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The FDA has a new “Dear Industry” letter announcing that it is going to set some rules for those “better-for-you” stickers on the front of junk food packages.  Why?   “FDA’s intent is to provide standardized, science-based criteria on which FOP [front of package] nutrition labeling must be based.”

What this is about, of course, is all those self-endorsement labels food companies like PepsiCo (Smart Spot),  Kraft (Sensible Solution), and many companies collectively (Smart Choices) have been putting on their products.

The companies set up their own nutrition criteria and then applied those criteria to their own products. Surprise!  A great many of their products qualified for the “better-for-you” labels.

I’m guessing Smart Choices was the final straw for the FDA. The idea that the Smart Choices check mark could go onto Froot Loops was so astonishing, and the subject of so much ridicule, that the FDA had to act.  If nutrition criteria are developed independently, most junk foods would not qualify.

The FDA also says it will be testing how well consumers understand different kinds of package labels.  It gives a bunch of examples.  Want to know how the FDA is thinking about this?  Check out its handy backgrounder, which if nothing else is an excellent introduction to the entire issue of front-of-package labels.

Have a preference about what to use?  Write the FDA at this address:

Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the title of the guidance document: Guidance for Industry: Letter Regarding Point of Purchase Food Labeling.

Addendum, October 22: Here are two additional documents to add to the collection.  First, a letter to representative Rosa DeLauro responding to her complaint about the Smart Choices program.  Second, is a a summary of the talking points used by Commissioner Margaret Hamburg in her press conference on the new FDA initiatives.   My conclusion:  the FDA is back on the job!

Three items on the Smart Choices front (make that four – see below):

1.  Let’s start with the great video by ABC News [if the link doesn’t work, go to the ABC News site and search for Food Label Fight].  It features an incredulous Mark Bittman pulling check-marked products off supermarket shelves, along with Richard Kahn defending the program.  Kahn, as I discussed in What to Eat, defended the American Diabetes Association’s (ADA) implied endorsement of Post sugary cereals.  When Jane Brody wrote about this in the New York Times, the Association promised to remove its logo from the products and did so after a bit.

2.  The letter-writing campaign organized by Change.org has had the same effect: “Victory: Change.org Members Force Health Organizations to Back Away from Food Labeling Ploy.”

The new marketing program, called “Smart Choices,” is a front-of-the-package nutrition-labeling program designed in theory to help shoppers make smarter food choices.

But as the New York Times exposed last week, the selections are anything but healthy. One of the selections is Froot Loops, which was chosen, according to one board member, because “it’s better for you than donuts.” (No, we’re not kidding. We couldn’t make this up.)

Despite the program’s dubious standards, it maintained the appearance of legitimacy because researchers associated with three reputable organizations – American Diabetes Association, American Dietetic Association, and Tufts University – were on its board.

In response, thousands of Change.org members sent letters to the presidents of these three major research institutions urging them to remove their name from the program.

The result? All three organizations responded to the pressure this week by publicly distancing themselves from the food labeling scheme and officially asking Smart Choices to remove their name from its website and marketing materials – thereby publicly embarrassing and discrediting the program.

Fine, but this one isn’t over until the American Society of Nutrition (ASN) also extricates from its commitment to manage the program – a clear conflict of interest.

3.  The Institute of Medicine (IOM) is asking for nominations to a committee to study front-of-package labeling (what follows is edited from the request letter):

The IOM is searching for experts in the scientific, technical, and medical professions to be considered for a study committee titled Examination of Front of Package Nutrition Rating Systems and Symbols (Phase I). The sponsors are the CDC and FDA.   The Phase I committee will undertake a review of front-of-package nutrition rating systems and symbols…[and] will also plan for a Phase II.

Phase I will (a) identify front-of-package systems being used, (b) consider their purpose and overall merits, (c) identify the criteria underlying the systems and evaluate their scientific basis, (d) consider advantages and disadvantages, (e) plan Phase II which will consider the potential benefits of a single, standardized front-of-package food guidance system regulated by FDA (my emphasis).

Send the names of candidates to front-of-pack@nas.edu by October 5, 2009. You do not need to contact the individuals you nominate.

This is great news but I’m way too impatient.  This two-phase process will take years. Is the FDA really going to have to wait that long to take action on front-of-package labels such as Smart Choices?

FDA: How about issuing a moratorium on all front-of-package labels until the committees do their work?

4.  Update, September 24: On that very issue, Congresswoman Rosa de Lauro has asked the FDA to do an investigatation of the Smart Choices program.  Excellent idea!

The FDA just announced in the Federal Register that it plans to take a good hard look at public understanding of what’s currently on food labels.  It says it will do an Internet survey of 43,000 people to:

• Identify attitudes and beliefs to do with health, diet and label usage
• Determine relationships between these attitudes and beliefs, demographics, and actual label use
• Look at the relevance of these attitudes
• Identify barriers to label use

I hope they ask me!

What is this about?  Let me take a wild guess: Health claims?  Smart Choices labels?  Anything that makes people think highly processed foods are good for them?  Or distracts from the Nutrition Facts panel?

The FDA is required to allow 60 days for comment.   Tell the FDA you think the more research it does on food labels, the better!

You will recall that the FDA’s 1994 stance on labeling of genetically modified (GM) foods was that labeling foods as GM or non-GM would be misleading  because the foods are no different.  Despite overwhelming evidence that the public wants to know whether foods are GM or not, GM foods do not have to be labeled.  Worse, those that are labeled non-GM have to include a disclaimer that this makes no difference (I explain how all this happened in Safe Food).

At present, there is no way to know whether GM foods that have been approved by FDA (such as potatoes, tomatoes, squash, papayas) are actually in the produce section of supermarkets.  When I was writing What to Eat, I paid to have some papayas tested.  Most were not GM.  But you have no way of knowing that.

The GM industry (translation: Monsanto) has opposed labeling from the very beginning, no doubt because of fears that people will reject GM foods.  The makers of processed foods object to labeling because practically everything they make contains GM ingredients: about 90% of the soybeans and 50% of the corn grown in America is GM.  Ingredients made from these foods – corn and soy oils, proteins, and sweeteners – are widely used in processed foods.

The Europeans are faced with the same problem but insist on labeling GM.  Guess what?  No problem.  Hershey’s Reese’s NutRageous candy bars in the U.K. disclose the GM ingredients in exactly the way our products disclose allergens: “Contains: Peanuts, Genetically Modified Sugar, Soya and Corn.”

Here’s the label (borrowed from Mike Grenville at flickr.com/photos):

Hershey is an American company.  If labeling in the U.K. is this simple, we ought to be able to do this here, no?  Here’s a chance for the FDA to fix an old mistake and give consumers a real choice.

For decades, the Government Accountability Office (GAO) has been pressing the FDA to do a better job of regulating the food supply.  These days, the GAO is dealing with produce safety.  It worries that the FDA has no formal program in place to protect the safety of fresh produce when it is so obvious that such a program is needed.  The GAO also scolds the FDA for not keeping up with monitoring of food labels.  The FDA has too much to do and not enough resources.  But, says GAO, the FDA would do better if it took this watchdog agency’s advice–but it doesn’t.  Why not?  The GAO doesn’t say so, but it’s politics, of course.  The food industry is ever vigilant against regulation.   This stance goes against the food industry’s best interest, in my view.  Yours?

Consumer Federation of America (CFA) has a new Alcohol Facts chart out that compares the calorie content of alcoholic beer, wine, and hard liquor. CFA produced it to fill the regulatory gap in labeling of alcoholic beverages–they are regulated by an arm of the Treasury Department (Bureau of Alcohol, Tobacco, and Firearms) and viewed as revenue generators, not something that might affect health. It’s amusing to see where the calories are…

New Zealand food packages are covered with nutrition and health claims just like ours, but the food agency only began allowing them a few years ago. The agency thought it might be interesting to find out whether the packages really contained the levels of vitamins and minerals claimed on the labels. Oops. Turns out that 58% did not. They either had too little (15%) or too much (42%). The excuses: built-in safety margins, hard-to-mix ingredients, unstable vitamins, uncertain analytic methods. The FDA hasn’t done one of these investigations in a long time, as far as I know. I wonder what it would find if it did?

Applause for our representatives who have written the FDA to something better about qualified health claims (to read the actual claim, scroll down to the end of the text, just above the signature). These, in case you have forgotten, are claims that companies can put on food product labels as long as the claim is accompanied by a disclaimer. It’s hard to pick a favorite, but here’s the one for corn oil: “Very limited and preliminary scientific evidence suggests that eating about 1 tablespoon (16 grams) of corn oil daily may reduce the risk of heart disease due to the unsaturated fat content in corn oil. FDA concludes that there is little scientific evidence supporting this claim (my emphasis). To achieve this possible benefit, corn oil is to replace a similar amount of saturated fat and not increase the total number of calories you eat in a day.” Maybe the letter will induce the FDA to review this policy?