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Chicago, Illinois July 29, 2014

ACI 5 th Advanced Regulatory and Compliance Summit on Food and Beverage Marketing and Advertising. Chicago, Illinois July 29, 2014. Bruce Silverglade Principal OFW Law Washington, DC. Bsilverglade@ofwlaw.com 202-518-5316. FDA Nutrition Labeling Revamp.

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Chicago, Illinois July 29, 2014

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  1. ACI 5th Advanced Regulatory and Compliance Summit on Food and Beverage Marketing and Advertising Chicago, Illinois July 29, 2014

  2. Bruce SilvergladePrincipalOFW LawWashington, DC Bsilverglade@ofwlaw.com 202-518-5316

  3. FDA Nutrition Labeling Revamp What Food Companies Need to Know To Update Their Marketing Efforts

  4. Original label became effective in 1994 • Emphasis at that time was on fat content • More than 6,000 new “low fat” foods were introduced in the marketplace in 1996 Original Nutrition Facts Label had a Major impact

  5. Trans Fat disclosure was added in 2006 • Trans Fat content in processed foods declined by about 50%

  6. New FDA revisions are High Profile • White House led announcement followed by statement by FDA Commissioner Hamburg

  7. Statement of FDA Commissioner Margaret Hamburg Emphasizes: > Calories > Serving sizes > Percent daily values

  8. Threat or opportunity – • Now is the time to consider new strategic marketing efforts • Almost every company will still have a tool kit to work with • The “tools,” however, will be different Marketing Impact – Strategic Planning

  9. Let’s take a look at the proposed changes and consider the new tools that may be available to communicate the health benefits of your product MARKETIG IMPACT – What will the changes entail?

  10. Total calorie content of foods will be emphasized to a greater extent • FDA wants to prevent mishap in 1996 where many new “low fat” foods had as many calories as traditional counterpart • Fat was replaced with sugar MARKETING IMPACTS – BOLDER “CALORIE” DISCLOSURES

  11. More than 30 serving sizes (RACCs) will change; most will increase. • Serving size for ice cream will double – that means calorie content, as well as fat, sugar, and sodium content on the Nutrition Facts label will double as well Marketing Impacts – serving sizes

  12. New rules for single size servings • Will require nutrition information for entire package • What will impact be on package sizes? • Will dual column labeling be an option? marketing impacts – Single size servings

  13. Increasing the amount of fat, saturated fat, cholesterol and sodium listed on the Nutrition Facts panel to comply with new serving sizes and single serving regulations will impact ability to use health and nutrition claims MARKETING IMPACT – HEALTH AND NUTRITION CLAIMS

  14. Health and nutrition claims are limited when fat, saturated fat, cholesterol, or sodium content exceed 20% of the Daily Value • That limit will be reached more quickly, given that higher amounts of those nutrients will have to be declared Marketing Impact: Health and nutrition claims

  15. The DV for sodium will increase • The cutoff for health claims for foods with 20% or more of the DV for sodium remains the same • Result: Foods making health claims may have to decrease sodium content or drop the claim MARKETING IMPACT – SODIUM

  16. FDA is proposing to change the definition of fiber • Certain ingredients will no longer be counted as “fiber” for disclosure purposes on the Nutrition Facts label MARKETING IMPACT – FIBER CONTENT

  17. FDA proposes to give % Daily Values (DV) greater prominence • Will be placed on left side of label MARKETING IMPACT: % DAILY VALUES

  18. Alternate Format • Issued by FDA for comment • Reveals Agency’s true agenda

  19. FDA proposes to require new line on Nutrition Facts for Added Sugar Content • Not related to disease, but rather “nutrient density” • FDA’s own definition of “Healthy” does not consider sugar content MARKETING IMPACT – added sugars disclosure

  20. Will be enforced by huge recordkeeping and inspection requirement • Recordkeeping required even if little sugars are added • FDA inspectors may request formulas and other proprietary information Marketing impact – added sugars disclosure

  21. FDA study on utility of added sugars disclosure is still ongoing; impact on consumers unclear • Consumer confusion is likely to result – Here is why: Marketing impact – added sugars disclosure

  22. Current Proposed

  23. Front of pack “Facts up Front” and Wal-Mart “Good for You” symbol currently in use • FDA considering issuing federal uniform scheme • Not part of this rulemaking, but coming down the road . . . MARKETING IMPACT -FRONT OF PACKAGE NUTRITION LABELING SUMMARIES

  24. Bruce Silverglade • Bsilverglade@ofwlaw.com • 202-518-5316 Questions - Let’s talk

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