NMPF Flags Bad FDA Labeling Rules to HHS

NMPF filed comments July 11 opposing FDA’s proposed Front-of-Pack labeling rule as well as two proposed plant-based labeling guidance documents published in response to a Department of Health and Human Services request for information.

In its comments to HHS, NMPF states that FDA’s Front-of-Pack nutrition labeling scheme is a highly flawed, unlawful approach to educating consumers about food nutritional profiles. The proposed rule violates the First Amendment’s prohibition on certain compelled commercial speech by focusing solely on saturated fat, sugar and sodium while ignoring the fact that dairy is a good or excellent source of 13 essential nutrients, NMPF states. The First Amendment requires compelled commercial speech to be factual, uncontroversial and related to a substantial government interest. NMPF has repeatedly pointed out to FDA that the proposed Front-of-Pack nutrition labeling fails to meet these legal requirements and therefore the proposed rule must be revoked.