Subject line: Docket Nos. FDA-2012-N-1210 and FDA-2004-N-0258
Dear Commissioner Gottlieb:
Thank you for the opportunity to express our views on the proposed extension period for compliance of the May 27, 2016 Nutrition Facts and Serving Size Final Rules. The National Center for Health Research strongly opposes the proposed delay of the updated Nutrition facts label.
Our center analyzes scientific and medical data and provides objective health information to patients, providers, and policymakers. We have no conflicts of interest.
It has been two years since the final rule was published. Companies have had more than enough time to comply. The proposed extension period for compliance will be harmful to Americans for the following reasons:
#1: It is well known that excessive consumption of added sugars is strongly associated with our Nation’s overwhelming burden of diabetes, obesity, and heart disease. Overweight and obesity also increase the risk of many cancers. Current nutrition labels do not specify the gram amount of added sugars. Those watching their weight or those with diabetes trying to manage their blood sugars need to know how much added sugar they should be consuming and how much is added to a particular product. The current labels are confusing and total sugar amounts are misleading. For example, natural fruit juice may have no added sugar, but it may have the same amount of total sugars as soda. Knowing the difference can empower the public to make more informed decisions. With growing obesity and related disease burdens, including obesity-related cancers in adults and children, we need this information to be made available now, not later.
#2: It is widely known that Americans consume larger portions now than in the past, yet current suggested serving sizes are based on outdated notions. When someone looks at current labels for nutrition information for a “portion,” they may not realize they are eating double or triple the suggested serving size, and therefore double or triple the calories, fat grams, sodium, etc. The current serving sizes are unrealistic and misleading. Accurate measurements are vital to persons managing diabetes or obesity along with their healthcare providers or registered dieticians. Persons with heart disease or kidney disease on salt-restricted diets need to know how much sodium is in the entire can of processed soup. Delaying the compliance date unfairly withholds accurate serving size facts from the public, decreases adherence to medically necessary diets, and increases the risk for negative health outcomes.
#3: On a related matter, many Americans make dietary decisions based on calorie count; however, it is difficult to find this important information for the amount of food an individual is eating based on current labels. Excess calorie consumption from manufactured food products contributes to a number of serious diseases, including heart disease, diabetes, and cancer. Many of these dietary-related diseases can be prevented through health behavior change and health promotion. Americans need visible and clear information to make informed decisions. Patients need to report accurate information to healthcare providers about their calorie intake. We urge you, do not put off the compliance date. Implementing an extension period would delay the public’s right to informed consumer decision-making and transparency about the nutritional value of food products.
#4: Extending the deadline means that the Nutrition Facts label will have gone 27 years without major updates. Policy changes need to be rooted in science. Food science and medicine have been ever evolving, why hold on to policies that are stuck in the past? In the two years since the final rule was published, thousands of products already have implemented the updated Nutrition Facts label. Companies that have made their labels more transparent should not be penalized by encouraging a delay in compliance by companies that continue to provide unclear or misleading information.
The 2015–2020 Dietary Guidelines recommends that “Americans follow a healthy eating pattern” including limiting added sugars, controlling portions, and balancing calorie intake. The public can’t follow that advice without the updated labels. Given the FDA’s public health mission and the high rates of diet-related chronic disease as well as cancer in America, the FDA should act quickly to ensure compliance with the new Nutrition Facts labels without the proposed delay. Delaying the compliance date harms the American public’s health and well-being, and sets back larger public health efforts to reduce our country’s disease epidemics. Thank you for the opportunity to share our perspective.
Sincerely,
Diana Zuckerman, PhD
President
National Center for Health Research
For more information, please contact info@center4research.org
References:
Regulations.gov. “Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Proposed Extension of Compliance Dates” Available Online: https://www.regulations.gov/document?D=FDA-2012-N-1210-1302