The FDA is Growing Some Teeth, Finally

I've written before about misleading labels on food products, from the "Smart Choice" checkmark on Fruit Loops cereal (41% sugar) to Kellogg's agreement in December of last year to remove "now supports your child's IMMUNITY" labels on Rice Krispies.

This stuff makes me CRAZY. And it makes me wonder, as many of you no doubt do too, how the FDA, which is, after all, responsible for regulating food labeling, lets companies get away with such nonsense.

Well, the FDA seems finally to be growing teeth. Little ones, to be sure, but teeth nonetheless.

Yesterday, as reported by the New York Times, the Wall Street Journal, and many others, the FDA sent warning letters to 17 food manufacturers regarding their labels. For example, the agency objected to Dreyer's label for "Dibs Bite Sized Ice Cream Snacks Vanilla Ice Cream with Nestle Crunch Coating" which trumpets its "no trans fat" recipe ... but neglects to point out that it has "significant" amounts of saturated fat and total fat. In fact, the fine print of the Dibs label shows that one serving has 20 grams of saturated fat, 99% of the suggested daily value.

Similarly, Diamond Food was cited for claiming in its "California Shelled Walnuts" packaging that walnuts can "treat, prevent, or cure diseases such as heart disease, arthritis and cancer." (Click here for the FDA's chart of all firms, products, and product claims that were involved, and here for the FDA's accompanying press release.)

The warning letters give companies 15 business days to inform the FDA of the steps they plan to take to bring their labels in line with agency regulations.

Why the action now? Agency commissioner Dr. Margaret Hamburg has made nutrition labeling a priority, but the timing is no doubt related to a new report issued by the Center for Science in the Public Interest, which has been urging the FDA to crack down on "false and misleading food labeling" for some time, and just released a comprehensive report on what the center terms "Food Labeling Chaos" (full report here; accompanying letter to Dr. Hamburg here)

According to the Times' William Neuman, food manufacturers seem to be surprised:

A spokesperson for POM (cited by the FDA for making claims that its POM pomegranate juice "will treat, prevent, or cure diseases such as hypertension, diabetes, and cancer") said that "'all statements made in connection with POM products are true' and supported by scientific research."

The POM response also said that the company, "as strong advocates of honest labeling and fair advertising" is "looking forward to working with the agency to resolve this matter."

Doesn't that sound like Casablanca's Captain Renault being "shocked, shocked to find that gambling is going on here" (as he's being handed his winnings)?