FDA's Proposed Rule for Front-of-Package (FOP) Nutrition Labeling

Key Points

• Goal is to require easily noticeable & obvious nutrition information separate from the Nutrition Facts Panel with the intent to draw immediate attention to the consumer’s dietary choices
• The labeling requirements are already
• Meant to complement FDA’s 2016 Nutrition Facts Panel regulation updates, as well as updated definition for “Healthy” and sodium reduction efforts
• Has been discussed for approximately two decades and FDA conducted research for best approach, including focus groups and experimental studies
• Not to be confused with Facts Up Front Label, which is industry-derived and does not highlight whether a product is low or high in a particular nutrient:

• FDA has never defined “high” definition for nutrients of concern. This is a first.

Proposed Format

• Aesthetically a more robust streamlined version of the standard Nutrition Facts Panel (NFP)
• Uses the verbiage Low, Med, & High to “flag” nutrient content with respect to % Daily Value
  • ≤ 5% = Low
  • 6-19% = Med
  • ≥ 20% = High
  • Caloric content is not included but FDA says manufacturers can elect to share that information
• Placed near the top third of the Principal Display Panel (PDP)
• FDA advises simple font (for example, Helvetica)
• FDA advises minimum of 8 point type size, with other recommendations for box size with respect to total package area
• Also includes proposed update to nutrient content claim regulations for “low”, specifically sodium
  • Sodium (from 140mg to 115mg)
  • Saturated Fat (no change)
  • Added Sugars (no requirements)

Industry Comments

• Comment period for public comments is 120 days from initial proposed rule
• Less flashy than graphics used by other countries
• Manufacturers must surrender valuable marketing space on the PDP & spend money on re-design of packaging
• FDA’s nutrient content regulations primarily give manufacturers guidelines for positive claims where this is requiring them to claim nutrient content in a “negative” light
• Many argue that proposed rule does not focus on the most imperative criteria in aiding consumers to make positive diet choices (i.e. calories, beneficial nutrients, & limiting nutrients)

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