people of varying educational levels, based on the best consumer research.

• Helpfulness. Labels should be designed to facilitate informed and healthy consumer choices.

• Uniformity. A national, uniform front-of-package label should be the sole nutritional label on the front of food packages. Competing graphics or messages may confuse or mislead consumers and undermine the effort to provide clear information.

"Only full disclosure of nutrition information will provide clear, consistent guidance to consumers," said Connecticut Attorney General Richard Blumenthal. "Full disclosure also will encourage food manufacturers to offer healthier alternatives by reformulating existing products and providing new ones."

The comments to the FDA were sent by the attorneys general of Arizona, Connecticut, Delaware, Maine, Maryland, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Tennessee and Vermont.



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