Both organizations called for a clear framework that differentiates between health claims and dietary-guidance statements. NFPA said the “ideal” framework would
• permit an applicant to seek only a qualified health claim, rather than petition for a “significant scientific agreement” health claim,
• permit a “significant scientific agreement” health claim to be pursued concurrently,
• allow for evaluation under a “weight of the evidence” standard, which is then reflected in the wording of the claim,
• omit any reference to a letter grade or other graphic scheme on labels or in labeling to denote the degree of scientific support for the claim,
• provide standard claim phraseology, as a safe harbor for expressing claims on labels and in labeling, and allow for optional alternate claim language,
• provide for a short period of public review of the proposed claim, and
• conclude with an exchange of correspondence between the applicant and FDA that is made public and conducted in an expedited period of time.
