FDA Front-of-Package Labeling: Empowering Healthier Choices

Trade and Customs Updates

FDA Publishes Notice on Front-of-Package Labeling

On June 14, 2023, the US Food and Drug Administration (FDA) issued a 30-day procedural notice on its plans to conduct a study entitled Quantitative Research on Front of Package Labeling on Packaged Foods. The study is a follow-up to focus groups conducted in 2022 to explore consumer responses to

various front-of-package labeling schemes. As part of the Paperwork Reduction Act, federal agencies are required to publish a notice in the Federal Register on each proposed information collection to allow the public to comment.

The FDA is conducting this consumer research to help explore the development of a front-of-package labeling scheme, which is part of the National Strategy on Hunger, Nutrition, and Health, issued as part of the White House Conference held in September 2022 focused on ending hunger and reducing diet-related disease. Front-of-package labeling is intended to complement the Nutrition Facts label on packaged foods by giving consumers additional context to help them identify healthier food selections.

A standardized, science-based scheme could help consumers, particularly those with less nutrition knowledge, quickly and easily identify foods that can help them build healthy eating patterns. The experiences of countries worldwide that have adopted front-of-package labeling suggest that such labeling may help nutrition comprehension and the ability to make healthier choices.

The US continues to face an epidemic of diet-related chronic diseases, many of which are experienced disproportionately by racial and ethnic minority groups, those with lower socioeconomic status, and those living in rural areas. To help address this, the FDA is continuing to prioritize its nutrition activities to help empower consumers with nutrition information to identify healthier choices easier. The consumer research the FDA is announcing today is intended to inform our work in this vital area.

The comment period opens June 15, 2023. Comments on the notice are due to OMB by July 17, 2023. To find this information collection, visit Docket No. FDA-2023-N-0155 on Regulations.gov, select “Currently Under Review – Open for Public Comments” or use the search function. See the Federal Register Notice for additional information on commenting.

EPA proposing prohibiting perchloroethylene (PCE)

In a Federal Register notice published June 16, 2023, the Environmental Protection Agency (EPA) is proposing to address the unreasonable risk of injury to human health presented by perchloroethylene (PCE) under the Toxic Substance Control Act (TSCA).

PCE is a widely used solvent in various occupational and consumer applications, including fluorinated compound production, petroleum manufacturing, dry cleaning, and aerosol degreasing. EPA determined that PCE presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to PCE, including neurotoxicity effects from acute and chronic inhalation exposures, dermal exposures, and cancer from chronic inhalation exposures to PCE.

EPA is proposing to prohibit most industrial and commercial uses of PCE; the manufacture (including import), processing, and distribution in commerce of PCE for the prohibited industrial and commercial uses; the manufacture (including import), processing, and distribution in commerce of PCE for all consumer use; and the manufacture (including import), processing, distribution in commerce, and use of PCE in dry cleaning and related spot cleaning through a 10-year phaseout.

The EPA is accepting comments on this proposal to amend 40 CFR Part 751 by adding Subpart G – Perchloroethylene (40 CFR Parts 751.601 through 751.615). Comments must be received on or before August 15, 2023.