Consumer Group Calls on Government to Act Decisively Against Misleading Low Carb Claims in Labeling and Advertising

Release Date: October 26, 2004
Contact: 202-835-3323, media@nclnet.org
 

Washington, DC—In a letter sent to the Food and Drug Administration and Federal Trade Commission, the nation’s oldest consumer advocacy organization chided the federal government agencies for their apparent lack of concern “about the large number of ‘low carb’ products that make misleading claims” and called upon them to immediately establish guidelines for labeling and advertising of “low carb” products.

Citing deep concerns “with the recent proliferation of carb-related labeling and advertising claims” and the fact that “none of these claims are currently regulated by the FDA,” National Consumers League President Linda Golodner wrote that she fears consumers are making unwise purchasing decisions based on incomplete information about healthy food choices.

Since the “low carb” fad has swept the nation in the past two years, it has significantly changed the way many Americans eat, with roughly 10 percent on “low carb” diets. More than 1,500 food and beverage products that make “low carb,” “reduced carb,” or similar claims have emerged in the market, creating an industry segment expected to reach $30 billion in sales in 2004.

While the “low carb” market booms, federal regulation of the claims lags far behind, failing to address the craze and leaving consumers to fend for themselves. “Unlike their sister agencies, Agriculture’s Food Safety and Inspection Service and the Alcohol and Tobacco Tax and Trade Bureau, the FDA and FTC have no clear policy regarding ‘low carb’ claims, and this is a major disservice to consumers,” said Golodner. “Consumers who’ve been swept up in the low carb chaos are vulnerable to misleading labeling practices, and they deserve better.”

 In its letter, NCL called upon the FDA and FTC to act immediately to establish guidelines for labeling and advertising of “low carb” products and ensure that members of the food industry adhere to them. Namely, NCL called for:

1.  An interim policy issued by the FDA to address “low carb” labeling, pending completion of a rulemaking defining the terms. A draft guidance would regulate claims and fill the more than three-year gap before a final rule would go into effect in January 2008. Such a guidance should dictate that reduced carbohydrate food products that do not qualify as “low calorie” or “reduced calorie” contain labeling disclaimers that reveal this fact. An interim policy should either prohibit “net carbs” label statements, as TTB has done on alcohol beverages, or require that “net carbs” list sugar alcohols and other ingredients that contribute calories.

2.  Immediate enforcement action against misleading carb claims and label statements. According to the Federal Food, Drug, and Cosmetic Act, it is within the FDA’s authority and responsibility to take action against manufacturers making false or misleading claims—even in the absence of a policy on these particular claims.

3.  FTC action against deceptive carb claims in advertising, including “low carb” and similar claims for foods that do not qualify as “low calorie” or “reduced calorie” and “net carbs” statements that omit sugar alcohols, glycerin, and soluble fiber.

“The FTC has a longstanding interest in deceptive weight loss claims, and the FDA owes it to consumers to address this increasingly prevalent problem,” said Golodner, “before the situation gets even more out of control than it already is.”

For a copy of the letter NCL sent to the FDA and FTC, click here.

For more information, write or call the National Consumers League at 1701 K Street, NW, Suite 1200, Washington, D.C. 20006, 202-835-3323. Log on to NCL at www.nclnet.org.

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The National Consumers League, founded in 1899, is America's pioneer consumer organization. Our mission is to identify, protect, represent, and advance the economic and social interests of consumers and workers. NCL is a private, nonprofit membership organization. For more information, visit www.nclnet.org.

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