FDA Warns Food Manufacturers on Point-of-Purchase Food Labeling

The Food and Drug Administration released a guidance letter to the food industry last week, reminding manufacturers that point-of-purchase food claims, including front-of-package labeling, must not be misleading to consumers. The FDA is developing a proposed regulation to define the nutritional criteria for products using point-of-purchase claims, such as the heart-check mark, on the front of a food package or on retail shelf tags.

Barbara Schneeman, Director of the Office of Nutrition, Labeling and Dietary Supplements, has expressed concerns that this type of labeling may distract consumers from the Nutrition Facts panel and could present an incomplete picture of a food's nutrient package. A document providing background information on point-of-purchase labeling was included with the letter.

The guidance is the latest activity related to front-of-pack and point-of-purchase labeling. In December 2008, FDA released a Letter to Manufacturers, reminding companies using front-of-pack nutrition-labeling symbols that these icons could be considered nutrition claims and should comply with all regulations on claims.

More recent action has been focused on the "Smart Choices" program, which was developed on the recommendations of a group that included food-industry and nutrition experts and FDA advisors.

• Guidance for Industry: Letter Regarding Point of Purchase Food Labeling

• Background Information on Point of Purchase Labeling

• FDA Letter to the Smart Choices Program

• Guidance for Industry: Dear Manufacturer Letter Regarding Front-of-Package Symbols