FOP Labeling

How do rules in the US vary from other countries when it comes to front of pack (FOP) labeling requirements? Our US-based food regulatory consultant, Kayleigh Lieberman, breaks down what the existing rules mean, and shares details of possible changes in the near future.

Point of Purchase 

“Front of Pack (FOP) food labeling requirements in the US is deemed voluntary information, in that it is intended to convey to consumers the nutritional attributes of a food. Point of Purchase labeling often includes symbols that are typically linked to a set of nutritional criteria developed by food manufacturers, grocery stores, trade organizations, and health organizations. 

What Regulations Are In Place? 

In the US, food labeling regulations on the matter has been considered for years, but the Food and Drug Administration (FDA) currently permits voluntary FOP labeling schemes such as the ‘Facts Up Front’ system developed by the Grocery Manufacturers Association (GMA) and the Food Marketing Institute (FMI). The Facts Up Front labeling scheme highlights key information from the Nutrition Facts panel, including certain nutrients and calorie counts. 

While nutrition-related FOP and shelf labeling is currently voluntary, it’s important to note that product information is still subject to the provisions of the Federal Food, Drug, and Cosmetic Act. 

The agency prohibits false or misleading claims and restrict nutrient content claims to those defined in FDA regulations, which is why working with a food regulatory consultant familiar with these rules are vital to a brand’s success and compliance. 

How Does Non-Compliance Impact Brands? 

Working with a food consulting company such as Ashbury can help to protect a brand from the repercussions because of non-compliance and prevent any violations of these established labeling requirements. 

For example, the FDA will consider action if a food is mislabelled, such as one that bears FOP or shelf labeling with a nutrient content claim that does not comply with the regulatory criteria for the claim as defined in Title 21 Code of Federal Regulations (CFR) 101.13 and Subpart D of Part 101. 

Are FOP Labeling Changes on the Horizon? 

The FDA’s research has found that with FOP labeling, people are less likely to check the Nutrition Facts label on the information panel of foods. It is therefore essential that both the criteria and symbols used in front-of-package and shelf-labeling systems are nutritionally-sound, well-designed to help consumers make informed and healthy food choices, and not be false or misleading (source). 

The FDA recently unveiled a Nutrition Innovation Strategy to rekindle its past efforts on preventing chronic diseases linked to diet and nutrition. During the National Food Policy Conference in 2018, FDA Commissioner Scott Gottlieb stated that “the agency will ask the food industry to reduce the amount of sodium in processed foods. 

While the FDA’s nutrition strategy omitted FOP food labeling regulations, the new strategy revealed plans to define “healthy” foods and to establish a ‘Healthy’ symbol for packaged food labels. The agency also suggested the healthy claim is “ripe for change.” 

In the future, we could see the FDA expand the definition of healthy beyond nutrients to encompass dietary patterns and food groups such as whole grains, low-fat dairy, fruits and vegetables.” 

For more support or guidance on product information, contact a member of the Ashbury team via our website, or give us a call.