Food Labeling

Introduction

Products of all kinds have labels on them. Many products are subject to standardized labeling requirements with a mixture of safety warnings, instructions, and factual information. Warnings generally describe risks that might not be obvious to a reasonable consumer, while instructions explain how to use the product and reduce any risk of injury if applicable.^[1] Food products tend to have a great deal of information on the packaging. Outside of manufacturers’ own marketing features, which are discussed in Chapter 7, the majority of this is factual information regulated or required by the federal government. Some of the safety-related warnings and related factual information on labeling was discussed in the previous chapter.

The Fair Packaging and Labeling Act (FPLA) was enacted in 1967 to ensure truthful and transparent labels over consumer products. FPLA requires that labels disclose the net contents, net quantity of each serving, and identity of commodity, and name and place of business of the product’s manufacturer, packer, or distributor.^[2] FPLA is administered by the Food and Drug Administration (FDA) for foods, drugs, and cosmetics and administered by the Federal Trade Commission (FTC) for all other consumer goods.^[3]

This chapter reviews the First Amendment issues relevant to labels in the context of food. It delves into the food labeling authority and regulations administered by the FDA and the United States Department of Agriculture (USDA).

As noted earlier in the book, Congress granted the FDA primary authority over the majority of food products, while the USDA has authority over meat, poultry, and liquid, frozen, and dried egg products (shelled eggs are regulated by the FDA). Several statutes provide each agency with its specific authority relevant to this chapter. The FDA’s authority over the safety and labeling of food stems from the Federal Food, Drug, and Cosmetic Act (FDCA), and its modern food labeling authority was granted to it by the Nutrition Labeling and Education Act (NLEA). The USDA’s authority stems from the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act. Within the USDA, the Food Safety and Inspection Service has the primary authority to regulate labeling of USDA-regulated products. The USDA also administers the National Organic Program and Country of Origin Labeling program, both of which will be discussed.

• [1] Twerski Henderson. Products Liability Problems and Process (3rd ed.). New York, NY. AspenLaw & Business. 1997.
• [2] Food and Drug Administration. Fair Packaging and Labeling Act. http://www.fda.gov/regu-latoryinformation/legislation/ucmi48 722.htm
• [3] Neal D. Fortin. Food Regulation Law, Science, Policy, and Practice. Hobokon, NJ: John Wiley &Sons Inc., 2009.