The low carbohydrate diet craze has hit the United States, and consumers are scrambling to buy "low carb" food products. The food industry has asked the Food and Drug Administration (FDA), which regulates food, drugs, medical devices, and cosmetics, to clarify what carbohydrate claims can be made on food labels.
Food Labeling Regulations and Health Claims
The FDA has adopted food labeling regulations, as mandated by the Nutrition Labeling and Education Act of 1990. The regulations, which were finalized in 1993, allow certain health claims on foods. For example, a food manufacturer can make a label claim that sodium has been associated with an increased risk of high blood pressure or that dietary fat is linked to an increased risk of cancer.
Carbohydrate Claims are Nutrient Content Claims
As noted above, the FDA regulates food labeling (including both health claims and nutrient claims). The FDA has concluded that carbohydrate claims like "low carb," "reduced carb," or "carb free" are nutrient content claims because they refer to the amount of carbohydrate (a nutrient) in a particular food. The current FDA regulations cover some nutrient content claims, and specify the amount of certain nutrients in foods. For example, the current regulations define what it means if a food is "low fat" or sugar free" or "low cholesterol." However, the regulations do not currently define the amount of carbohydrate in foods. Consequently, new regulations need to be adopted that will define such terms as "low carbohydrate," "reduced carbohydrate," "carbohydrate lite" and "carbohydrate free." The FDA will also give manufacturers guidance on using the phrase "net carbs."
FDA Warns Manufacturers to Stop Using Carbohydrate Content Labeling Claims
Because the FDA does not currently have any regulations authorizing nutrient content claims for total carbohydrates in foods, manufacturers are not permitted to use phrases such as "low carbohydrate," "reduced carbohydrate" and "carbohydrate free" on their labels. The FDA has been sending warning letters to food manufacturers who are including such claims in their labeling. The FDA has also cited manufacturers who do not include glycerin, polydextrose and sugar alcohols in the total carbohydrate declaration. The failure to include these items violates the existing nutrition labeling requirements.
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