Heather Bedard, C.H.E.
The FDA’s function, as it is known today, was created in 1906 to enforce The Pure Food and Drug Act of 1906, and was an effort to establish more truth in labeling. Companies were mislabeling and misbranding drugs, which was more of a concern at the time than food products, although this was happening in that industry too. It was this Act that began the long, arduous process of the nutrition facts label as we know it today. You will see as we go on that there has been a long history of food safety issues in America.
Following the Pure Food and Drug Act of 1906, in 1913 the Gould Net Weight Amendment established guidelines for manufactures stating that the weight must be labeled and the product must contain that weight per package.
As chemical companies turned their focus from the World Wars to keeping their businesses afloat, they turned their attention to the food supply. Chemical and coloring preservatives became an issue, which was addressed through the 1938 Food, Drug and Cosmetic Act. Closely following that in 1940, the standards for enrichment was implemented to regulate the addition of vitamin and minerals to food products. It seems that corruption and deception is nothing new in the food industry! Then in 1973, the FDA published the first regulations that required the nutrition labeling of certain foods. The Nutrition and Education Act of 1990, under President George Bush, Sr., mandated this label for most food products. It’s purpose was to, "to assist consumers in selecting a healthful diet." This labeling requirement was to be completed by May 8, 1994.
In 1997, The Presidential Award for Design Excellence was awarded to Burkey Belser and Jerold Mande for their design of the nutrition facts label.
Fast forward to today, a full 43 years after the first regulations in 1973, the nutrition facts label was updated in 2016. The FDA states that this label is to "make it easier for consumers to make informed choices about what they're eating." That begs the question, have we been misinformed by the past label? Skyrocketing disease and obesity seems to say, “yes”. Manufacturers were given until January 1, 2020 to comply (or January 1, 2021 for those making less than $10 million dollars in annual food sales).
In the new label, the FDA increased and decreased the need for varying vitamins and minerals, which I don’t think is helpful to go over specifically for the purposes of this article. However, I do want to mention that for the vitamins that were increasing, they said it was because of the need for more of the vitamins due to the amount of disease and overall health issues. But here’s my concern when you look at the %DV. Why are we raising the amounts of the vitamins and minerals people need now, to combat the diseases that are skyrocketing, rather than get to the root why these diseases are happening in the first place. Why don’t we address dietary patterns rather than fit people with a one size fits all for vitamins and minerals? I know I’ve said this so many times, but if you follow a whole food, plant-based eating pattern, low on processed products and animal foods, you won’t need to worry about the %DV so much.
Let’s take a look at the way the label is designed:
The Daily Value, is the highest recommended amount of that nutrient that you should consume each day. This is based off of a 2,000 calorie diet. Keep in mind that your personal recommended amount may be higher or lower than this. The Percent Daily Values (%DVs) tells you the percent of the nutrient provided by a single serving of the product. This is in relation to the daily requirement.
The Nutrition Facts label must list total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrate, dietary fiber, total sugars, added sugars, protein, and certain vitamins and minerals. The actual amount and %DV of vitamin D, calcium, iron, and potassium must be listed as required. Other vitamins and minerals may be listed voluntarily by the manufacturer.
If a food has any vitamins and minerals ADDED they have to include that on the label. They also must include them if a statement is made on the packaging about how much is contained in the product or any health effects of that vitamin or mineral in the product. However, they are required to list any vitamins and minerals that are added to the food or if a statement is made on the package labeling about their health effects or the amount contained in the food. For example, statements like "high" or "low". A 5% DV, or less, of a nutrient, per serving, is considered low. 20% DV, or more, of a nutrient, per serving, is considered high.
There is one very, very important thing to remember, and should be the FIRST thing you look at on a nutrition fact label – even over the calorie content – and that is the serving size. This is one of the ways that manufacturers can manipulate %DV and calorie content. By law, serving sizes must be based on the amount of food people typically consume, rather than how much they should consume.[1]
For example, the manufacturer may place multiple “serving sizes” in the container to keep the %DV lower of the components they know that you don’t want. These serving sizes are often smaller than the normal person would consume, If you’re not careful, you can double the calories and nutrient percentages you are consuming.
There are other things they can do while staying within the rules. Let’s take coffee creamers for example. Many of them may contain 30-40% fat. But, what they do is define the serving size as a teaspoon, manufacturers round the fat to zero, and you are left with practically black coffee and way more fat than you intended.
Another example would be trans-fat. If the label says 0g of trans-fat, still check the ingredient list because it may be labeled there as hydrogenated or partially hydrogenated oil. That tells you that the food does contain trans-fat, but that serving size has less than 0.5g. If you eat more than that, you may be eating a lot more trans-fat than you intended
Here are some interesting facts about the Nutrition Facts Label:
Foods with less than five calories meet the definition of “calorie free”
If fat is present at a level below 0.5 g, the level of fat is expressed as 0 g
The term serving or serving size means an amount of food customarily consumed per eating occasion by persons 4 years of age or older. [2]
Manufacturers determine the accuracy of the nutrient contents of their own product(s). [3]
The FDA does not check for the accuracy of product labeling (but will occasionally collect “surveillance” samples to monitor the accuracy of nutrition information)
The FDA does not maintain a database of nutrition information, but instead reviews and accepts industry databases
Sulfites are considered incidental ingredients and need not be listed among the label’s ingredients
Allergens other than the eight major food allergens are not subject to FALCPA (Food Allergen Labeling and Consumer Protection Act) labeling requirements. The eight major food allergens as defined by the FALCPA are: milk, eggs, fish, shellfish, tree nuts, wheat, peanuts and soybeans.
Now that we are so much more in-the-know, let’s talk about what this practically means for your day-to-day decisions. Keep your food pyramid in mind at all times. Packaged products are typically very high sugar, fat, and/or protein. These are considered treats and should be consumed 1x or less a week in my opinion. Most cereals are processed and contain high amounts of sugar and fortification. Keep this intake to 4 or less times a week. Save these things for special occasions. This goes for juices and alcoholic beverages as well. Your whole foods aren’t going to have nutrition facts. This is your safer bet. Keep your pyramid in mind as you eat these. Then you won’t need to deal with the %DV and manipulated ingredient lists.
If you need to make that emergency, split-second decision at the store, look at:
Serving size
Calories
Trans fat
Sugar
Then, jump to ingredient list and look for trans-fat and sugar. This will keep you out of the danger zone to some extent.
So those are the facts on nutrition facts. I hope you have found it enlightening.
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[1] https://www.fda.gov/food/new-nutrition-facts-label/serving-size-new-nutrition-facts-label
[2] https://www.fda.gov/food/new-nutrition-facts-label/serving-size-updates-new-nutrition-facts-label
[3] L. Urban, G. Dallal, L. Robinson, L. Ausman, E. Saltzman, S. Roberts. The Accuracy of Stated Energy Contents of Reduced-Energy, Commercially Prepared Foods. Journal of the American Dietetic Association, 2010; 110 (1): 116 DOI: 10.1016/j.jada.2009.10.003