US Food Label/Advertisement Information Review

Accurate and compliant food labeling is crucial for ensuring legal sales within the US., as labels pose a significant technical trade barrier for food exports to the United States. Food labels encompass all text, graphics, symbols, or other descriptive materials on or accompanying food packaging, serving as one of the most vital and direct means of conveying information to consumers. With improving standards of living, shifts in dietary patterns, and advancements in nutritional science, regulatory requirements for food labeling continually develop and adapt.

US food labeling regulatory authorities

• Food and Drug Administration (FDA)
• Federal Trade Commission (FTC)
• Food Safety Inspection Service (FSIS): Meat, poultry, and egg products
• Alcohol and Tobacco Tax and Trade Bureau (TTB): Alcoholic products

US Food labeling regulations

• 21 CFR PART 101
• Federal Food, Drug, and Cosmetic Act (FDCA)
• Fair Packaging and Labeling Act (FPLA)
• Nutrition Labeling and Education Act (NLEA)
• Dietary Supplement Health and Education Act (DSHEA)
• Food Allergen Labeling and Consumer Protection Act (FALCPA)

All new regulations are published in the Federal Register (FR) prior to their effective date and compiled annually in Title 21 of the Code of Federal Regulations (CFR).

Labeling requirements

The FDA provides comprehensive guidelines for the mandatory labeling of pre-packaged foods, specifying details on how information should be displayed and formatted, down to the fonts and placement. These regulations are tailored to various food types, such as infant foods, acidified foods, and frozen foods. Moreover, the FDA has developed distinct labeling rules for dietary supplements.

Mandatory labels can be divided into general labels and nutrition facts labels.

General labeling must include the following information:

• Statement of identity: The food name correctly displayed on the principal display panel (PDP);
• Net quantity of contents: The net quantity statement (net quantity of contents) is placed as a distinct item in the PDP. Food labels printed must show the net contents in both metric (grams, kilograms, milliliters, liters) and U.S. Customary System (ounces,pounds, fluid ounces) terms;
• Ingredient list: The listing of each ingredient;
• Allergen information;
• The name and address of the manufacturer, packer, or distributor; and
• Country of origin (for imported foods),

Nutrition facts label:

The nutrition facts label must be presented as “Nutrition Facts” on the display panel (“Supplement Facts” for dietary supplements). Information on the nutrition facts label may vary by product, but it must include the serving size and servings per container, calories, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, dietary fiber, total sugars, added sugars, protein, and the actual content and % Daily Value of certain vitamins and minerals.

Claims

Among the claims that can be used on food and dietary supplement labels are three categories of claims that are defined by statute and/or FDA regulations.

• Nutrient content claims;
• Health claims (NLEA authorized health claims, authority-based health claims, qualified health claims); and
• Structure/function claims.

Every statement of benefit about a product could be considered a claim. If a claim does not meet FDA standards or is deemed deceptive, false, or misleading in any way, the FDA may take appropriate enforcement actions.

Our services

• Conventional food ingredient and label review
• Dietary supplement ingredient and label review
• Advertisement review
• E-commerce (e.g. Amazon) detail page review

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