DeLauro Calls for FDA Investigation into “Smart Choices” Labeling

Urges Reclassification of Froot Loops, Other Sugary Cereals

Washington, DC – Congresswoman Rosa L. DeLauro (D-CT) today sent a letter to Commissioner Margaret Hamburg of the Food and Drug Administration (FDA) urging the FDA to investigate the “Smart Choices” nutrition labeling program.

“If Froot Loops and other highly sugary cereals can be considered ‘Smart Choices’ for children’s nutrition,” said Congresswoman DeLauro, “then it is clear that the designation is not particularly useful for American families in trying to seek out and maintain a healthy diet. I strongly urge the FDA to investigate whether products that bear the ‘Smart Choices’ program are considered misbranded, so that consumers can know that the foods so designated are in fact healthy options for America’s children.”

The full text of the letter is as follows:

September 21, 2009

Margaret Hamburg, M.D.

Commissioner

U.S. Food and Drug Administration

Department of Health and Human Services

Dear Dr. Hamburg:

I am very concerned that the Smart Choices program, a proprietary front-of-pack (FOP) nutrition labeling system, is using criteria that are not stringent enough to protect consumers from misleading claims and that are inconsistent with the Dietary Guidelines for Americans. I strongly urge the Food and Drug Administration (FDA) to investigate whether products that bear, or in the future may bear, the Smart Choice labels are misbranded.

It was astounding to see recent reports that Froot Loops cereal qualified for the Smart Choices label, implying that it is a healthy food. It has been equally disturbing to see and hear advertisements for Froot Loops promoting the Smart Choices label and claiming explicitly that the cereal is a healthy food option for children. In reviewing its criteria, I was alarmed to discover that breakfast cereals may contain up to 40 percent refined sugar, or 12 grams per one-ounce serving, to qualify for the Smart Choices label. This amount of sugar in cereal should not be considered a healthy option for children.

The Smart Choices program criteria also do not require that approved grain products contain any whole grains. As you know, this also is inconsistent with the Dietary Guidelines, which emphasizes the value of whole grains and indicates that at least 50 percent of grains in the diet should be whole grains. In addition, Smart Choices’ nutrient criteria may be met through fortification, thereby allowing companies to get the label icon onto non-nutritious products simply by adding inexpensive nutrients.

The FDA already is monitoring the Smart Choices program, and I commend the FDA and the U.S. Department of Agriculture (USDA) for sending a letter to the Smart Choices program expressing concern about the criteria it uses to bestow their label on products. I applaud this collaboration and strongly urge the FDA to continue working with USDA on this issue. I also urge both agencies to work with the Institutes of Medicine (IOM) on identifying, through consumer-behavior research, the most effective front-of-pack nutrition labeling approach for empowering consumers to choose healthier foods.

It is imperative that the FDA remain vigilant in not only monitoring the Smart Choices program, but other FOP nutrition labeling programs as well. The agency also should not hesitate to take corrective action when a food product is mislabeled.

I look forward to working with you on this issue. Please let me know if you have any questions.

Sincerely,

ROSA L. DeLAURO

Chairwoman

House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies