Monthly Archives: February 2014

FDA Proposes Updates to Nutrition Facts Label

As anticipated, the FDA has announced its proposed updates to the Nutrition Facts label for food packages.

Proposed                             Current

Proposed-NF

Current-NF

Proposed changes include:

  • Including “added sugars” on the label to help consumers know how much sugar has been added to the product.
  • Updating serving size requirements to reflect the amounts people currently eat.
  • Adding “dual column” labels to indicate both “per serving” and “per package” calorie and nutrition information for larger packages that could be consumed in one sitting or multiple sittings.
  • Requiring the declaration of potassium and vitamin D.
  • Revising the Daily Values for a variety of nutrients such as sodium, dietary fiber and Vitamin D.
  • Removing total “Calories from Fat” but continue to require information on “Total Fat,” “Saturated Fat,” and “TransFat.”
  • Refreshing format to emphasize certain elements, such as calories, serving sizes and Percent Daily Value.

None of these proposals were unexpected.  The FDA will accept public comment on the proposal for 90 days.

Trader Joe’s Settles “All Natural” Lawsuit for $3.4 Million

A federal judge has preliminarily approved a settlement in a class-action lawsuit in which Trader Joe’s was accused of falsely advertising certain cookies, cinnamon roles, “fresh pressed” apple juice and other products as “all-natural” when they contained ascorbic acid, potassium carbonate in the form of cocoa processed with alkali, vegetable mono and diglycerides, xanthan gum, and/or sodium acid pyrophosphate, all of which plaintiffs alleged are synthetic.

Notably, plaintiffs cited the following statement in their Complaint that had been on the FAQ section of the Trader Joe’s website.

If you see Trader Joe’s on a label, then you can know that the product contains NO artificial flavors, colors or preservatives; NO genetically modified ingredients; NO MSG; and NO added Trans Fats. What does it contain?  Quality

Under the proposed settlement, Trader Joe’s will establish a settlement fund of $3.375 million from which class member may receive payment for the average price of the purchased goods.  Trade Joe’s has also agreed to stop advertising the products as “all-natural.”