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    Online Exclusives

    Taking Stock of Label Claims

    IFIC webcast panel spoke about rules and regs plus consumer food culture.

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    Joanna Cosgrove01.06.11
    Because understanding the rules and regulations surrounding the use of health claims found on food and supplement packages can be difficult to decipher, the International Food Information Council (IFIC) recently hosted an informative webcast that featuring a panel flush with insights on label claim rules and regs. The webcast also featured a glimpse into food culture and how consumers use food labels when choosing their foods.
     
    Kicking off the webcast,Crystal Rasnake Rivers, MS, part of the Nutrition Science Review Team, Nutrition Programs Staff in the Office of Nutrition, Labeling, and Dietary Supplements at the Center for Food Safety and Applied Nutrition (CFSAN) at the Food and Drug Administration (FDA), reviewed the Nutrition Labeling & Education Act of 1990 (NLEA). She presented a thorough primer on the ins and out of allowable label claims spanning Health Claims, Structure/Function Claims, Dietary Guidance Statements and Nutrient Content Claims.
     
    Anne Maher, JD, of the Washington, DC-based law firm, Kleinfeld, Kaplan & Becker, LLP, followed Ms. Rivers with a presentation detailing the Federal Trade Commission’s (FTC) purview of health benefit claim advertising. She began by first introducing webcast viewers to the basic principles of the FTC’s Advertising Law, outlining its jurisdiction and reach, and explaining matters relating to liability and penalties for actions related to food advertising.  
     
    During her presentation she noted that the food and supplement advertisement categories currently receiving the most scrutiny and enforcement attention are treatment/cure prevention claims (especially if the claims are numerical in nature), immunity claims, products for children’s health/performance and weight loss.
     
    Nancy Childs, PhD, professor of Food Marketing at Saint Joseph's University’s
    Erivan K Haub School of Business in Philadelphia, PA, concluded the informative IFIC webcast with a glimpse into how food claims influenced the behaviors of consumer purchasing decisions.
     
    Dr. Childs said that it was no surprise that the top purchase influencing factors were taste, price, nutrition and convenience. “We will ‘trial’ a new product but not ‘repeat buy’ if someone in the family doesn’t like it,” she said. “The surprise is how often smart companies forget that taste trumps all the other features, no matter how fabulous the nutrition profile or the ultra convenience, or attractive sale price. Of interest is that the economy has convenience sliding below its usual position of importance while nutrition is not losing ground.”
     
    In fact, price dominated as a purchasing influence, however nutritional information has gained importance as a swaying factor. Dr. Childs offered an interesting comparison of purchasing influences using data from FMI Research. In 2008, 71% of consumers cited price as the top influencing factor and in 2009 that number rose to 76%. Nutrition Label or Ingredients ranked second in importance to 43% of consumers in 2008 but jumped to 47% in 2009.
     
    Health Claims, on the other hand slid from 29% in 2008 to 25% in 2009, as did Brand Names which fell from 28% in 2008 to 26% in 2009. The influence of Organic Claims held steady at 15% from 2008 to 2009.
     
    Dr. Childs said those involved with the formulation and manufacture of dietary supplements and functional foods would be wise to take notice of the aforementioned influences and their vast impact on the retail landscape.
     
    “Functional foods are retaining importance even through a recession and challenging economy,” she said. “In a difficult price challenged economy, foods with functional or health properties provide value and justify higher/holding prices to consumer.”
     
    She also affirmed that functional foods are “definitely” value-added products for today’s consumers. “Product designers will grow more confident and competent with functional foods.  Increasing consumer awareness of nutrient-health roles (eg. calcium-bone health) the more consumers will be interested and the less investment needed in consumer education and health claim documentation,” she said. “Successful functional foods need to be healthy on all dimensions:  nutrient functionality, low sodium and sugar, and satiety (or low calories).  Beware of consumers confusing ‘local,’ ‘fresh’ and ‘artesian’ foods as surrogates for functional foods—they are not the same thing.”
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