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What Do the New Food Labels Mean for Dairy? 11.01.2017 2

National Dairy Council works on behalf of dairy farmers and importers National Dairy Council is dedicated to healthy foods, healthy people, healthy communities and a healthy planet now, and for future generations. We are committed to bringing to life the dairy community s shared vision of a healthy, happy, sustainable world, with science as our foundation. 3

NDC Scientific and Regulatory Affairs monitors the food and nutrition environment and translates for the dairy community Jill Nicholls, PhD VP, Nutrition & Scientific Affairs Julie Hess, PhD Candidate Manager, Scientific & Regulatory Affairs Jen Houchins, PhD, RD Director, Regulatory Affairs Elieke Demmer, PhD, RD Director, Nutrition Research 4

Agenda A brief history of food labeling Updates to the Nutrition Facts Panel Specific implications for dairy foods NDC resources available to guide claims and messaging 5

A brief history of food labeling RDAs set based on 1968 values 1973 FDA issues NLEA regulations 1993 Final rule requires trans fatty acids be declared in the nutrition label 2003 FDA issues ANPRs: (1) prominence of calories on food labels and (2) RACCs and serving sizes 2005 IOM publishes report on DRI updates for calcium and vitamin D 2010 Final rule for Nutrition Facts revisions May 2016 Nutrition Labeling and Education Act (NLEA) 1990 IOM publishes reports on DRIs 1997-2005 Food Allergy Labeling and Consumer Protection Act 2004 FDA issues ANPR on reference values 2007 Proposed rule for Nutrition Facts revisions February 2014 Proposed Compliance date January 1, 2020 6

Updates to the nutrition facts panel include the look, the nutrients, and the rules OLD NEW Serving size and Calories are more prominent 7

Updates to the nutrition facts panel include the look, the nutrients, and the rules OLD NEW Serving size and Calories are more prominent Vitamin D & Potassium replace Vitamin A & C Actual amounts are listed in addition to % DV 8

Updates to the nutrition facts panel include the look, the nutrients, and the rules OLD NEW Updated RACCs and DVs Serving size and Calories are more prominent Vitamin D & Potassium replace Vitamin A & C Actual amounts are listed in addition to % DV Shortened footnote 10

Updated reference amount customarily consumed (RACC) values impact some dairy foods Old RACC New RACC Milk, milk-substitute beverages 240 ml 240 ml Cheese, cottage 110 g 110 g Cheese used primarily as ingredients 55 g 55 g Cheese, grated hard 5 g 5 g Cheese, all others 30 g 30 g Yogurt 225 g 170 g Ice Cream 85 g; ½ cup ⅔ cup Coffee or tea, flavored and sweetened 240 ml 360 ml Mixed dishes, e.g., pizza, sandwiches 140 g 140 g 11

Package size impacts serving size declaration and Nutrition Facts format Container Size Labeled Per Serving Labeled Per Container 150% or less RACC 151 199% RACC Not Allowed Optional Mandatory Mandatory All packages with <200% RACC will be labeled as a singleserving container 200 300% RACC* Mandatory Mandatory >300% RACC Mandatory Not Allowed 12

Package size impacts serving size declaration and Nutrition Facts format Container Size 150% or less RACC 151 199% RACC 200 300% RACC* Labeled Per Serving Not Allowed Optional Mandatory Labeled Per Container Mandatory Mandatory Mandatory >300% RACC Mandatory Not Allowed 13

Similar acronyms that have different meanings: DRI, RDI, EAR, RDA, UL, AI, DRV, DV Dietary Reference Intakes (DRIs): Age and sex-specific recommendations. Estimated Average Requirement Recommended Dietary Allowance Tolerable Upper Intake Level Adequate Intake Daily Value (DV): A term to designate both DRVs and RDIs. Used by the Food and Drug Administration for labeling purposes. Daily Reference Value Reference Daily Intake 14

DVs have been updated to reflect current science DECREASING Sodium Pantothenic Acid Total Carbohydrates Zinc Vitamin A Selenium Vitamin E Copper Thiamin Chromium Riboflavin Molybdenum Niacin Chloride Vitamin B 6 Biotin Vitamin B 12 INCREASING Total Fat Dietary Fiber Calcium Vitamin D Potassium Vitamin C Vitamin K Phosphorus Magnesium Manganese NEW Added Sugars Choline NO CHANGE Saturated Fat Cholesterol Protein Iron Folate Iodine 16

Milk is still a good source of 9 essential nutrients NEW % DV CLAIM Protein 16% Good Source Calcium 25% Excellent Source Vitamin D 15% Good Source Potassium 8% - Phosphorus 20% Excellent Source Vitamin A 15% Good Source Vitamin B 12 50% Excellent Source Riboflavin (Vit B 2 ) 35% Excellent Source Niacin (Vit B 3 ) 10% Good Source Pantothenic Acid (Vit B 5 ) 8 OZ LOW-FAT MILK* 20% Excellent Source *USDA NND SRR28 #01082. Some milk may also be a source of selenium and/or zinc. Each product should be evaluated separately. 20

Milk is still a good source of 9 essential nutrients Old DV: 1000 mg New DV: 1300 mg One cup low-fat milk*: 305 mg Old %DV: 305/1000 = 30% DV New %DV: 305/1300 = 23% DV NEW % DV CLAIM Protein 16% Good Source Calcium 25% Excellent Source Vitamin D 15% Good Source Potassium 8% - Phosphorus 20% Excellent Source Vitamin A 15% Good Source Vitamin B 12 50% Excellent Source Riboflavin (Vit B 2 ) 35% Excellent Source Niacin (Vit B 3 ) 10% Good Source Pantothenic Acid (Vit B 5 ) 8 OZ LOW-FAT MILK* 20% Excellent Source *USDA NND SRR28 #01082. Some milk may also be a source of selenium and/or zinc. Each product should be evaluated separately. 21

Milk is still a good source of 9 essential nutrients Old DV: 400 IU New DV: 20 mcg (800 IU) One cup low-fat milk*: 117 IU Old %DV: 117/400 = 29% DV New %DV: 117/800 = 15% DV NEW % DV CLAIM Protein 16% Good Source Calcium 25% Excellent Source Vitamin D 15% Good Source Potassium 8% - Phosphorus 20% Excellent Source Vitamin A 15% Good Source Vitamin B 12 50% Excellent Source Riboflavin (Vit B 2 ) 35% Excellent Source Niacin (Vit B 3 ) 10% Good Source Pantothenic Acid (Vit B 5 ) 8 OZ LOW-FAT MILK* 20% Excellent Source *USDA NND SRR28 #01082. Some milk may also be a source of selenium and/or zinc. Each product should be evaluated separately. 22

2016 final rule allows for additional fortification of vitamin D in milk Category Edible plant-based beverages intended as milk alternatives Milk Prior Maximum Level of Vitamin D Allowed 50 IU/100g (GRAS for soy beverages) 42 IU/100g (GRAS) 400 IU/quart (SOI) Maximum Level of Vitamin D Allowed Under the Final Rule 84 IU/100g 84 IU/100g* 800 IU/quart* 25% Daily Value = Excellent Source Final rule: Food Additives Permitted for Direct Addition to Food for Human Consumption; Vitamin D 2 and Vitamin D 3. Federal Register July 18, 2016. *Allowed for milk using a nutrient content claim in combination with the standardized term (e.g., High Vitamin D Milk). 23

The dairy industry may consider different options for vitamin D fortification Option 1: Keep vitamin D fortification at current level Milk goes from excellent to good source claim Possible advantage for milk-alternative beverages Option 2: Increase vitamin D fortification to new allowable level Excellent source claim maintained Requires naming as High Vitamin D Milk Final rule: Food Additives Permitted for Direct Addition to Food for Human Consumption; Vitamin D 2 and Vitamin D 3. Federal Register July 18, 2016. 24

Milk is still a good source of 9 essential nutrients Old DV: 3500 mg New DV: 4700 mg One cup low-fat milk*: 366 mg Old %DV: 366/3500 = 10% DV New %DV: 366/4700 = 8% DV NEW % DV CLAIM Protein 16% Good Source Calcium 25% Excellent Source Vitamin D 15% Good Source Potassium 8% - Phosphorus 20% Excellent Source Vitamin A 15% Good Source Vitamin B 12 50% Excellent Source Riboflavin (Vit B 2 ) 35% Excellent Source Niacin (Vit B 3 ) 10% Good Source Pantothenic Acid (Vit B 5 ) 8 OZ LOW-FAT MILK* 20% Excellent Source *USDA NND SRR28 #01082. Some milk may also be a source of selenium and/or zinc. Each product should be evaluated separately. 25

NHANES dietary intake data indicate milk provides 11% of the potassium in the American diet* Milk is the #1 food source of calcium, vitamin D, and potassium*, all nutrients of concern in the diets of American children and adults. *Low-fat milk provides 366 mg potassium per cup, 8% DV Keast DR et al. Nutrients 2013; O Neil CE et al. Nutrients 2012; USDA National Nutrient Database for Standard Reference Release 28, #01082; National Dairy Council. NHANES 2011-2014. Data Source; Centers for Disease Control and Prevention, National Center for Health Statistics, National Health and Nutrition Examination Survey Data. Hyattsville, MD: U.S. Department of Health and Human Services. http://www.cdc.gov/nchs/nhanes.htm 26

Milk is still a good source of 9 essential nutrients Old DV: 20 mg niacin New DV: 16 mg niacin eq. (NE) One cup low-fat milk*: 0.227 niacin, 1.98 mg NE Old %DV: 0.227/20 = 1% DV New %DV: 1.98/16 = 12% DV NEW % DV CLAIM Protein 16% Good Source Calcium 25% Excellent Source Vitamin D 15% Good Source Potassium 8% - Phosphorus 20% Excellent Source Vitamin A 15% Good Source Vitamin B 12 50% Excellent Source Riboflavin (Vit B 2 ) 35% Excellent Source Niacin (Vit B 3 ) 10% Good Source Pantothenic Acid (Vit B 5 ) 8 OZ LOW-FAT MILK* 20% Excellent Source *USDA NND SRR28 #01082. Some milk may also be a source of selenium and/or zinc. Each product should be evaluated separately. 27

Yogurt has a new RACC and updated % DV values Low-fat flavored yogurt* NEW % DV Riboflavin 25% Protein 17% Calcium 20% Potassium 8% Phosphorus 20% Vitamin B 12 40% Pantothenic Acid 20% Zinc 15% Low-fat Greek plain yogurt* NEW % DV Riboflavin 30% Vitamin A 15% Protein 34% Calcium 15% Phosphorus 20% Vitamin B 12 35% Pantothenic Acid 15% *USDA NND SRR28 #01119 (Low-fat Vanilla Yogurt) and #01287 (Low-fat Greek Plain Yogurt). Some yogurt may be a good source of selenium or zinc. Each product should be evaluated separately. 28

RACC changes can impact nutrient content and health claims Low-fat: Maximum of 3 g total fat per RACC Reduced-fat, Reduced sugar: At least 25% reduction per RACC vs. appropriate reference food Disclosure levels: See nutrition information for [nutrient(s) requiring disclosure] content Health claims disqualifying nutrient levels 29

Updates to the nutrition facts panel include the look, the nutrients, and the rules OLD NEW Updated RACCs and DVs Serving size and Calories are more prominent Sugars becomes Total Sugars New: Added Sugars with a Daily Value Vitamin D & Potassium replace Vitamin A & C Actual amounts are listed in addition to % DV Shortened footnote 30

Added Sugars will be included on the new nutrition facts label Ingredient list still provides information about sugar Daily Value: 50 grams (4+ years) *USDA NND SRR28 #01287 (Low-fat Greek yogurt), #01284 (Low-fat strawberry Greek yogurt), #01082 (Low-fat milk), #01104 (Low-fat chocolate milk). Each product should be evaluated separately. 31

Added sugars includes free sugars but does not include dairy ingredients either added during the processing of foods, or are packaged as such, and include sugars (free, mono- and disaccharides), sugars from syrups and honey, and sugars from concentrated fruit or vegetable juices Not Added Sugar Intrinsic sugars (e.g., lactose in milk, fructose in fruit) Dairy ingredients with lactose as the primary ingredient (e.g., whey powder) Single-strength fruit & vegetable juices Whole fruit, fruit pieces, pulps & purees High potency sweeteners Added Sugar Free sugars sucrose, fructose, lactose Concentrated fruit & vegetable juices Syrups HFCS, corn syrup, brown sugar syrup, brown rice syrup, fruit syrup Cane sugar Final rules: Food Labeling. Federal Register May 27, 2016; Draft Guidance: Questions and Answers on the Nutrition and Supplement Facts Labels Related to the Compliance Date, Added Sugars, and Declaration of Quantitative Amounts of Vitamins and Minerals: Guidance For Industry January 2017 35

Dietary guidance statements indicate, if consumed, added sugar should be part of nutrient-rich foods There is room for Americans to include limited amounts of added sugars in their eating patterns, including to improve palatability of some nutrient-dense foods as long as calories from added sugars do not exceed 10% per day (DGA 2015-2020) "SSBs, sweets, and sweetened grains are more likely to have a negative impact on diet quality, whereas sweetened dairy products may have a positive impact. Examples of foods that may have a positive impact include sweetened dairy products such as low-fat or fat-free flavored milk, sweetened yogurt (AHA 2016) 36

Resources available to help guide claims and messaging for dairy foods 37

Infographics: The New Nutrition Facts Panel for milk, cheese, and yogurt 38

National data (NHANES) can be used to highlight dairy contribution to the American diet 39

Science summaries are available on 40

Quick Reference Guide: Nutrition Claims for Dairy Products 41

Take-home messages Multiple updates to the Nutrition Facts panel will impact dairy foods Dairy foods have not changed, but the claims that can be made might have changed Each product will need to be evaluated separately NDC has resources available to guide messaging and claims 42