Transcript U.S. Regulation of Internet Gaming (i.e., Gambling)

Lessons from the Nutritional
Labeling of Packaged Foods
(a U.S. perspective)
.
James Alan Cook
Palo Alto, CA
The Food and Drug Administration

Part of the U.S. Department of Health and Human
Services

Responsible for ensuring that foods are safe,
wholesome and properly labeled

Administers the Federal Food, Drug and Cosmetic
Act, and the Fair Packaging and Labeling Act

FDA’s laws and regulations are applicable to foods
produced in the U.S., as well as foods produced in
foreign countries that are imported into the U.S.
The Nutrition Labeling and
Education Act (the “NLEA”)
8 Nov. 1990

Three primary purposes:
To help consumers make healthier food choices
To protect consumers from inaccurate or misleading
health-related claims
To encourage food manufacturers to improve the
nutritional quality of their products
NLEA Requirements for Labeling
of Pre-Packaged Foods

NLEA requires that packaged foods must contain:
Common name of the product
Name and address of manufacturer
Common name of the product
Description of product’s contents
List of ingredients
Nutrition Facts label
Additional Provisions of the NLEA

Required food manufacturers to disclose the fat (saturated
and unsaturated), cholesterol, sodium, sugar, fiber, protein
and carbohydrate content in nearly all packaged foods

Required the FDA to establish standards and definitions for
food descriptors such as “low,” “lean”, “lite,” reduced fat,”
“high-fiber,” etc.

Established standards for allowing the display of “health”
claims (i.e., claims about disease risk reduction) to appear on
processed foods; but not “drug” claims
Health Claim: “Diets low in sodium may reduce he risk of
high blood pressure.”
Drug Claim: “Our product is loaded with nature’s best cold
fighting ingredients.”
FDA Tests Lot Samples to Confirm
Compliance with NLEA Regulations

Class I Nutrients – such as vitamins, minerals, protein, dietary
fiber, or potassium that are added to “fortified” or “fabricated”
foods
Must >100% of value declared on Nutrition Facts label

Class II Nutrients – such as vitamins, minerals, protein,
carbohydrates, dietary fiber, poly-unsaturated and monounsaturated fat, or potassium that occur naturally
Must >80% of value declared on Nutrition Facts label

Class III Nutrients – include calories, sugars, total fat,
saturated fat, cholesterol and sodium
Must <120% of value declared on Nutrition Facts label
Nutrition Facts Label
Nutrition Facts Label
Front-of-Box Nutrition Logos
The Food Guide Pyramid
U.S. Dept. of Agriculture
The Healthy Eating Pyramid
© 2008 Harvard University
Center for Science in the Public Interest
filed petition with FDA

30 Nov. 2006 -- CSPI requested that FDA develop a national
set of nutrition symbols to help consumers identify healthier
foods

CSPI argued that the non-standardized rating schemes that
food manufacturers are displaying on the front of their
packaging materials create confusion and/or deception for
consumers

10 Sept. 2007 – FDA invited interested parties to comment on
the perceived benefits and disadvantages of front-of-the-box
nutrition labels

FDA hearing is still in process (as of Feb. 2009)
Educational Programs Regarding
Nutrition Facts Labeling


The FDA, with the U.S. Dept. of Agriculture’s Food and
Nutrition Service, developed the “Power of Choice”
after-school program
Teaches adolescents to understand and how to use
the Nutrition Facts labels
Learn about better nutrition by hands-on activities
The FDA’s “Spot The Block” Program
Aimed at ‘Tweens (ages 10-12)
Partnered with Time Warner’s Cartoon Network
Teaches pre-adolescents how to use Nutrition Facts
labels to make healthy food choices
Current State of U.S. Food
Labeling



FDA remains in fact-finding mode regarding the
establishment of a standardized, national set of
front-of-the-box nutritional iconic images
U.S. food manufacturers and trade associations
want front-of-the-box icons/logos to continue to be
subject only to the FDA’s existing laws and
regulations
Consumers continue to rely upon, and to be
confused by, front-of-the-box icons/logos
Conclusions

There are notable similarities regarding the current state of
nutritional labeling in the U.S. and the challenges we face in
developing an appropriate system for labeling on-line content
There are existing laws and regulations that govern both
food labeling and the labeling/rating of video games
(whether on-line and/or as stand-alone products)
There is an understanding that both situations could be
better and need to evolve in order to provide better
information and protection for consumers
There is disagreement as to whether food manufacturers
(similar to game publishers) or governmental agencies
(similar to existing ratings boards) should have primary
responsibility for developing and implementing change
Conclusions (cont’d.)
In both situations, the market has evolved and new rules
need to be developed, clearly articulated and then
communicated to the public and the relevant industry in
order to provide better protection for their respective
interests; education is key to the success of new models
I want to thank LfM for inviting me to attend this 18th
Transatlantic Dialog. I appreciate LfM’s leadership role
and understanding that new ideas and an inter-disciplinary
approach are required to resolve the apparent issues
concerning the labeling of on-line content
I believe that LfM is uniquely positioned to coordinate the
development of a comprehensive framework for the
labeling of on-line content and related activities; one that is
sufficiently flexible to accommodate widely differing social
perspectives and emerging technologies