NUTRITION FACTS 2.0 The Good, The Bad, and The Uncertain BETH JOHNSON, CEO FOOD DIRECTIONS LLC.
NUTRITION FACTS PANEL ê FINAL RULE The long anticipated Final Rule came out on June 1, 2016 CHANGES Changes to format, serving size, and record keeping requirements TIMING 2 years for manufacturers that make over $10M and 3 years for manufacturers that make less that $10M.
UPDATES SINCE FINAL RULE November 2016 FDA released 2 documents regarding fiber. FDA extended the comment period for these documents to Feb. 13, 2017 January 2017 FDA issued a guidance document on the nutrition labeling final rule, including questions and answers related to compliance dates, declarative quantities of vitamins and minerals, and calculating and declaring added sugars. Comments are due March 6, 2017. FDA issued a guidance document on the serving size final rule, which included a list of products for each category of serving sizes. Comments are due March 6, 2017.
THE GOOD
AN UPDATED FOOD LABEL As a whole, there is broad support for providing valuable information to consumers through the food label Important changes to the label include: Updated science Clearer presentation of information More accurate reflection of what people eat
SOME EASY CHANGES Value Label Changes Removing calories from fat Declaring different nutrients Changing value for sodium Recalculating %DVs Changing the footnote language
THIS OFFERS AN OPPORTUNITY The Opportunity for Industry Be Creative Use the label changes to educate Identify creative ways to talk about the nutrient density of the food Be Transparent Utilize the interest in transparency to educate consumers about the benefits of the food
THE BAD
SOME NOT SO EASY CHANGES Some changes are a Little More Difficult Dietary Fiber changes Added Sugar calculations
FDA S POSITION ON ADDED FIBERS NOT ALL FIBERS REMAIN EQUAL + NEED MORE INFORMATION
DIETARY FIBER Determine: Does the fiber you include still count? Has FDA included it in fibers with positive benefits? Research: Do you have data showing a positive physiological benefit on fibers you use? Comment: Submit data on fibers to the FDA Comments due February 13 th, 2017 Plan: If the answer is no, should you reformulate? How long will reformulation take? Reassess: If the fiber is not approved by FDA, how important is the fiber message for the product? Understand: FDA guidance on fiber labeling Wait: How long will it take FDA to respond? Develop: New label, new claims! New DV = 28g Record keeping
CALCULATING ADDED SUGAR CONTENT ADDED SUGAR GIVEN NEW DEFINITION + NEED MORE INFORMATION
ADDED SUGARS Added sugars are those sugars added during processing, including: Syrups Honey Molasses HFCS Brown Sugar Invert Sugar Maltose Sugar Maltose Lactose Sucrose Trehalose Concentrated Fruit Juice* Excludes concentrated 100% fruit juices sold to consumers
ADDED SUGARS FDA released a draft guidance to help calculate added sugars including: When sugars from fruits and vegetables are considered added sugars Calculating added sugars in juices and in fruit spreads How hydrolysis creates mono and disaccharides and when they are considered added sugars How fermentation and browning may create added sugars May have to consider: Investigating the sugar content and sources in ingredients How the sugar content may change after ingredients are combined in recipe How the sugars were developed
ADDED SUGARS Determine: What classifies as added sugar? Understand: FDA Guidance with Q&A on added sugars Calculate: What is the total amount of added sugar included to product? How to label? Total Sugars (g) Added Sugars (g + %DV) 50g = 100% DV Identify: Which ingredients are added sugars and are any fermented? Comment: Submit comments on FDA guidance. Due by March 6 th, 2017 Are any of my claims going to change? Keep those Records!
NEW RECORD KEEPING The final rules require manufacturers to make and keep certain written records to verify the label declarations of: dietary fiber, added sugars, vitamin E, folate and folic acid Analytical methods unavailable The final rules require these records to be kept for at least 2 years
THE UNCERTAIN?
NFP UNDER A TRUMP ADMINISTRATION Food and Nutrition Policy has not been a top priority Though regulatory reform has been a priority Does NFP fall under the Congressional Review Act Does industry need more time for NFP compliance What about other label changes, including GMO labeling and product code date labeling?
ALSO COMING DOWN THE PIKE MORE LABEL CHANGES Health Claims Nutrient Content Claims Healthy Clean Labeling Natural
COMMUNICATION NEEDS Change Can Equal Confusion but Doesn t Have To No one wants to cause consumer confusion, but with a changing label, there will likely be at least some Need for clarity among food manufacturers Need same interpretation of what is a fiber Need same interpretation of what is a sugar Need for consumer education What used to be high fiber, high calcium, or low sodium may not be anymore How will the added sugar information be interpreted? How will change in serving sizes be interpreted?
THANK YOU! Contact me: Beth Johnson Food Directions LLC. bethjohnson@fooddirectionsdc.com