Agency Information Collection Activities; Proposed Collection; Comment Request; Quantitative Research on Front of Package Labeling on Packaged Foods

The American Frozen Food Institute (AFFI) appreciates the opportunity to comment on the Food and Drug Administration's (FDA's) request for comment on proposed quantitative research on front of package labeling on packaged foods. From manufacturers to distributors to suppliers to packagers, AFFI is proud to represent publicly traded and family-owned companies who help produce frozen foods and beverages for today's food service and retail marketplace and serve as economic pillars within their communities throughout the U.S. The frozen food industry contributes approximately $65.1 billion to U.S. GDP and accounts for 670,000 U.S. jobs. In addition to our members' strong role in economic growth, AFFI members share a commitment to food safety and transparently communicating information about the nutritional profile of the foods they produce and sell. AFFI has a significant interest in the agency's work in investigating a standardized front-of-pack nutrition labeling (FOPNL) scheme. In the comments that follow we provide our perspective on three key issues raised by the FDA's notice: 1. FOPNL schemes to be tested: The utility of the research will depend in large part on the schemes to be tested. Many of the proposed schemes tested in the original focus groups are overly simplistic and reduce a food to a single "negative" nutrient, or perhaps three such nutrients, rather than recognizing its overall contribution to the diet and its positive nutrient and food group content. AFFI recommends that FDA carefully evaluate the schemes to be tested, and include a scheme based on the existing voluntary industry Facts Up Front program, as well as one or more positive approaches, such as "stars" systems that award a food one or more stars/checks depending on its nutrient content. 2. Study design: FDA has not published sufficient detail to facilitate meaningful comment on whether the research is likely to be useful or whether the burden is accurately estimated. When designing the research, FDA should (a) test a range of nutrient profiles within each product category; (b) ensure mock labels are realistic and do not inadvertently introduce bias; and (c) fully assess consumer perceptions of the product and purchase intent, such as whether participants perceive they should consume a product in moderation as opposed to never. FDA should also recognize the significant limitations of the research, which will not assess actual consumer behavior or other key contextual factors like how consumers will respond to foods with differing (or similar) FOP symbols within a category. 3. FDA's legal authority: We understand the planned consumer research is only a first step in exploring FOPNL schemes and that FDA has not stated whether any standardized scheme it might adopt would be mandatory or voluntary. Before moving forward with a proposed mandatory approach, we urge FDA to carefully assess whether Congress has given the agency the legal authority to enact a mandatory FOPNL scheme of the type FDA plans to test with consumers. We also encourage FDA to consider potential legal challenges and the likelihood that such a mandatory FOPNL scheme could withstand these challenges. Our more detailed comments are contained in the attached document.