Staking Foodservice Nutrition Claims

Staking Foodservice
Nutrition Claims
November 1998 -- Cover Story Part 5

By Lynn A. Kuntz
Editor

  Most consumers consider healthful and nutritious eating a high priority. Regular processed-food labels give them easy access to nutrition information mandated by the Nutrition Labeling and Education Act of 1990 (NLEA). But those who choose their meals through today's wide spectrum of foodservice outlets don't always enjoy the same luxury.  The NLEA has exempted the vast majority of foodservice operations from mandatory labeling of products, according to 21CFR 101.9. Among the exempt categories are:
Foods served or sold in businesses that serve food for immediate consumption or consumption while walking away or those which are sold for use in foodservice operations. This category encompasses facilities such as restaurants, schools, cafeterias, street vendors, convenience stores, vending machines, caterers, trains, airplanes, and bakeries and delicatessens set up to allow immediate consumption.
Ready-to-eat foods sold for later consumption that are processed primarily at the retail location or portioned and packaged to the consumer's specifications. This would include restaurant-type foods sold by outlets without facilities for immediate consumption, such as pizzas, and sliced, portioned or prepared products from delis and bakeries.
Medical foods for nutritional therapy, whether eaten in a health-care facility or at home.Choosing the path  Just because the government does not mandate it, doesn't mean that the foodservice industry can't voluntarily provide nutrition information to its customers. However, the labyrinth of rules that do apply, inherent differences from processed packaged foods, special cases, and even the variability of foods and recipes, prompt caution for those that want to communicate nutritional makeup of foodservice products. Because of this complexity, the information presented here is intended to highlight some of the more important options, not serve as the definitive guide to foodservice labeling. Also, keep in mind that other government entities besides the FDA might hold sway in some circumstances: state or local consumer protection laws or advertising controlled by the Federal Trade Commission, for example. And while FDA has made the regulations, they aren't going to be enforcing them, says Donna Abrahams, M.N.S., R.D., nutrition labeling specialist, Prime Label Consultants, Inc., Washington, D.C. "Local authorities are responsible for making sure the regulations are enforced. So anyone who makes nutrition claims should have a very good understanding of what they are doing, because they may have to justify their actions to individuals who are not entirely familiar with federal guidelines."  The requirements apply to all forms of labeling, including that used in menus, signs, posters, placards, brochures and banners.  Foodservice vendors have several options when providing nutrition information. They may use the formats specified in 21CFR sections 101.9 (Nutrition Facts), 101.45 (voluntary program for raw fruits, vegetables and fish), or 101.10 (reasonable means). However, and this is critical, once the foodservice operator makes a nutrition claim, a nutrient content claim or health claim, whether explicit or implied - the food is no longer exempt from nutrition labeling. Each food item is a separate case; if one item on the menu is labeled or makes a health claim, it does not mean that all foods served at the facility have to carry nutrition labeling.  What actually constitutes a "nutrient content claim" in FDA's eyes is a bit difficult to figure out. In theory, a notation of just the level and name of nutrient in a certain amount of food (such as 100 mg calcium per 8 oz. serving) is not considered to be a nutrient content claim. "But if you include what seem to be benign terms like 'provides' or 'contains,' you're triggering a claim," Abrahams cautions. "When you trigger a claim, two things happen. You have to meet the criteria for the claim, plus you must provide information on the nutrient or nutrients that are the basis of the claim."  Therefore, if a food or meal carries a cholesterol claim, information on both the cholesterol and the saturated-fat content of the food must be available. If a statement, such as "cholesterol-free muffin, cholesterol 0 mg. per serving and saturated fat 1 gram per serving" is used, listing the nutrient levels acts as the functional equivalent of nutrition labeling, and the product requires no additional labeling. Or, the cholesterol and saturated fat levels can be conveyed elsewhere and made available upon request.  FDA treats most descriptors as nutrient-content claims. This includes words that explicitly characterize the amount or range of the nutrient in a food ("low," "high," "good source," "no," "free," "contains," etc.); compare a nutrient level to the level in another food, ("reduced," "light," "less," "more," etc.); or imply that the food does or does not contain nutrients ("high in oat bran" would imply that the food is high in fiber, for example). With the implementation of NLEA, FDA set the definitions of specific nutrient content descriptors in 21 CFR 101, sections 54 through 62.  Some statements of ingredient content won't trigger mandatory labeling. For example, referring to the presence or absence of an ingredient that: gives value ("contains cream"); helps consumers identify and avoid consumption ("contains peanuts"); or has no nutritive purposes ( "no preservatives") typically isn't considered an implied nutrient-content claim. Again, what exactly constitutes an implied nutrient claim is somewhat open to interpretation.Presenting information  Labeling must be based on a single serving of a food or a meal even if no specific serving size is given. In a situation where the customer may portion the food themselves, the label statement can be based on a logical frame of reference, such as the size of the serving vessel, (for example, capacity of a soup cup). But once a nutrition claim is made, a food must meet the FDA's definition for the claim no matter what the serving size. Often these are based on a food's reference amount, the amount customarily consumed as determined by FDA (21CFR 101.12) and USDA (9CFR 317.312). A low-fat food, for example, must contain 3 grams or less of fat per reference amount.  Any nutrition information given must be based on the form in which the food is served or sold to consumers. The information for the dry pancake mix isn't sufficient, so we need to see how the figures for the product as prepared stack up.  Nutrition Facts, the label format for processed foods, is required in the processed-foods industry, but restaurants may elect to use other, simpler formats. However, if a Nutrition Facts format appears, it must contain all required elements: the levels of calories, total fat, saturated fat, cholesterol, sodium, total carbohydrates (including dietary fiber and sugars) and protein on a per-serving basis. The amounts of these nutrients must be expressed in grams or milligrams as well as the % Daily Value (DV) based on a 2,000-calorie reference diet. It also requires vitamins A and C, calcium and iron as %DV. Other nutrients may be listed and the calorie count of fats, carbohydrates and protein included, but these are optional.  Restaurants may determine the nutrient content of a food by using database analysis of the recipe or other reliable sources of nutrient information. Rounding according to FDA guidelines is encouraged. Foods aren't subject to chemical analysis to confirm the figures. As long as the restaurant uses a relatively constant portion size, and standard recipe and preparation method, a single determination is sufficient. The staff should be made aware that no substitutions or changes in preparation that influence the nutrient content as claimed are allowed.  The information may be conveyed to consumers by reasonable means, including formats such as a sign, leaflet or notebook, as long as consumers have easy access. It does not have to be on the same vehicle as the label that bears the nutrition claim.Healthy eating  In addition to nutrient-content claims, foods also may bear an approved health claim. Currently, FDA has only approved 10 diet/disease relationships for this purpose. The actual statements used must meet the following criteria:
A serving of the food or meal must contain less than the specified levels of fat, saturated fat, cholesterol and sodium. High levels in any category make the product ineligible.
Foods must contain at least 10% DV for at least one of these six nutrients, without fortification: vitamin A, vitamin C, calcium, iron, fiber or protein.
Foods must meet specific criteria listed in the regulations. For example, a claim that links a diet low in total fat to the reduced risk of cancer can only be used for foods meeting the definition for "low fat."
  "Health claims are clearly defined as to what you can or cannot say, but there's flexibility in the actual wording" says Abrahams. "There are examples in the regulations, but under some circumstances you can use other wording. Like nutrient content claims, health claims require that specific levels of nutrient be present in the food." Health claims must be: complete, truthful and not misleading; use the terms "may" or "might" to express the relationship between the food or nutrient and a disease; and indicate that the risk of disease depends on many factors.On a diet  Foods designed for special dietary use have special requirements (21 CFR 105). Claims that a food meets a particular dietary need generated by physical, physiological, pathological or other conditions are not generally considered nutrient-content claims. This includes statements such as "use as part of a weight-reduction program." However, using a claim that covers a nutritional aspect that could apply to the population at large ("low sodium" or "low calorie") constitutes a nutrient-content claim, and it must meet the label requirements.  Most statements that a food or meal meets the dietary guidelines of a health-professional organization or other authoritative source fall under the category of dietary guidance as long as they do not refer to the level of a nutrient. For example, a statement that "eating five fruits and vegetables a day is part of a healthy lifestyle according to the National Cancer Institute," would be considered general dietary guidance. "This food meets the National Cancer Institute recommendations for fiber" becomes a nutrient claim because it implies a specific level of fiber is present.  Foods that comply with the recommendations of a health professional organization may also carry symbols or logos. Those recommended by the American Heart Association may carry a heart symbol. However, symbols used in conjunction with an explicit or implicit health claim ("meets guidelines for a 'Heart Healthy' diet") make a product subject to health-claims requirements.  This outlines some of the basic tenets that should be followed to convey nutrition information in a foodservice setting. The actual regulations can be found in the Code of Federal Regulations, mainly 21 CFR parts 100 through 169 (Hard copy - Order #1869-019-00067-4 - is available for $21 from the U.S. Government Printing Office, Washington, D.C. 20402; phone: 202/783-3238. Or, access the CFR via the Internet at http://www.access.gpo.gov/nara/cfr.) FDA also offers the document, Food Labeling: Questions and Answers, Volume II (August 1995), which is a series of questions and answers specifically for foodservice. But as with most government regulations, tackling compliance is not for the faint at heart, so those lost in the maze might look elsewhere for additional help. Several companies offer nutrition software that generates numbers, labels and suitable claims, or help on a consulting basis. The next generation of software is currently under development, says Abrahams, which will "evaluate eligibility for nutrition claims for food served for immediate consumption."  "We want to encourage restaurateurs to disclose nutrition information and to make justifiable claims," Abrahams says. "One of the reasons why we believe in making claims is that simply giving people nutrient levels does not always give them the ability to put those numbers in perspective." As consumers become more nutrition-savvy, they might not be concerned about the details on the occasional double death by chocolate indulgence. However, they might have more than a passing interest in knowing the makeup of the increasing numbers of meals they eat away from home.SIDEBAR #1:
FDA-Approved Health Claims
21 CFR 101.72 calcium and osteoporosis
21 CFR 101.73 dietary lipids and cancer
21 CFR 101.74 sodium and hypertension
21 CFR 101.75 dietary saturated fat and cholesterol and risk of coronary heart disease
21 CFR 101.76 fiber-containing grain products, fruits and vegetables and cancer
21 CFR 101.77 fruits, vegetables and grain products that contain fiber, particularly soluble fiber, and risk of coronary heart disease
21 CFR 101.78 fruits and vegetables and cancer
21 CFR 101.79 folate and neural-tube defects
21 CFR 101.80 dietary sugar alcohols and dental caries
21 CFR 101.81 soluble fiber from certain foods (whole oats, psyllium seed husk) and risk of coronary heart diseaseSIDEBAR #2:
21 CFR 101.10 Nutrition Labeling of Restaurant Foods
  "Nutrition labeling in accordance with Sec. 101.9 shall be provided upon request for any restaurant food or meal for which a nutrient content claim (as defined in Sec. 101.13 or in subpart D of this part) or a health claim (as defined in Sec. 101.14 and permitted by a regulation in subpart E of this part) is made, except that information on the nutrient amounts that are the basis for the claim (e.g., "low fat, this meal provides less than 10 grams of fat") may serve as the functional equivalent of complete nutrition information as described in Sec. 101.9. Nutrient levels may be determined by nutrient data bases, cookbooks, or analyses or by other reasonable bases that provide assurance that the food or meal meets the nutrient requirements for the claim. Presentation of nutrition labeling may be in various forms, including those provided in Sec. 101.45 and other reasonable means. [61 FR 40332, Aug. 2, 1996]"Back to top