Honey Bears, Snowmen and Other Exceptions to Food Label Rules

by Food and Drug Administration (FDA)

Companies that sell honey in the bear-shaped squeeze container are finding themselves in a stickier situation than usual these days: how to comply with FDA's new guidelines for mandatory nutrition labeling.

It's not that they can't come up with the necessary nutrition information or that they don't have the means to produce a readable label. The problem is that the little bear's body doesn't have ample space for a nutrition label.

It's a problem that hasn't caught FDA unawares. The 898-page Federal Register document that spells out how FDA requires foods to be labeled according to the Nutrition Labeling and Education Act of 1990 contains a provision for just such problems. It's found in Paragraph 101.9(g)(9) of the regulations.

There, the document specifically addresses foods for which a complete nutrition label on the package may not be "technologically feasible or some other circumstance makes it impracticable." For these foods, FDA will consider alternative means of compliance.

That is one of several provisions that, until recently, have received little attention. Now, as manufacturers begin to relabel their products to meet the May 1994 deadline, those provisions are getting a closer look.

The regulations, published in January 1993, are known more for:

• establishing mandatory nutrition labeling
• redesigning the format for presenting nutrition information
• defining nutrient claims, such as "low fat" and "high fiber"
• approving the use of seven nutrient-health and nutrient/food- health claims
• establishing more uniform serving sizes.

They are less noted for addressing the specifics of how to label uniquely packaged foods or foods with few nutrients, or for explaining the technicalities of determining a food's nutrient content. But these provisions are there, and, like their more prominent counterparts, they, too, will affect what consumers see on food labels of the future.

Looking in All the Right Places

Some of the specifics deal with placement of the nutrition label, now called "Nutrition Facts."

For most foods, nutrition information will continue to appear to the immediate right of the principal display panel, which is usually the front of the package. But, for the first time, some exceptions are allowed. Among them:

Packages with less than 40 square inches available for nutrition labeling — for example, the standard-size gelatin dessert box — may carry nutrition information on any panel. This is one of four options that manufacturers have to help them fit the nutrition information onto smaller packages.

Nutrition information for variety-pack food items, such as ready- to-eat cereals or snacks, may appear on the individual product where a consumer can readily see it at the point of purchase — or be listed for each food on the outside wrapper.

Cartons of eggs in shells may carry nutrition information on a package insert. This exception targets egg cartons in which the top and bottom conform to the shape of the eggs and thus leave insufficient surface area for nutrition information.

Assorted gift packages, such as a holiday gift box of cheeses, crackers and jellies, may provide nutrition information on a package insert. In allowing this option, FDA determined it is more important that the recipient of the gift see the information than the gift giver because the recipient will benefit more from the information. This provision also allows the gift box maker to use the same information for multiple gift boxes that may vary only slightly in size. (The regulations allow nutrition information for similar assorted foods to be listed for each item or as a composite of the entire contents.)

Nutrition information for foods that are not individually packaged, such as condiments or cookies sold from bulk containers, may be presented on counter cards, posters, take-home brochures, or other written materials at the point of purchase. These materials also can be used for nutrition information for game meats. (Under FDA's voluntary nutrition information program for raw fruit, vegetables and fish, point-of-purchase materials are the major means of presenting nutrition information.)

Firms Help Develop Options

Under the (g)(9) provision, FDA will consider other labeling options for other foods that do not lend themselves to the mandatory nutrition label. The options can range from a smaller nutrition label to posters and brochures at the point of purchase. "The alternative can include a lot of things," said Virginia Wilkening, a registered dietitian and consumer safety officer in FDA's Office of Food Labeling. "But, it's up to the company to propose an option for presenting the nutrition information." The provision requires manufacturers to write to FDA, explain their labeling problem, and offer a solution. FDA, in turn, will review the request and decide whether it's justified and reasonable before giving it an OK.

According to Wilkening, the agency already has received a number of (g)(9) requests, one of which is from the Sioux Honey Association, headquartered in Sioux City, Iowa. The association is asking permission to use a smaller Nutrition Facts panel than that required in the regulations on the honey bear container. The label would be attached to a redesigned honey bear, now shown carrying front and back "billboards." One of the flat billboards, about 2 square inches, would be used for nutrition information. FDA received similar requests from several other groups that sell food in packages with limited label space, Wilkening said. As a result, in technical amendments published in August 1993, the agency added a new rule: Packages with less than 12 square inches available for nutrition labeling may use smaller type to present nutrition information. The Sioux Honey Association's redesigned honey bear would fall under that category, she said.

"There really is no place to put the nutrition label on the traditional honey bear," Wilkening acknowledged. "But there are several possibilities: The billboard approach with smaller type is one. A tag around the neck might be another. We'll just have to decide each on a case-by-case basis."

About the Author

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FDA is A United States government body that oversees medical devices, including contact lenses, intraocular lenses, excimer lasers and eyedrops. In the US, these products must be approved by the FDA before they can be marketed.