manufacturer of Fruity Pebbles, Froot Loops, Lucky Charms, and other popular cereal brands are lobbying hard against a new Food and Drug Administration proposal to ban the labeling of their products as “healthy.” increase.
The proposed FDA rule would require foods labeled healthy to contain major food groups such as dairy, fruit, or whole grains, and impose certain limits on saturated fat, sodium, and added sugars. It is an obligation that must be fulfilled.
The rule, for example, limits cereals to no more than 2.5 grams of sugar per serving in order to be labeled as healthy. Food manufacturers claim the restriction excludes more than 95% of ready-to-eat cereals on the market.
In response, processed food companies that make a variety of snacks, baked goods, pasta and frozen pizza are challenging the rules before they are finalized by authorities. Some of the most vocal food companies are producers of high-sugar cereals marketed primarily to children and that have been criticized as driving the obesity epidemic in America.
jointly filing Created last month, the country’s largest cereal producers General Mills, Kellogg’s and post-consumer brands have denounced the proposed nutrition standards, threatened lawsuits, and criticized the guidelines for violating their free speech rights. I objected.
The rule, “when finalized in its present form,” would “violate the First Amendment and exceed FDA’s statutory powers by prohibiting unreasonably true and unmisleading claims.” It could be subject to legal challenges on the grounds,” the companies wrote. Method. “
The idea of a legal challenge may not be an idle threat.
The public comment docket contains submissions from the Washington Legal Foundation, a mysterious nonprofit that litigates arcane and often controversial business interests. The group submitted a letter of opposition in the form of a legal brief, presenting a wide range of possible future court challenges to FDA’s guidelines.
The organization argued that the healthy labeling requirement was an unconstitutional excess of government power. It claimed that it had the right to “constitutionally protect commercial expression” covering the ability to use
The FDA, the Washington Legal Foundation, wrote in its brief: [nutrition labeling] data. Rather, they are trying to limit the speech of food companies. ”
The group did not identify the donors and did not respond to requests for comment. Over the past few years, the Corn Refiners Association, a lobby group representing the high fructose corn syrup industry, financial affairs to the Washington Legal Foundation.
Pharmaceutical companies, including OxyContin maker Purdue Pharma, have also used the Washington Legal Foundation to challenge government rules and establish precedents to reduce the ability of prosecutors to bring criminal charges against pharmaceutical executives. .
Conagra, Ocean Spray, the American Frozen Food Institute, and the American Bakers Association have similarly hinted at legal threats to the FDA’s health food labeling regulations. All four organizations cited constitutional issues with the proposed labeling requirements in letters to authorities.
joint application Serial manufacturers not only neglect labeling rules, claim to Sugary grains pose no health risks and in fact are beneficial to society and the health of children.
The company said it viewed the “extremely stringent” guidelines as “concerning.” Because “cereal is one of the most affordable and nutritious breakfast options a person can make, whether you’re an adult or a child, and there’s a wide range of choices to suit different cultures.” Taste.” As claimed by the company, grains are used in special supplemental nutrition programs for women, infants and children and in school feeding programs across the country.
The companies claim that cereal “is nutritious when eaten on its own, but is even more nutritious when consumed as part of breakfast,” with cereal eaters exhibiting “higher overall dietary quality.” As evidence, the filing cites 2019 study It was conducted by in-house researchers employed by General Mills, makers of brands such as Lucky Charms, Cinnamon Toast Crunch and Trix.
Lucky Charms and Trix contain approximately 12 grams of sugar per serving. This is almost five times the limit proposed in the FDA’s health labeling guidelines.In addition, researchers found Children typically eat at least twice the recommended serving size of breakfast cereals. So a typical sweet breakfast cereal contains 24 grams of sugar, which is close to the sugar content of a Snickers chocolate bar.
Food manufacturers also stressed that the FDA needs to consider cereals as an affordable and accessible option for “families experiencing food insecurity.”As evidence, the companies also filed another General Mills-funded study Low-income grain consumers had higher daily calcium intakes, indicating that grain eaters at all income levels were associated with better dietary quality.
They wrote that government agencies should recognize sugar’s beneficial role. , which also contributes to flavor complexity,” said Filing.
General Mills, Kellogg’s, and the Consumer Brands Association, a trade group of cereal manufacturers, have likewise filed protests against the FDA’s proposal, citing its impact on sugary cereal brands. counted separate letters of protest from various trade groups and manufacturers to produce half a dozen separate filings.
But independent researchers found that diets high in processed foods and sugar linked For obesity, diabetes, increased risk of stroke, obesity-related cancers, hypertension, and dental disease.
Children’s eating habits of high-sugar cereals and snacks are driving high levels of childhood obesity, as multiple studies have shown. increase. found To increase subsequent intake of advertised cereals.
When various voluntary guidelines were proposed in 2011, the FDA’s move to discourage children from eating high-sugar diets and to curb advertising for such foods to children came from Obama. It reflects government.
At the time, food industry lobbyists mobilized a broad counterattack in Congress, and allied lawmakers inserted provisions into licensing legislation to delay voluntary guidelines. hired SKDK is a consulting firm co-founded by Anita Dunn, who helped manage President Joe Biden’s recent campaign and now serves as his top aide at the White House.
The newly proposed rule will also expand the categories of foods that may be labeled as healthy, including nuts, salmon, high-fat fish like avocado, and water.
The open comment period for the FDA guidelines closed on February 16. The FDA has given companies three years to comply with the rule after it was finalized, but is still considering feedback.
