Misleading Food Labels

With increasing consumer awareness of nutrition, and the influence of nutrients on dietary related diseases, the need for accurate and standardization of nutrition labeling is apparent.

The eating habits of Americans have changed extensively since the turn of the century. Changes have occurred in the composition of foods because of improved production methods, new varieties, and advances in food processing.

The primary changes in the past 70 years have been an increase in the percentage contributed by fats, oils, sugars, and sweeteners and a decrease in the percentage contributed by grain products. Although no change has occurred in the amount of protein consumed, a greater proportion now comes from animal sources. Dietary fiber is considerably below the recommended level. In general, intakes of vitamins and minerals are adequate in the United States today.

From a general marketing standpoint, it is readily apparent that nutrition "sells" to today's consumer, making nutrition an integral part of product development and promotion. Consumer feedback is a powerful mechanism for manufacturers in developing new products that provide the health and nutrition characteristics sought by the public. Food marketers guard a product's front panel with fervour for the purpose of promotion and competition, they oppose any labeling proposals that threaten their control of this part of food packages.

Americans are increasingly aware of health risks associated with sodium, fat, and cholesterol and report eating less salt, red meat, butter, whole milk, and eggs.

Studies on the use of food labels reveal that consumers want comprehensive nutrition information. About half of consumers report that labels fail to provide all the information they desire and that more information should be provided on caloric, fat, and sodium content.

Laboratory analysis provides quantitative nutrient information for nutrition labeling of food products. Considerable improvement is needed to validate and standardize analytical methods for use in nutrition labeling. Particular problems exist in the measurement of dietary fiber and many vitamins, and in databases used for foods for which direct laboratory analysis is impractical.

If consumers are to make the dietary adjustments recommended by health experts, they must be able to make informed choices in food selection, preparation, and consumption. Although about half of packaged foods currently carry nutrition labeling, the lack of relevant and consistent information on all food products is a major deterrent to consumers who wish to make informed choices.

The Committee on the Nutrition Components of Food Labeling, National Academy of Sciences, Washington D.C., recommends that nutrition labeling be made mandatory on most packaged foods. There is no longer a plausible excuse for packaged foods not to provide nutrient information.



Current dietary recommendations advise consumers to modify their intake of certain food constituents. In considering those dietary recommendations, the committee believed that more categories of food should be required to carry nutrition labeling. That nutrition labeling be provided at the point of purchase for produce, seafood, meats, and poultry. In addition restaurants should make information on the nutrient content of menu items available to consumers on request.

Growing public interest in nutrition has led manufacturers to characterize their products as nutritionally beneficial through widespread use of principal display descriptors; this practice has drawn considerable attention from regulatory bodies and groups concerned with health.

Despite the high popularity of terms such as "low-calorie", "fat free", "no cholesterol", "fiber rich", and "lite", the potential for confusion, exaggeration, and deception has prompted proposals that these descriptors be prohibited. Although it may be truthful to label a food "no cholesterol", that descriptor would mislead someone if the food also contains substantial amounts of total fat and saturated fatty acids.

Nutrition information on food labels is a mechanism to provide information and facilitate behavior modification. The government should allow the information to appear and regulate content, format, and placement. Although information campaigns to promote health are generally aimed at enhancing knowledge, changing attitudes, and improving skills, changes in consumer knowledge and attitudes do not directly result in adoption of health-promoting practices. Consumers need information to make long-term dietary changes, yet more than just information is necessary to achieve this goal.

Dietitians are the health professionals most involved in educating consumers about the use of food labels in selecting foods to meet dietary goals. Most diet-related health problems develop gradually, without immediate or dramatic symptoms. Risk factor reduction and disease prevention through dietary change require individuals to make long-term and often arduous changes in food habits.

For the food industry, health professionals, and consumer groups, it will be of interest in terms of their own objectives in promoting nutrition labeling changes that are in line with current dietary recommendations and in product development. [Earl, R., Porter, D.V., Wellman, N.S., Nutrition labeling: Issues and directions for the '90s. Institute of Medicine National Academy of Sciences. September 1990.]

The rules of labeling are set out by the Food and Drug Administration (FDA). The following are excerpts from comments presented to the Advisory Committee on the FDA's Subcommittee on Food and Veterinary Medicine, on September 6, 1990, by Nancy S. Wellman, PhD, RD, President of The American Dietetic Association.

FDA needs independence from politics, particularly in regard to rulemaking. FDA autonomy is essential to its mission. It has been dismaying for dietitians to see rulemaking proposals stalled and/or overturned as has happened in the past for health claims, cholesterol, and various food safety issues such as food colors. Food labeling is an example where FDA suffers from the lack of overarching government-wide policy. FDA must be allowed to make decisions independent of current Administration bias.

Dietitians believe Americans want a stronger, yet reasonable FDA - an FDA in tune with the times, an FDA with the autonomy to fulfill its mandate. The FDA must take a more contemporary, broader role in not only safeguarding, but improving the nutritional status of Americans.



RD's have seen FDA's stature diminish in the eyes of consumers because food labeling reform is overdue. Labeling regulations have not kept pace with contemporary food and nutrition science or with consumer demand for more nutrition information. RD's use food labels in everyday work as teaching tools to help consumers make life-saving or life-lengthening food choices. RDs are, therefore, keenly aware of the shortcomings of today's food labeling system.

FDA should use its range of legitimate justifications including public safety, prevention of consumer confusion, and interstate commerce concerns. No time resources should be devoted to determining who has authority. Action should be the goal.

A comprehensive nutrition education program will be needed to educate consumers regarding the availability and appropriate use of improved food labeling. FDA should work to maximize the impact of food labeling reform on the nutritional status of Americans. A strong commitment to nutrition education through resource allocation and advocacy by FDA is essential. [Journal of American Dietetic Assoc. 90:1522. 1990.]

Food Labeling Legislation

The Nutrition Labeling and Education Act of 1989, was the main food labeling bill in the 101st Congress. The House passed it and the Senate passed the same bill with some minor amendments.

The legislation includes the following:-

  1. Mandatory labeling is required for most foods under the jurisdiction of the Food and Drug Administration but not those covered by the US Department of Agriculture (i.e.. meat and poultry). The label would include:

    • Serving size, in standard, common household measures
    • Number of servings per container
    • Total calories
    • Total fat, saturated fat
    • Cholesterol
    • Sodium
    • Total carbohydrates, complex carbohydrates, and sugar
    • Total protein, and
    • Dietary fiber.

  2. The Secretary of Health and Human Services must provide voluntary nutrition guidelines for fruits, vegetables and raw fish. The guidelines will apply to 20 varieties of vegetables, fruit and raw fish most frequently consumed during a year, and the secretary will decide which foods will come under this requirement.

  3. There are exemptions for foods sold in restaurants, infant formula, foods with insignificant amounts of the nutrients required to be listed on the label, such as spices, and some other minor exemptions.



  4. It also addresses the issue of claims that may be made about the nutrients in the food. First, content claims, such as "low salt", or "light" would have to be consistent with terms defined by the Secretary. Second, there would be a process for the orderly regulation of disease claims such as "fiber. prevents cancer". FDA would review the scientific evidence and decide whether a claim is valid. A disease claim may not be made unless it is consistent with a final regulation issued by the FDA. Also, a claim may not be made if it is misleading in light of the level of another nutrient in the food; it must be based on the totality of scientific evidence on which there is significant scientific agreement.

  5. The Secretary will establish a system that evaluates the validity of health claims for dietary supplements.

  6. Some descriptors such as "light" or "lite" and "low" will have standard definitions.

[Legislative Highlights. JADA. 90:1653. December 1990.]

Cholesterol Labeling Rule

The Food and Drug Administration's final rule on Food Labeling: Definitions of the terms Cholesterol Free, Low Cholesterol, and Reduced Cholesterol, were published in the July 19, 1990, Federal Register.

Cholesterol Free:

  • Less than 2 mg of cholesterol per serving; and
  • 5 gram or less total fat per serving; and
  • 20% or less total fat on dry weight basis; and
  • 2 gram or less saturated fatty acids per serving; and
  • 6% or less saturated fatty acids on a dry weight basis.

Low Cholesterol:

  • 20 mg or less cholesterol per serving; and
  • 0.2 mg or less cholesterol per gram food; and
  • 5 gram or less total fat per serving; and
  • 20% or less total fat on dry weight basis; and
  • 2 gram or less saturated fatty acids per serving; and
  • 6% or less saturated fatty acids on a dry weight basis.

Reduced Cholesterol:

The American Dietetic Association (ADA) believes that the descriptor "reduced cholesterol" should be removed from this regulation as it would be misleading to the consumer. The average consumer could read the "reduced cholesterol" label and think that, like the other terms used for cholesterol, it also applies to foods allowed in a diet to reduce serum cholesterol. The positive consumer impact from the use of this term is negligible.

If this term is to be kept in the regulations, ADA believes its use should definitely be conditioned to specific levels of total fat and saturated fat. The purpose of this rule is to protect the consumer from misleading food labels. If consumers are encouraged to reduce their cholesterol intake, but not told to reduce their intake of total fat and saturated fat, the first advice would be useless. FDA needs to be consistent in its application of cholesterol terminology.

Comparative claims:

The ADA endorses FDA's decision not to allow terms such as "lowered" and "less" as food descriptors for foods with a 25 percent or more reduction of cholesterol. These terms can only be used in comparative statements. Comparative claims should also be conditioned to specific levels of total fat and saturated fat to maintain consistency in cholesterol terminology.

Consumers need to learn to make comparisons among food products when making purchasing decisions. Allowing manufacturers to make cholesterol comparisons on labels would benefit consumers. [Legislative Highlights: ADA's response to FDA's cholesterol labeling rule. Journal of ADA. 90:1520. 1990.]

Fatty Acid Declaration

The FDA requires that saturated and unsaturated fatty acids be declared in nutrition labeling whenever cholesterol information is provided, regardless of whether a cholesterol claim is made on the principal display panel. This is necessary to prevent consumer deception.

Omega-3 and Omega-6 Fatty Acids:

Voluntary differentiation of polyunsaturates into omega-3 or omega-6 fatty acids is not allowed. There has been little research done in this area and it would have the potential for confusing the consumer.