FDA to Lower Standards for
Health Claims on Foods

Statement of CSPI Legal
Affairs Director Bruce Silverglade
The Food and Drug Administration is poised to lower
the standards for making health claims on foods.
Manufacturers will be able to make claims about the
health benefits of their products based on preliminary
scientific evidence that may not stand the test of time.
This action represents the biggest rollback in
food-labeling standards in 20 years.
Consumers don’t want the federal government to
authorize ‘wishy-washy’ health advice by food companies.
The new FDA policy is akin to allowing drug companies to
make claims even if their products haven’t been proven
effective.
The FDA’s grading system for health claims is
untested and shouldn’t be used until the agency has
completed consumer behavior research that shows that
consumers will not be misled. The FDA is putting the
cart before the horse by allowing companies to make
preliminary claims with disclaimers before it knows
whether consumers will be deceived by the messages.
Food companies have been clamoring for weaker
regulation for a decade. The Bush FDA is finally giving
them what they want, notwithstanding the requirement
that claims be accompanied by vague qualifying
statements. But many food companies are simply intent on
using the First Amendment as a license to practice
quackery.
We are also concerned that the FDA’s new procedures
for authorizing health claims does not meet the
requirements of the law because the agency is ignoring
the formal approval process mandated by Congress.
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