FDA Announces Consumer Study on “Healthy” Claims | Ervin Cohen and Jessup LLP

On May 6, 2021, the FDA released a notice of procedure on preliminary quantitative consumer research it plans to conduct on symbols that could be used in the future to convey the “healthy” nutrient content claim.

This research is part of the FDA Nutrition innovation strategy, which aims to reduce the burden of chronic disease related to nutrition and modernize claims. By using a symbol for a nutritional claim, the goal would be for consumers to have a quick signal about the benefits that a food or drink they choose could have.

As part of its public health promotion efforts, the FDA is proposing to conduct three consecutive quantitative research studies – one experimental study and two surveys – to explore consumer responses to the proposed front-of-package symbols ( “FOP”) that manufacturers could voluntarily use on a food product as a graphic representation of the “healthy” nutrient content claim.

The FDA invites the public to comment on the following questions: “(1) whether the proposed information collection is necessary for the proper performance of the FDA’s functions, including whether the information will be of practical use; (2) the accuracy of FDA’s estimate of the proposed information collection burden, including the validity of the methodology and assumptions used; (3) ways to improve the quality, usefulness and clarity of the information to be collected; and (4) ways to minimize the burden of collecting respondent information, including through the use of automated collection techniques, where appropriate, and other forms of information technology. »Comments can be submitted here.

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