Calorie catharsis

FDA’s attack on obesity promises food label copy changes while substantive packaging purges may be possible, too.

ConAgra's Healthy Choice packages' green background paved the way for Nabisco's success with SnackWells, now a product of Kraft
ConAgra's Healthy Choice packages' green background paved the way for Nabisco's success with SnackWells, now a product of Kraft

With a new February report from a high-level Food and Drug Administration obesity task force in hand, FDA Commissioner Mark McClellan will move forward this spring with food labeling reforms. It’s expected that these changes will probably dwarf the impact the original 1994 Nutrition Facts panel had on packaging. McClellan has stepped into the role of “general” in the federal government’s war on obesity.

This is not Lincoln’s McClellan, the hesitant head of the Army of the Potomac. Bush’s McClellan is more of a swashbuckler. And he has considerable room for “swordplay” because even industry groups agree that food labels should contain more information on calories and portion size.

But no one inside the agency or industry believes that label change and simplification alone will lead to a national calorie catharsis. Companies may have to put food packaging itself on a diet. “We do recognize there’s been a change in manufacturers’ packaging practices,” says Christine Taylor, director of the Office of Nutritional Product Labeling and Dietary Supplements in the Food Center for Safety and Applied Nutrition at FDA. “They’re definitely using larger single-serving containers than they were in the 1990s, when we set this up.”

The FDA established its Nutrition Facts panel in 1994 based on direction given by Congress when it passed the Nutrition Labeling and Education Act of 1990. The law provides serving sizes for many foods based on the 1977-1978 and the 1987-1988 Nationwide Food Consumption Surveys.

Serving sizes?

Aside from the fact that more recent science and eating habits surveys have cast doubts on some of that data, the FDA “reference servings” statute has more holes than a piece of Swiss cheese. Any package that contains less than 200% of the reference amount can be billed as a single-serving package. When a product contains 200% or more of the reference amount, the manufacturer may label the product as a single serving if the entire package can reasonably be consumed at one sitting.

The FDA has the legal authority to force companies to reduce the size of single-serve packages (by eliminating the loopholes in the statute). Whether FDA, more radically, could go so far as to require servings within bulk packages to be individually wrapped, is debatable. But there were some influential voices raised on behalf of those kinds of severe regulatory moves during the FDA’s workshop on food labeling and packaging in November.

Bob Smith, president of R.E. Smith Consulting and head of research for Nabisco for seven years before his retirement, said during his presentation: “Serving sizes need to be individually wrapped.” In a follow-up interview, he backed off that position because he recognizes the packaging costs would be prohibitive.

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