The Labeling Law: The Good, The Bad, and The Ugly. Cynthia Kupper, CEO Gluten Intolerance Group of NA

Transcription

1 The Labeling Law: The Good, The Bad, and The Ugly Cynthia Kupper, CEO Gluten Intolerance Group of NA

2 About Gluten Intolerance Group: GIG is a consumer support organization since 1974 Programs include: Outreach with over 80 support groups and 25 youth groups Gluten-Free Certification Organization (GFCO) over 55,000 products in 46 countries certified Gluten-Free Food Service Certification (GFFS) includes training and certification of camps, college campuses, restaurants (chains and individual), and meal kit services

3 Labeling Government regulations forbid outright dishonesty, but labels with narrowly defined, cleverly deployed or unregulated buzzwords can confuse shoppers. The FDA s objective is that labels provide truthful and not misleading information. The FDA does not define all the terms found on food products

4 Compulsory Information on labels Common Name of the food Ex: Oreo Chocolate Sandwich Cookie Name and address of the manufacturer, packer or distributor, or URL where this information can be found if packaging is very small Ingredient list Individual ingredients must be listed in descending order of predominance. List sub-ingredients in single ingredients (ex: soy sauce) Ingredient lists aren t required for single ingredient products, e.g. Honey. Some products like Juice and smoothies have their own special set of regulations Some of these requirements also include detailed design guidelines available in a labeling document at FDA.gov.

5 Compulsory Information on labels Nutrition facts Some exceptions: very small companies with limited units of products made in the USA. Foods with of no nutritional value, such as spices or coffee Required on exempt products if a health claim is made such as Healthy, Low Sugar or Gluten-Free Claims must be supported on label. Unsupported claims trigger the most frequent action letters from the FDA Specific design elements requirements to Nutrition facts panel Required allergy labeling. Top 8 allergens must be listed in plain language in the ingredient list or as a Contains: xxx statement Top 8 allergens: Wheat, Soy, Eggs, Milk, Peanuts, Tree Nuts, Fish, Crustacean Shellfish Some of these requirements also include detailed design guidelines available in a labeling document at FDA.gov.

6 Compulsory Information on labels Net quantity statement in ounces and grams Ingredient specific warnings The FDA has a long list of products, supplements and containers that must be used with specific warnings. Examples: alcohol, unpasteurized juice and unpasteurized cheese, and ingredients such as protein powders and psyllium husk. State required bottle bill information Eleven U.S. states have bottle bills deposit-refund systems for beverage containers. at minimum the state abbreviation and the refund amount Some of these requirements also include detailed design guidelines available in a labeling document at FDA.gov.

7 Packaging is Marketing

8 Making Nutrition Claims: What is Really Happening on the Front Label

9 Packaging is Marketing Brand owners are creative with packaging Labels communicate to potential customers health claims why this product is better than another Claims SELL products Icons and symbols are a quick, colorful ways of displaying the health benefits of products Some logo/seals are trademarked and regulated, others are not Some terms are regulated or have clear definitions, others do not Buyer Beware!

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11 What is in a Health Claim and Symbol?

12 Organic The term Organic, and Organic seals, are regulated by the USDA. Labeling products as organic, or using the official organic seal, without certification = fines Exception for small businesses food producers who gross less than $5000 in annual sales can use the term organic (but not the seal) on their labels without certification. Third party certifier is needed. USDA defines the standards while a certification body assesses the standards are met and awards certification. ~ 80 organizations are authorized to certify farms and businesses, and most can provide certification for businesses anywhere in the world. Ex: Oregon Tilth and Midwest Organic Services Association, Inc. The name of the third-party certifier must be included on the label. Use of their symbol is optional.

13 Types of Organic Products Businesses can become certified in any of the three categories below: 100% Organic: 100% of ingredients are organic, processing is 100% organic. Organic: 95% or more of ingredients are organic, some USDA-approved chemical additives may be used in processing. Made with Organic Ingredients: Certain ingredients are organic. (This statement can only be used on the ingredients panel on a label)

14 Kosher Must meet Kosher dietary laws. Every ingredient in the product and the process it was produced, must be certified as Kosher by a Rabbi. 100 s of Kosher certification agencies internationally Examples: Orthodox Union, OK Kosher and Star. Foods that don t contain meat or dairy can also be labeled as Pareve Kosher.

15 Non-GMO As the backlash against Genetically Modified Organisms (GMOs) increases, the use of Non-GMO symbols is also becoming more prevalent Non-GMO is not currently a regulated term by government Any food business can label themselves at Non-GMO. Nestle launched a range of cereals featuring their own, trademarked, Non-GMO symbol. Follow standards for ingredients and processes set by a 3 rd party certifier. Best known symbol is from the Non-GMO project a 3 rd party voluntary certification program The truth is that foods from genetically engineered plants must meet the same safety requirements as traditional foods. (FDA)

16 Vegan Term is unregulated by the FDA and can be used on any product without official certification. Generally understood as a food products made with no ingredients from animal origins It is confusing is this includes honey which some vegans regard as offlimits. A few organizations offer vegan certification. The Vegan Society allows products to use its seal if products are: Free from animal ingredients Prepared separately from non-vegan foods and Free of GMO ingredients

17 Gluten-Free Term Gluten-free or any variation such as no-gluten or free of gluten regulated by the FDA. Product must meet the FDA standard of less than 20 parts per million (ppm) of gluten - Regulation requirements are weaker than most certification programs Several Gluten- Free certification programs Standards between programs vary but nearly all are stricter than FDA regulations

18 Raw Foods Products that have been minimally processed and still retain all of the nutrients and vitamins that are usually lost in cooking. Unregulated term, and its definition is a little vague generally accepted to include foods that are unpasteurized and haven t been heated above 118ºF Any food can be labeled raw despite this vague definition Important to include the applicable warnings mandated by the FDA. The Raw Collective offers certification and use of their official seal, for foods that do not exceed temperatures of 118ºF during any phase of handling, including production, processing, storage, and transportation.

19 Social and Sustainability Certifications Rainforest Alliance Certified This certification is for products that contain bananas, cocoa, coffee, palm oil and tea sourced from Rainforest Alliance Certified farms or forests. These farms and forests must meet certain environmental, social and economic criteria designed to conserve wildlife; safeguard soils and waterways; protect workers, their families and local communities; and increase livelihoods in order to achieve true, long-term sustainability. Forest Stewardship Council (FSC) This seal is related to packaging, not the food product. FSC certification ensures that products come from responsibly managed forests that provide environmental, social and economic benefits.

20 Other Claims Made in the USA Low GI Unregulated term Made in USA self-certification exists To be eligible a business must Make or grow a product or service that is all or virtually all made in the United States. Glycemic Index - useful tool for anyone who needs a low sugar diet. Foods with a glycemic index of less than 55 are considered low-gi. Testing is required to determine the GI number for finished products. The Glycemic Research Institute is one of the organizations that provides testing.

21 Image from Safer-America.com More Confusing and Unregulated Claims

22 Confusing Claims Best if Used by This date is not a warning for safety, but rather for taste. It is the recommended date for best flavor or quality. It is not a purchase or safety date Sell by The sell by date does not actually concern the consumer. It tells the store how long to display the product for sale The consumer, should buy the product before the date expires

23 Confusing Claims - Natural Not regulated The FDA is ok if this term is used on foods that do not contain added color, artificial flavors, or synthetic substances Natural does not mean healthy in all cases, and is not necessarily healthier or better for you USDA allows the term "natural" to be used in meat and poultry products that contain no artificial ingredients or added color is minimally processed The label must explain the use of the term natural for example: "no added coloring, minimally processed."

24 Confusing Claims Artificial Flavors This is a tip to how that food gets its taste Refers to any flavoring that is not derived from a whole food source, such as a spice, fruit, vegetable, edible yeast, herb, bark, bud, root, leaf or similar plant material, meat, fish, poultry, etc. Both natural and artificial flavors are made in a lab, but artificial flavoring is created from synthetic rather than natural chemicals

25 Confusing Claims Processed" and "Unprocessed" Frequently misunderstood. People think of "processed" as unhealthy packaged foods with empty calories and loads of additives, and "unprocessed" as foods that are not canned, frozen or packaged. Neither is entirely correct. USDA - "processed" refers to food that has undergone a "change of character." "Whole" Ex: raw nuts (unprocessed) vs. roasted nuts (processed); edamame (unprocessed) vs. tofu (processed); a head of spinach (unprocessed) vs. cut, pre-washed spinach (processed). Not regulated "Whole foods" generally refer to foods that are not processed or refined and do not have any added ingredients. Ex: fresh produce, dairy, whole grains, meat and fish; any food that appears in its most pure form with minimal processing.

26 Certification Claims Not all certification programs are created equal Third-party verification is the highest quality system when it comes to product labeling and certifications because it ensures products have been comprehensively evaluated by an independent party for compliance with a standard developed by industry experts and stakeholders. Third-party Accredited certification programs present even greater oversight of the standards administration equally and consistently for all companies certified by that program.

27 Types of Certification 3 rd party accredited certification programs ISO Requirements for CB certifying products, processes and services ISO Requirements for CB providing audit and certification of management systems ISO General requirements for bodies operating certification of persons Scheme-owner certification without 3 rd party program accreditation Self-certification company set program without 3 rd party oversight

28 Certification Program Who is Who in Gluten-Free Certification 3 rd Party Accreditation of Certification Program PPM Gluten Required product/ Ingredient Testing Surveillance by Certifier Logo GFCO (USA) ppm internationally, finished goods and raw ingredients Yes - ongoing Yes NSF (USA) ppm, finished goods Yes No Crossed Grain (UK) GFCP (Canada) NCA Certified Gluten-Free Meets 41/2009 EC Std. Not accreditation program The world 20 ppm**, USA 10 ppm ** Mfg. determined Unaccredited 20 ppm Yes No 3 ppm, finished goods Depends on Mfg. processes Testing results sent with initial application No No Use on package is a Self Certification

29 Take Away Thoughts Claims on products must be truthful and not misleading Confusing labels can leave a bad taste in your mouth, but understanding the definitions can help Unauthorized use of trademarked symbols and seals can also lead to lawsuits and fines, or require product to be pulled from the shelves. Educate Yourself. Read Labels. Understand terms. Learn about product claims Company websites Certification body websites

30 Thank you for your attention Questions?