Monthly Archives: January 2023

Proposed labeling revision of “Healthy” claim on foods in the US

On September 28, 2022, Food and Drug Administration (FDA) issued a proposed rule to update the definition of the nutrient content claim “healthy”, which was set in 1994. The existing definition has limits for total fat, saturated fat, cholesterol and sodium and to qualify, foods must also provide at least 10% of the Daily Value (DV) for one or more of the following nutrients: vitamin A, vitamin C, calcium, iron, protein and fiber. The FDA accepted public comments until December 28, 2022.

Background of the revision

The latest dietary guidelines in the US have emphasized balanced dietary patterns to consume nutrients rather than focusing on individual nutrients contained in foods. In other words, one of the reasons for this revision is that there is a discrepancy between the current definition of “healthy” and the latest concept of it.
Claims such as “healthy” are an important source of information that allows consumers to select healthier foods at a glance. Currently, more than 80 percent of Americans are estimated to exceed the recommended intake limits for added sugars, saturated fats, and sodium while consuming less in vegetables, fruits, and dairy products. To help consumers improve nutritional and dietary balance and reduce the burden of chronic diseases, the FDA is proposing the changes as a part of an effort to improve health equity in line with current nutritional science and dietary guidelines.

The framework for “healthy”

As a revised proposal, total fat and cholesterol are considered to be removed, and added sugars are to be added among the nutrients covered by the current standards. The proposed definition of “healthy” is based on the revised Nutrition Facts and current nutrition science and Federal dietary guidance, “the Dietary Guidelines for Americans, 2020-2025”, for consumers to maintain healthy dietary practices close to the recommended dietary standards.

Specifically, the proposed definition of “healthy” would require food products contain a certain amount of food from at least one of the food groups or subgroups recommended by “the Dietary Guidelines, 2020-2025” in order to be labeled “healthy”. Limits on added sugars, saturated fat and sodium are set based on Daily Value (DV).

For example, fruits and vegetables, grains, protein, dairy products, etc. must be contained in a certain amount or more, and raw, whole fruits and vegetables automatically qualify for use of the claim.
Also, foods that currently do not meet the “healthy” claim criteria may still meet the requirements under the revised definition. e.g. water, avocados, nuts and seeds, higher fat fish such as salmon, and certain oils In contrast, foods with current “healthy” claims such as white bread, highly sweetened yogurt, and highly sweetened cereal may not meet the proposed definition.

Proposed Criteria for Certain Food Groups and Sample Foods
Per Reference Amount Customarily Consumed (RACC)

Food GroupsFood Group Equivalent MinimumAdded Sugar LimitSodium LimitSaturated Fat Limit
Grains3/4 oz whole-grain equivalent5% DV (2.5 g)10% DV (230 mg)5% DV (1 g)
Dairy3/4 cup equivalent5% DV (2.5 g)10% DV (230 mg)10% DV (2 g)
Vegetable1/2 cup equivalent0% DV (0 g)10% DV (230 mg)5% DV (1 g)
Fruit product1/2 cup equivalent0% DV (0 g)10% DV (230 mg)5% DV (1 g)
Food Groups/Proteins (examples)Food Group Equivalent MinimumAdded Sugar LimitSodium LimitSaturated Fat Limit
Game meat1 ½ oz equivalent0% DV10% DV10% DV
Seafood1 oz equivalent0% DV10% DV10% DV
Nuts and seeds1 oz equivalent0% DV10% DV5% DV*

* Excluding saturated fat derived from nuts and seeds

Food Groups/Oils (examples)Food Group Equivalent MinimumAdded Sugar LimitSodium LimitSaturated Fat Limit
100% OilN/A0% DV0% DV20% of total fat
Oil-based SpreadsN/A0% DV5% DV20% of total fat
Oil-based Dressing*N/A2% DV5% DV20% of total fat

* Must contain at least 30% oil and saturated fat level of the oil must be ≤ 20 percent of total fat

Sample FoodsIndividual foodMixed productMeal
 
Amount of food groups required6-oz yogurt
(1 food group equivalent)*
1/8 cup dried fruit and 1/4 oz nuts
(At least 1/2 food group equivalent each from 2 different food groups)
1 oz salmon, 1/2 cup green beans, 3/4 oz brown rice
(At least 1 food group equivalent each from 3 different food groups)
Nutrients to Limit (no more than)**2 g saturated fat
230 mg sodium
2.5 g added sugar
1 g saturated fat***
230 mg sodium
0 g added sugar
4 g saturated fat
690 mg sodium
2.5 g added sugar

* A food group equivalent is the amount of a food group required
** Amounts based on percentage of the Daily Value for that nutrient
*** Saturated fat from nuts/seeds does not contribute to limit

“Healthy” symbol

Other than the above, the FDA has begun to conduct research on a symbol that industry can voluntarily use to label food products that meet the proposed “healthy” definition. Symbols may be particularly helpful for those with lower nutrition knowledge to identify foods that can be the foundation of a healthy eating pattern. The results of the surveys were published twice in May 2021 and March 2022 through notices in the Federal Register.
Public comments on this issue are expected to be solicited, so keep an eye on the future move on the revision.

[the draft “healthy” symbols]

References


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We verify the conformity of ingredients and additives with the standards for use in Japan based on specifications such as formulation lists. We also verify the conformity of the proposed labeling of ingredient names, nutrients, etc. with the labeling standards based on specifications such as formulation lists.

Japan’s System for the Operation of Geographical Indication Protection reviewed

The Geographical Indication (GI) Protection System is a system to protect names of products with properties such as quality and social reputation, and so on that have been nurtured by natural, human, and social factors and environments unique to the region as regional intellectual property. The system has already been introduced in more than 100 countries around the world, and was introduced in Japan in 2015.

What is GI?

Taking the Ichida persimmon (One of the famous varieties in Japan) as an example, the relationship between “product (place of production and properties)” and labeling is as follows.

Product GI
Place of production Properties

-Only “Ichida persimmon” originated in Takamori-cho, Shimoina-gun (former Ichida-mura) is used.
-The large temperature difference between day and night produces persimmons with high sugar content.
-River fog from late fall to early winter in that area brings excellent temperature and humidity conditions for the production of dried persimmons.
-Slow drying, firm kneading

-“Ichida persimmon” has especially high sugar content.
-Glutinous texture
-Beautiful amber color
-Small in size, easy to eat
-White powder that gives the surface fine smoothness as if it were makeup

Ichida Persimmon

GI is a registration given to a producer organization for a product and used by its members. The registration details are described in the specification and producer organizations provide their members with the guidance to comply with the production method. One of the features of the system is that the administration will crack down on any illicit use of the GI labeling.

For any illicit labeling found, such as “TROPICAL KOBE BEEF” for the beef from South America on the restaurant’s menu in Spain, “Wagyu ‘Kobe-Style'” labeling for wagyu beef from New Zealand in a supermarket in Germany and so on, EU authorities will be requested to take appropriate measures against such labeling that will be removed by the guidance by the authorities under the framework of mutual protection system with European countries.
The Japanese GI system has focused on ensuring superior quality control to other products, stricter control over the manufacturing process than other products and the strengthening of product brands through the exclusion of imitation products. However, as a result of the gradual tightening of such control operations, GI labeling has been disproportionately implemented on the products mainly from local farms or traditional vegetables with smaller crops and so on, that are organized by region because they are easily differentiated in their quality over other standard products.

Outline on review of the operation

The operation of the GI system has been under review since November 1, 2022. The aim is to further encourage export of products by widening the scope of registration to include not only traditional regional vegetables but also processed products and products for overseas.

The outline of the revision is as follows.

1. Review of evaluation criteria

-Even without differentiated quality, promoting judgement based on the evaluation of the unique and varied properties of the product, such as quality, production method, reputation, and story, which have been nurtured in the natural, human, and social factors and environment of the region
-Flexible judgment about whether or not to register products considering other rules such as the name recognition even without 25 years or more of production experience as required in the current registration rule

2. Review of procedures before and after the registration

-As for genuine GI products which do not harm the interests of consumers who purchase the products, enable continuous use of registered names even with a new name added which divides the original form of registered names (e.g. “Kasumigaseki XX Apple” for the registered name, “Kasumigaseki Apple”) so that such unification with the new name would never hamper the consensus formation on the application
-Promote simplification for compliance items to be followed by producers. As for production process control operations, shift to a method of checking production procedures and systems, rather than final products, by abolishing the annual performance report

3. Expand exposure in the GI market

-Clarify the rules for using the GI mark on GI processed products
-Propel the development and promotion of collaborative products and services with other industries, such as food service, food, and tourism, by utilizing the GI mark effectively

In the GI system in Europe, where processed products account for the majority and many products are also exported, products are valued not for their superiority to other products, but for their unique attractiveness and strengths linked to the region. The review for the Japanese system is aimed at expanding the use of this system by pursuing more simplified procedures, while reviewing the evaluation criteria with reference to such overseas systems.

The labeling and the future of GI products

This operational review will not have a significant impact on food labeling practices themselves. The same points to note regarding Japanese registered GI (122 products**) and foreign GI* (112 products**) protected in Japan remain unchanged.

(* Refer to “Geographical Indication” →”Information on designated GIs” (MAFF’s website) e.g.: Grana Padano (natural cheese)) ** as of Dec.9,2022Taking a look at the revision of the GI system will be useful especially for those who export food products from Japan to overseas. EU is also considering a revision of the GI labeling system to include “sustainability” as a requirement for GI labeling. It would be good to confirm this together with these current trends.

References


Newsletter Signup

We issue monthly e-newsletters, which provide you with the latest updates on food labeling/regulations in Japan.
If you want to make sure to not miss any issue, please click below.

Related Service

Research Services on Ingredients & Food Labeling -For the Japanese Market-
We verify the conformity of ingredients and additives with the standards for use in Japan based on specifications such as formulation lists. We also verify the conformity of the proposed labeling of ingredient names, nutrients, etc. with the labeling standards based on specifications such as formulation lists.