Oser Communications Group

News & Notes BRIEFS GOURMET NEWS JUNE 2017 www.gourmetnews.com NEWS & NOTES 6 Americans Weigh in on Whether Food Labels Should Use "Healthy" BY LORRIE BAUMANN Many food manufacturers are encouraging the federal Food and Drug Administration to allow them to claim that some of the foods they make are "healthy" on the food's pack- aging. Many consumers aren't so sure that's a good idea, according to comments submit- ted to the FDA on the agency's proposal to redefine the "healthy" nutrient content claim for food labeling. The public comment pe- riod on the agency's proposal closed on April 26 with more than 1,000 comments submit- ted for the agency to consider. The FDA's current position on the use of "healthy" on product labels is contained in a nonbinding "Guidance for Industry" pub- lished in September, 2016. Under that guidance, the FDA declared its intention to exercise enforcement discretion about the use of the term "healthy" on food labels if the fat within the food is predominantly mono- or polyunsaturated, even if the food is not low in total fat, or if the food con- tains at least 10 percent of the daily value or potassium or Vitamin D. This discussion was initially kicked off when the FDA sent a warning letter to KIND, the makers of snack bars made pri- marily of nuts, seeds and fruit, that in- formed the company that its use of the word "healthy" on its product packaging was a violation of regulations that limited the use of the word "healthy" to describe foods low in total fats. "KIND worked dili- gently to bring our labels into compliance," said Justin Mervis, General Counsel and Head of Regulatory Affairs at KIND. "We also spent time studying the regulation." KIND's problem with the existing regu- lation was that it restricted the use of "healthy" to describe foods with 3 grams or less of total fat and 1 gram or less of satu- rated fats – leaving out foods like nuts, av- ocados and salmon that are generally recognized as healthy foods, while allowing foods like sugary cereals and toaster pas- tries to describe themselves as "healthy." "The regulation has no threshold for added sugar," Mervis observed. "It's a pretty sur- prising result." The discrepancy between the FDA's pre- vious understanding of what foods should be described as "healthy" and the agency's current position, as reflected in its "Guid- ance for Industry" is a result of changing scientific views of the role of fats in a healthy diet, as reflected in the difference between the U.S. Department of Agricul- ture's 2010 Dietary Guidelines and the 2015 Dietary Guidelines. KIND pointed out this difference to the FDA in a citizen petition that the company submitted last year, asking the FDA to update its position on the use of "healthy" on food labels. The agency's response was an acknowl- edgment that it was probably time to take another look at the rule. The agency issued its new "Guidance for Industry" last Sep- tember and opened the issue up for public comments. "The FDA has really taken this on," Mervis said. KIND has submitted a comment urging the agency to clearly define "healthy" to "allow consumers to identify and choose foods and food products that will be most helpful to them in constructing a healthy eating pattern in accordance with the Di- etary Guidelines." The company urged the agency to incor- porate four guid- ing principles into its regula- tion: that "healthy" food products should contain a mean- ingful amount of foods that are part of a healthy eating pattern, that the "healthy" definition shouldn't include thresholds for "good" nutrients, that the definition should include limits on nutri- ents like added sugars, saturated fats, trans- fats and sodium if those substances aren't intrinsic to foods that do fit into a healthy eating pattern, and that the "healthy" defi- nition should exclude food products that contain low- or no-calorie sweeteners or synthetic color additives. Other representatives of food manufac- turers also chimed in on the FDA's pro- posal, generally in favor of some kind of definition of "healthy" that would allow them to use the claim on their product la- bels. The Tea Association of the USA and the Tea Council of the USA wrote in to urge the FDA to allow the term "healthy" to be used with respect to unsweetened tea, pointing out that beverages help people stay hydrated and that if unsweetened tea could be labeled "healthy," then more Americans might choose it over other bev- erages that include added sugar. The Inter- national Tree Nut Council Nutrition Research & Education Foundation, a non- profit organization that represents the growers of almonds, Brazil nuts, cashews, hazelnuts, macadamias, pecans, pine nuts, pistachios and walnuts, urged the agency to permit almonds, hazelnuts, pecans, pine nuts, pistachios and walnuts to claim that they're healthy because there's research that links consumption of those nuts to a reduc- tion in the risk of heart disease. The Association for Dressings and Sauces, which says it's the international trade association representing the manufac- turers of salad dressings, mayonnaise and condiment sauces and the suppliers to the industry, wrote to urge the FDA to allow foods that do not meet the "low saturated fat" limit but contain predominantly mono- and polyunsaturated fats to be called "healthy" and to exempt salad dressings from any requirement to contain "good nu- trients," since the use of salad dressings en- courages people to eat vegetables and fruits and since oil-based salad dressings promote the bioavailability of some of the nutrients in salads and other raw vegetables. Some of the consumers who submitted comments weren't so sure that it's a good idea to allow food companies to use the word "healthy" on their labels at all. "Tessa K," who identified herself as a Registered Dietitian Nu- tritionist, pointed out that people vary in what foods are health-promoting for them, depend- ing on their individual health status. For ex- ample, someone with kidney disease may need to limit foods such as whole grains, beans, peas, lentils and nuts – all foods typi- cally considered healthy for other people, she noted. She also objected to the use of "healthy" as a marketing term. "'Healthy' should not be used essentially as a marketing tool, as this invites businesses to take advan- tage of the term for promotion of profits rather than health," she wrote in her comment. Matthew Ticotsky commented that, "the word 'healthy' can easily be misused, or purposely misused. Because this word at- tracts more customers, companies can use this to raise profits. In a heavily competitive business, companies in the food industry will utilize any method they can to increase sales and benefit financially." Daniel Preiato, who identified himself as a dietetic intern on the way to becoming a registered dietitian, wrote that, "From a marketing perspective, I feel the term 'healthy' is not beneficial to the consumer. Its use invites food companies to take ad- vantage of the term for profit promotion rather than human health. If companies are allowed to continue to use the term, this may warp the public's perception of what the term 'healthy' really means." GN USDA Delays Organic Livestock Rule The United States Department of Agriculture's Agricultural Marketing Service (AMS) is delaying the effective date of the rule published on January 19, 2017, for an additional six months to November 14, 2017, to allow time for further consideration by USDA. The effective date for this rule was initially March 20, 2017, and was subsequently delayed to May 19, 2017, by a document published in the Federal Register on February 9, 2017. The final rule amends the organic livestock and poultry production requirements by adding new provisions for livestock handling and transport for slaughter and avian living conditions; and expands and clarifies existing requirements covering livestock care and production practices and mammalian living conditions. The delay is opposed by the Organic Trade Association along with more than 350 organic livestock producers representing $1.95 billion in annual sales, the federal Advisory Committee on organic and accredited organic certifiers. The National Pork Producers Council has called for the rule's repeal. The Seeds of Change Grant Program Awards $310,000 Seeds of Change™, which produces sustainably grown organic seeds and nutritious organic foods, has awarded 24 grants through its 2017 Seeds of Change Grant Program. The winners include 12 community garden and 12 school garden programs across the country. Seeds of Change is distributing $310,000 in grants this year, funded by one percent of its net annual sales. Two schools – Henry H. North Elementary School Garden in Lansing, Michigan, and Southridge Outdoor Learning Facility in Lewisville, Texas – and two community garden programs – Rosalinda Sauro Sirianni Memorial Garden in Bellevue, Pennsylvania, and FUA Edible Education and Environment Classroom in Groveland, Florida – will receive a total of $110,000 in grants. Ten school and 10 community garden programs will receive a total of $200,000 in grants. Soylent Closes $50 Million Series B Round Led by GV Soylent has completed a $50 million Series B financing round led by GV (formerly Google Ventures) with participation from Tao Capital Partners, as well as existing investors, Lerer Hippeau Ventures and Andreessen Horowitz. Soylent has received a total of $74.5 million in funding to date. Previous investors in the company include Y Combinator and Alexis Ohanian, a co-Founder of Reddit. With this latest round of financing, Andy Wheeler, General Partner at GV, joins Soylent's board of directors. Soylent launched in 2013 with more than $3 million from the largest crowdfunded food project in history. The company has maintained consistent, strong sales growth. Soylent's suite of products has grown beyond its original Powder (now on version 1.8), to ready-to-drink meals in 2015, flavor expansions and its debut on Amazon Launchpad last year. "KIND worked diligently to bring our labels into compliance.... We also spent time studying the regulation." —JUSTIN MERVIS, GENERAL COUNSEL AND HEAD OF REGULATORY AFFAIRS AT KIND

• Cover