Policy Integrity submitted comments to the Food and Drug Administration (FDA) regarding its proposal to require front-of-package (FOP) nutrition labeling. FDA proposes to require FOP nutrition labeling to help consumers evaluate food products at a glance. Under FDA's proposal, three key nutrients—saturated fat, sodium, and added sugars—would appear on the front of most food packages, accompanied by interpretive descriptors corresponding to percentage daily values (“Low” if 5% or less; “Med” for values of 6% to 19%; or “High” for 20% or higher). We submitted comments urging FDA to expand on its explanation of its statutory authority for the proposed rule and to bolster its analysis of how the rule will deliver net benefits for consumers and public health. In comments, Policy Integrity offered the following recommendations to FDA:
- FDA should lay out in further detail its statutory authority to compel the placement of labeling. Highlighting additional regulatory and legislative history will support FDA’s argument that the proposed rule is within the agency’s clear, longstanding authority.
- FDA should reinforce its discussion of why the Proposed Rule’s various independent provisions are severable. A more thorough explanation of how each label element can function on its own would buttress FDA’s conclusion that the proposed rule is severable.
- FDA should enhance its benefit-cost analysis by quantifying consumer time savings, informational benefits, and potential health benefits from changes in consumer behavior. Such analysis could help FDA further establish that the proposed rule’s benefits justify its costs.
- FDA should consider several substantive improvements, including adding a “zero” or “very high” category, and covering foods for children ages 1-3. Adjusting daily values for that age group, as Canada does, could reflect children’s unique nutritional needs and help inform parents. Adding a “zero” or “very high” label in addition to “low,” “med,” and “high” would help avoid accidentally leading consumers to substitute products within one of the proposed categories which might in fact have very different nutritional contents.