1. Lessons from the Nutritional Labeling of Packaged Foods (a U.S. perspective). James Alan Cook Palo Alto, CA

2. The Food and Drug Administration Part of the U.S. Department of Health and Human Services Responsible for ensuring that foods are safe, wholesome and properly labeled Administers the Federal Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act FDA’s laws and regulations are applicable to foods produced in the U.S., as well as foods produced in foreign countries that are imported into the U.S.

3. The Nutrition Labeling and Education Act (the “NLEA”) 8 Nov. 1990 Three primary purposes: To help consumers make healthier food choices To protect consumers from inaccurate or misleading health-related claims To encourage food manufacturers to improve the nutritional quality of their products

4. NLEA Requirements for Labeling of Pre-Packaged Foods NLEA requires that packaged foods must contain: Common name of the product Name and address of manufacturer Common name of the product Description of product’s contents List of ingredients Nutrition Facts label

5. Additional Provisions of the NLEA Required food manufacturers to disclose the fat (saturated and unsaturated), cholesterol, sodium, sugar, fiber, protein and carbohydrate content in nearly all packaged foods Required the FDA to establish standards and definitions for food descriptors such as “low,” “lean”, “lite,” reduced fat,” “high-fiber,” etc. Established standards for allowing the display of “health” claims (i.e., claims about disease risk reduction) to appear on processed foods; but not “drug” claims Health Claim: “Diets low in sodium may reduce he risk of high blood pressure.” Drug Claim: “Our product is loaded with nature’s best cold fighting ingredients.”

6. FDA Tests Lot Samples to Confirm Compliance with NLEA Regulations Class I Nutrients – such as vitamins, minerals, protein, dietary fiber, or potassium that are added to “fortified” or “fabricated” foods Must >100% of value declared on Nutrition Facts label Class II Nutrients – such as vitamins, minerals, protein, carbohydrates, dietary fiber, poly-unsaturated and mono- unsaturated fat, or potassium that occur naturally Must >80% of value declared on Nutrition Facts label Class III Nutrients – include calories, sugars, total fat, saturated fat, cholesterol and sodium Must <120% of value declared on Nutrition Facts label

7. Nutrition Facts Label

9. Front-of-Box Nutrition Logos

10. The Food Guide Pyramid U.S. Dept. of Agriculture

11. The Healthy Eating Pyramid © 2008 Harvard University

12. Center for Science in the Public Interest filed petition with FDA 30 Nov. 2006 -- CSPI requested that FDA develop a national set of nutrition symbols to help consumers identify healthier foods CSPI argued that the non-standardized rating schemes that food manufacturers are displaying on the front of their packaging materials create confusion and/or deception for consumers 10 Sept. 2007 – FDA invited interested parties to comment on the perceived benefits and disadvantages of front-of-the-box nutrition labels FDA hearing is still in process (as of Feb. 2009)

13. Educational Programs Regarding Nutrition Facts Labeling The FDA, with the U.S. Dept. of Agriculture’s Food and Nutrition Service, developed the “Power of Choice” after-school program Teaches adolescents to understand and how to use the Nutrition Facts labels Learn about better nutrition by hands-on activities The FDA’s “Spot The Block” Program Aimed at ‘Tweens (ages 10-12) Partnered with Time Warner’s Cartoon Network Teaches pre-adolescents how to use Nutrition Facts labels to make healthy food choices

14. Current State of U.S. Food Labeling FDA remains in fact-finding mode regarding the establishment of a standardized, national set of front-of-the-box nutritional iconic images U.S. food manufacturers and trade associations want front-of-the-box icons/logos to continue to be subject only to the FDA’s existing laws and regulations Consumers continue to rely upon, and to be confused by, front-of-the-box icons/logos

15. Conclusions There are notable similarities regarding the current state of nutritional labeling in the U.S. and the challenges we face in developing an appropriate system for labeling on-line content There are existing laws and regulations that govern both food labeling and the labeling/rating of video games (whether on-line and/or as stand-alone products) There is an understanding that both situations could be better and need to evolve in order to provide better information and protection for consumers There is disagreement as to whether food manufacturers (similar to game publishers) or governmental agencies (similar to existing ratings boards) should have primary responsibility for developing and implementing change

16. Conclusions (cont’d.) In both situations, the market has evolved and new rules need to be developed, clearly articulated and then communicated to the public and the relevant industry in order to provide better protection for their respective interests; education is key to the success of new models I want to thank LfM for inviting me to attend this 18 th Transatlantic Dialog. I appreciate LfM’s leadership role and understanding that new ideas and an inter-disciplinary approach are required to resolve the apparent issues concerning the labeling of on-line content I believe that LfM is uniquely positioned to coordinate the development of a comprehensive framework for the labeling of on-line content and related activities; one that is sufficiently flexible to accommodate widely differing social perspectives and emerging technologies