Mr. WEISS. In its prepared testimony and in the course of testimony we had today, FDA indicated that in recent years it has implicitly permitted label claims not specifically tied to particular diseases such as for sodium, calorie, fatty acids, and cholesterol content. Do any of you support this type of labeling? And if so, how do you distinguish it from labeling for disease-specific health claims, which you oppose? Dr. SHILS. I don't understand the question. Do you mean the quantitative data of the FDA like the amount of sodium or the amount of cholesterol? Mr. WEISS. Low sodium or low calorie content, or low fatty acids, yes, that kind of thing. Dr. SHILS. It is a statement of what is in that particular food package, and I certainly have no objection to that. Mr. WEISS. Right. How would you distinguish that from labeling for disease-specific health claims? Dr. Swan. Dr. SWAN. Such a statement tells you the fact of what is in the food product. It does not promise you or lead you to believe that it will do one thing or the other for your health. Obviously, such a statement is of value to a consumer who wants to behave in a certain way toward sodium if they have information from some other source, such as a dietitian or their physician, that they should behave in a certain way, eating more of it, or less of it, or what ever. But once they are given that information through a responsible health-related channel, then they can act on it if they can find on the label the amount of sodium, thiamin, vitamin A, et cetera, that's there. So we are in favor of seeing the information provided but we don't want to imply at the same time that this is going to have one kind of benefit or the other kind of benefit vis-a-vis that particular consumer. Mr. WEISS. FDA has also testified that it has been stressing that its proposal permits generic rather than brand-specific health claim information. In your judgment, does the proposed regulation itself preclude manufacturers from making brand-specific health claims? Dr. Swan. Dr. SWAN. I am really not very expert in such matters, Mr. Chairman. In my judgment, it would be very hard for a consumer walking into a supermarket to make that distinction. If the claim is on the label of product A, it is going to be a claim that they associate with product A, in my opinion. Mr. WEISS. And, finally, since you had the privilege of sitting through all of the prior testimony of today, would any of you have anything you want to say regarding any of the testimony that you heard earlier today, or any other matter before we terminate the hearing? Dr. Swan. Dr. SWAN. Thank you, Mr. Chairman. I would like to emphasize that the societies which I represent hope that we don't appear to be completely negative about nutrition information and health information on food labels. We think that food labels are a source of information to people, and a source that should be wisely used, judiciously used. We are ready as societies and individual members of our societies, to try to work with the Food and Drug Administration, if they desire this, to improve the kind of nutrition information and health information that is present on labels. But I must at the same time reiterate that to date we have not been able to see any way in which we could accept disease-specific claims among that improved information. Mr. WEISS. Thank you. Dr. Barness. Dr. BARNESS. I again want to echo what Dr. Swan said—the academy is especially dismayed that in none of this deliberation, has there been any consideration of age differentials. I think this is very important to the future of this country, not only to a few children. I think we also are concerned about being too negative, whether it is labeling or to advice to give, and this we don't want to be accused of. I think that we are saying that if there is complete labeling of content of foods that then it would be relatively easy to figure out what is a good diet and that can be offered to the child. If somebody wants to eat candy bars all day long because they think that that is a great diet, we are not saying that you shouldn't do it. Or if somebody wants to go in the health food store and eat whatever they can get there, we are not saying not to do it if that is the way you are convinced that your life will be better. We are not trying to antagonize anybody, but we do think that for the moment the only thing that has any sound basis for is general labeling of the entire food. Thank you. Mr. WEISS. Thank you. Dr. Shils. Dr. SHILS. I have been very interested in the discussions this morning and I have come to realize that not only a casualty to the public will occur if such regulations go into effect, but I think there will also be a casualty for the FDA. Dr. Swan mentioned this in her earlier remarks, but I think it is worth pointing out again that the FDA is a very important regulatory agency in the United States. It is the one regulatory agency that I have had a great deal of confidence in the past. I think that if it goes through with this misconceived program, its credibility is going to be seriously handicapped. Mr. WEISS. I thank you all very, very much. Again, we may have some further questions to ask of you. If so, we will directly communicate them to you. The record will remain open for 10 days to receive further information. And with our appreciation, to you as well as our FDA witnesses, the hearing now is concluded. The subcommittee stands adjourned subject to the call of the Chair. Thank you very much. [Whereupon, at 3:30 p.m., the subcommittee adjourned, to reconvene subject to the call of the Chair.] APPENDIXES APPENDIX 1.—DOCUMENTS REFERRED TO IN THE HEARING RECORD Federal Register / Vol. 52, No. 149 Tuesday, August 4, 1987 / Proposed Rules DEPARTMENT OF HEALTH AND 28843 [Docket No. 85N-0061) Food Labeling; Public Health AGENCY: Food and Drug Administration. SUMMARY: In this notice, the Food and certain regulations on food labeling to codify and clarify its policy on the Pending this rulemaking proceeding. DATE: Written comments by November ADDRESS: Written comments on this notice and on four related citizen FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Statement Consumers are becoming increasingly relationship and how specific foods may (149) |