FDA unveils new health claims legislation

The US Food and Drug Administration announced on Wednesday a new initiative which will see a greater number of health claims allowed on foods.

The US Food and Drug Administration announced on Wednesday a new initiative which will see a greater number of health claims allowed on foods.

The agency said the move was designed "to help American consumers prevent diseases and improve their health by making sound dietary decisions". Consumer groups argued, however, that the move would benefit industry rather than the general public.

The 'Consumer Health Information for Better Nutrition' initiative apparently aims to encourage food manufacturers and makers of dietary supplements to make accurate, science-based claims about the health benefits of their products. However companies are asked to submit a dossier of scientific evidence to the FDA, rather than wait for the agency to carry out its own independent evaluation.

It is difficult to see how the move will fulfil the apparent aim. The agency also said it would act to eliminate 'bogus labeling claims by taking on those dietary supplement marketers who make false or misleading claims', and to demonstrate its commitment, highlighted a case being brought against one bogus supplement on the market.

"By putting credible, science-based information in the hands of consumers, we hope to foster competition based on the real nutritional value of foods rather than on portion size or spurious and unreliable claims," Health and Human Services secretary Tommy G. Thompson said. "Such labeling can help empower consumers to make smart, healthy choices about the foods that they buy and consume."

Dr Rhona Applebaum, executive vice president of the National Food Processors Association (NFPA), welcomed the move: "This is a very positive move by FDA, which will help food companies to provide more accurate, science-based information on the health benefits of food products to consumers via food labels. NFPA has long urged that FDA examine its criteria for approving health claims, to speed the flow of this important information to consumers."

Trade association the Council for Responsible Nutrition also applauded the FDA. "CRN has long supported the logical position that qualified health claims should be available for all categories of food, including conventional foods and dietary supplements, because they all provide beneficial nutrients that promote good health and help protect against disease.

"We support efforts by the regulatory agencies to reign in companies that are engaging in misleading dietary supplement advertising. The dietary supplement industry is regulated, both by FDA and FTC, and companies that do not comply with the legal requirements for truthful advertising do a grave disservice to both consumers and the responsible companies providing quality products."

However, the legal affairs director of consumer group Center for Science in the Public Interest (CSPI), Bruce Silverglade, said in a statement: "Today's action lowers the standard for health claims for foods to that which has been followed for dietary supplements. The supplement claims standard has led to a marketplace free-for-all of misleading claims that we fear will now spread to the much larger food industry. While FDA has promised to step up enforcement actions, the agency, as a practical matter, has little resources to do so and no significant new funding appears to be forthcoming from Congress."