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The rule would update definitions, terminology, and provisions related to nutrient content claims and added sugars to be consistent with terms related to and updates to requirements for the Nutrition Facts label.  The rule would, among other things, define a new "low added sugar" nutrient content claim that manufactures could voluntarily use to communicate information about the level of added sugars in food products.  

Statement of Need:

In 2016, FDA updated the requirements for the Nutrition Facts label and serving size information for packaged foods to reflect new scientific information, including the link between diet and chronic diseases such as obesity and heart disease. Among the updates to the Nutrition Facts label was the requirement that added sugars be included in the Nutrition Facts label and the establishment of a daily value (DV) for added sugars. The declaration for added sugars was established, in part, because excess consumption of added sugars makes it difficult to meet nutrient needs within the calorie limits generally needed to maintain a healthy weight and can lead to an increase in overall caloric intake. Further, healthy dietary patterns that are characterized by lower amounts of sugar-sweetened foods and beverages, as compared to less healthy dietary patterns, are associated with a reduced risk of cardiovascular disease. This proposed rule, if finalized, would update definitions, terminology, and provisions related to nutrient content claims and added sugars to be consistent with the terms related to and the previous updates to the requirements for the Nutrition Facts label.

Summary of the Legal Basis:

We are issuing this proposed rule consistent with our authority in sections 201, 301, 403, and 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 331, 343, and 371).

Alternatives:

None.

Anticipated Costs and Benefits:

The proposed rule will include several provisions. For one, it will propose to update the definition of added sugars in the existing no added sugar, without added sugar, or no sugar added claims to be consistent with the declaration on the updated Nutrition Facts label. This proposal, if finalized, would cause manufacturers who are voluntarily using the older no added sugar claims and whose products are not consistent with definition of added sugars to either reformulate products or to remove claims from the label, both of which involve costs to the manufacturer. In addition, the proposed rule will propose to define a claim of "low added sugars" and allow factual quantitative amount statements for added sugars on the labels of certain products. These proposals, if finalized, would provide claims that have not previously been available for use by manufacturers. If manufacturers voluntarily choose to use these new claims on their labels, there would be relabeling costs involved. Finally, the proposed rule will propose to update the terminology in existing nutrient content claims for added sugars and total sugars that are not consistent with the terms used in the updated Nutrition Fact label regarding the Added Sugars and Total Sugars declarations. This proposal, if finalized, would require manufacturers who are using the older added sugar or total sugar claims to relabel and incur relabeling costs to correct terminology (i.e., change the term "sugar" to "sugars") or to remove the claim.

Risks:

TBD