FDA to Conduct FOP Labeling Experimental Study 

The FDA issued a notice announcing its plans to conduct quantitative research on front-of-package (FOP) labeling on packaged foods to further explore the development of a FOP labeling scheme. In 2022, the FDA conducted a review of the literature on FOP nutrition-related labels and conducted a set of focus groups to test how consumers interpret FOP concepts and schemes. The experimental study, informed by the results of the focus group testing, will help the FDA further explore consumer responses to various FOP schemes. The FDA invites public comment on the collection of information associated with the study by March 27, 2023.

The Office of Management and Budget (OMB) has completed its review of the USDA Food and Nutrition Service (FNS) proposed rule, ‘Special Supplemental Nutrition Program for Women, Infants and Children (WIC): WIC Online Ordering and Transactions and Food Delivery Revisions to Meet the Needs of a Modern, Data-Driven Program.' This rule addresses key regulatory barriers to online ordering in the WIC Program by making changes to the provisions that prevent online transactions and types of online capable stores from participating in the Program. This rule will also allow FNS to modernize WIC vendor regulations that do not reflect current technology and facilitate the Program’s transition to electronic benefits.

The FDA final rule, Revocation of Uses of Partially Hydrogenated Oils in Foods, is currently at the Office of Management and Budget (OMB) for review. The FDA will issue a final rule and a companion proposed rule to update the regulations to remove all mention of partially hydrogenated oils (PHOs) from FDA's generally recognized as safe (GRAS) regulations and as an optional ingredient in standards of identity. The FDA is also revoking all prior sanctions for uses of PHOs in food. The FDA released its final determination that PHOs are not GRAS in 2015. 

Stacy Dean was renominated by President Biden to serve as USDA Undersecretary for Food, Nutrition, and Consumer Services. In her current role as Deputy Undersecretary, Dean has focused on growing and improving nutrition assistance programs, such as school meals. It is unclear if Dean will make it through Senate confirmation after an unsuccessful bid in the last Congress.

FDA Concludes Existing Regulatory Frameworks Not Appropriate for CBD Products  

The FDA announced it has concluded that existing regulatory frameworks for foods and supplements are not appropriate for cannabidiol (CBD) products and that it will not intend to pursue rulemaking allowing the use of CBD in dietary supplements or conventional foods. The agency announced it will work with Congress to develop a cross-agency strategy that would provide safeguards and oversight to manage and minimize risks related to CBD products.

FDA Deputy Commissioner of Food Policy and Response Frank Yiannas Resigns 

The FDA Deputy Commissioner of Food Policy and Response, Frank Yiannas, announced his resignation this week, effective February 24, 2023. In his resignation letter to FDA Commissioner Robert Califf, Yiannas cited his concern about the decentralized leadership and fractured structure at the agency. Yiannas highlighted the achievements of the food safety program during his tenure but suggested that the agency could operate more effectively with a Deputy Commissioner for Foods and should consider moving the staff in the Office of Food Policy and Response (OFPR) to a new office under the Deputy Commissioner for Foods.

The FDA released the draft guidance, Action Levels for Lead in Food Intended for Babies and Young Children. The draft guidance establishes the following action levels for lead in processed food intended for babies and young children: 10 parts per billion (ppb) for fruits, vegetables (excluding single-ingredient root vegetables), mixtures, yogurts, custards/puddings, and single-ingredient meats; 20 ppb for single ingredient root vegetables; and 20 ppb for dry infant cereals. The guidance defines processed food intended for babies and young children as food packaged in jars, pouches, tubs, and boxes represented to be specifically for babies and young children less than two years old. The establishment of these draft action levels are part of FDA’s efforts under the Closer to Zero Action Plan for Baby Foods to reduce exposure to toxic elements from foods eaten by babies and young children. The FDA will also be hosting a webinar on the draft guidance on March 2, 2023, at 1:00 pm.

The USDA Deputy Secretary of Agriculture, Jewel Bronaugh, announced her resignation as Deputy Secretary to spend more time with her family. During her tenure at USDA, Bronaugh worked to enhance food assistance programs and increase engagement in innovation and research to expand sustainable agriculture practices. She also served as co-chair of USDA's first-ever Equity Commission.

The Canadian Centre on Substance Use and Addiction (CCSA) published the report, Canada’s Guidance on Alcohol and Health, that recommends health warnings, minimum unit pricing, and stringent advertising restrictions for alcohol. The guidance warns that no amount of alcohol is safe to consume and recommends consuming no more than two alcoholic drinks per week, a large reduction from Canada’s Low-Risk Alcohol Drinking Guidelines of 15 drinks for men and 10 drinks for women. The new guidelines provide a scale of risk associated with various levels of alcohol use and defines the health and safety risks associated with drinking as negligible-to-low for people who have two standard drinks or less per week; moderate for those who have between three and six standard drinks per week; and increasingly high for those who consume more than six standard drinks per week.

Study Suggests Nutri-Score Best Identifies Healthy Food Options in Australia 

A study published in ScienceDirect examined ​​the relative ability of five different front-of-pack nutrition labels (FOPNL) (Health Star Rating, Multiple Traffic Lights, Nutri-Score, Reference Intakes, and Warning Labels) to alert Australian consumers to both healthier and unhealthier options to inform their food choices. Out of the FOPNL examined, researchers found that Nutri-Score best helped consumers identify both healthier and unhealthier options, while the Health Star Rating ranked second, followed by the Traffic Light FOPNL. Researchers recommend that the Nutri-Score algorithm be used to enhance the performance of the current voluntary Health Star Rating FOPNL system that is currently in place in Australia.

Fun Fact: Watermelons are popular hostess gifts in China.