Update on FDA's Draft Guidance on Dietary Statements

On March 24, 2023, the FDA released Draft Guidance on Dietary Guidance Statements in Food Labeling. Under this proposed guidance, products making any dietary guidance statement (such as “Make half your grains whole,” or “Eat leafy green vegetables”) on the label would be subject to strict nutrient guidelines for added sugars, sodium, and saturated fat, among other requirements.

On May 8, 2023, the Oldways Whole Grains Council team met with contacts at the FDA to learn more about this draft guidance and to advocate for Stamped products and transparent communication on food labels. In our meeting, the FDA made it clear that this is draft guidance and that their position/guidance may change as they continue to hear from stakeholders throughout the comment period. We will be preparing and submitting formal comments shortly, and we encourage our members to submit comments alongside us!

Our understanding of the FDA’s current thinking is that the only component of the Whole Grain Stamp that could potentially fall into the “dietary guidance” category (and therefore be subject to meeting strict nutrient thresholds) would be the fine print under the Basic Stamp which states, “Eat 48g or more of whole grain daily.”

We are currently exploring all possible options and outcomes including the possibility of adjusting or removing the fine print under the Basic Stamp so that it would not be interpreted as dietary guidance. The Draft Guidance also suggests a minimum whole grain content of 12g per serving, rather than the minimum of 8g used in the Whole Grain Stamp program. However, if the Stamp’s fine print was adjusted in such a way as to remove all dietary guidance statements, then products using the Whole Grain Stamp would not be subject to the 12g minimum, nor would they be subject to the nutrient thresholds for added sugars, sodium, and saturated fat, unless they were making dietary guidance statements elsewhere on their packaging. Regardless, given the draft nature of this guidance and the potential for substantial changes during the comment period, we are not making any changes to the Basic Stamp or the Whole Grain Stamp program at this time. You may continue to submit products as usual as we monitor this issue.

We are committed to preserving and growing the transparency, consistency, and consumer trust achieved through the Whole Grain Stamp program. The vast majority of consumers (86%) trust the Whole Grain Stamp, while more than half of consumers are skeptical of whole grain claims made without the certification offered by the Whole Grain Stamp, according to our most recent WGC Consumer Insights Survey. Two-thirds of consumers say third-party packaging symbols, like the Whole Grain Stamp, give them more confidence in the products they are buying, making clear to us that consumers place significant value on our certification process.

In a time when nearly 50% of Americans know very little about or have never heard of the Dietary Guidelines for Americans and approximately 98% of Americans are falling short of recommended whole grain intake, it is unclear why the FDA would wish to limit the visibility of messaging that reflects these guidelines. The presence of this guidance on packaging plays an important role in consumer education around whole grains and helps consumers understand the Dietary Guidelines recommendations from which it is derived. For the sake of public health and consumer education, there is a strong argument for using more of these kinds of whole grain statements, not fewer.

Restricting information about dietary guidance to only products that meet certain criteria will vastly impair consumer ability to make informed choices about their food. Many foods are not just good or bad, and often have a mix of both beneficial and less beneficial ingredients. These can be great “bridge foods” as people move along their journey to better health. Nutrition change is almost always incremental, and we will continue to urge the FDA not to let the perfect be the enemy of the good. We welcome you to join us in voicing your support for increased whole grain consumption through transparent communication and guidance on food labels.

Please stay tuned in the weeks to come as we prepare formal comments on this issue. The comment period is open through Monday, June 26, 2023.