Food 'Front-Of-Package Labeling' Bill Announced

Proposed legislation has been introduced by 3 members of the House, including Rep. Frank Pallone (D-NJ), senior Democrat on the House Energy & Commerce Health Subcommittee, which would direct the Secretary of Health & Human Services (HHS) to create a single, standard front-of-package labeling system for all food products that require labels.

The Nutritional Labeling and Education Act (NELA) of 1990 amended the FDCA to create a uniform system of food labeling. It mandated the "Nutrition Facts" panel which contains specific and highly regulated information. The front label, governed by a different section of the NELA, contains information that a food manufacturer may include.

The legislation, as explained by Rep. Pallone's office, follows up on recommendations of the Institute of Medicine made in 2011.

The major provisions of the bill require the FDA to issue guidance and definitions:

Clarifies the scientific support needed for a structure/function claim and gives the FDA power to compel production of the data that supports such claims; Update the definition of the term "healthy"; Establish a standard definition for the term "Natural"; Require disclosure of the amount of caffeine in a product if it exceeds 10 mg. The bill specifically indicates that it does not apply to dietary supplements. This is not surprising as dietary supplements are governed under a separate regulatory regimen (DESHA).

Of the many questions raised by the proposed legislation, one may be which constituency will be at the head of the line...