In our Information Letter N.S. 180, we reported that new labelling regulations to implement the Nutrition Labelling and Education Act of 1990 (NLEA) were to become effective on May 8, 1994. As part of these regulations, the Food and Drug Administration (FDA) defined several terms that manufacturers can use to describe the nutrient levels present in a given food product, such as "light", "sodium free" and "low-fat". Consequently, labels including one of these FDA defined nutrient content claims will be permitted only if the product meets the FDA-sanctioned nutrient content levels.

The FDA has now added the term "healthy" (and any derivative thereof such as healthful, healthiness, etc.) to the list of nutrient content claims it will regulate under the NLEA. To use the word "healthy", or a derivative thereof, the product must meet specific low content levels of fat, saturated fat, sodium and cholesterol. Moreover, the product must contain at least 10% of the recommended daily reference value of one of the following: vitamin C, vitamin A, iron, calcium, protein or fiber. These minimum levels vary depending on serving size.

The FDA regulation regarding use of the term "healthy" went into effect on May 8, 1994. For products on the market prior to this date, manufacturers have 18 months to conform to the new regulation or, alternatively, eliminate use of the term from the product packaging.

On May 13, 1994, the Federal Trade Commission (FTC) issued a statement providing guidelines aimed at harmonizing its regulation of the advertising of food products with the new FDA food labelling regulations. The FTC recognized the importance of a consistent approach toward the regulation of nutrient content and health claims in both food advertising and food labelling. In general, the FTC, recognizing the scientific expertise of the FDA in this area, will apply the FDA nutrient content claim definitions in its review when nutrient content claims are used in the advertising of food products. Furthermore, nutrient content claims in advertising that may not be in compliance with FDA regulations will be scrutinized carefully by the FTC in order to prevent practices likely to mislead consumers.

June 1994 Index