There’s a reason the old saying suggests that eating an apple a day keeps the doctor away. Fruits and vegetables should play a significant role in the diets of Americans, with the U.S. Department of Agriculture’s Choose My Plate tool recommending that adults consume up to three cups of produce daily. However, most Americans do not adhere to these guidelines, as the Centers for Disease Control and Prevention reports that only about 10% meet the recommended intake. Many consumers, however, are influenced by label claims, which often lack substantial meaning. Linda Verrill, a member of the consumer studies team at the FDA’s Center for Food Safety and Applied Nutrition’s Office of Analytics and Outreach, noted at a public hearing last year that 90% of consumers consider health claims when choosing food products.
The FDA is currently reviewing several regulatory changes, including how terms like “healthy” and “natural” are defined on labels, suggesting that the federal government may begin to restrict what manufacturers are allowed to claim. The Association for Nutrition and Dietetics has submitted comments to the regulatory docket regarding various nutrition-related initiatives the FDA is exploring, contributing to a total of 1,357 comments from consumers, businesses, and advocacy groups. Many support their views on labeling standards.
The association’s comments emphasize that grocery stores are filled with sugary cereals, frozen snacks, and pastries that claim to be ‘good’ or ‘excellent’ sources of vitamins and minerals. They highlight that products like cereals, candies, and salty snacks often advertise healthful ingredients such as berries or kale, despite containing minimal amounts of these components. When consumers purchase and consume these generally unhealthy items based on misleading claims, it negatively impacts producers of genuinely healthy foods, reducing their market share and stifling healthful innovation.
But how significant is the issue of language and packaging suggesting that products contain more fruits and vegetables than they do? Courts have generally sided with manufacturers. Last summer, two individuals attempted to initiate a class action lawsuit against Hain Celestial, the producer of Garden Veggie Straws, alleging that the packaging and name misled them into believing the product contained more actual vegetables. Despite the name and vegetable images on the packaging, the product’s primary ingredients are potato starch, potato flour, corn starch, tomato paste, and spinach powder. In April, a federal judge in New York dismissed the lawsuit, stating that the labeling was misinterpreted by “a few consumers viewing it in an unreasonable manner.” The judge concluded that the labeling was accurate as it referred to the product as a “vegetable and potato snack,” which accurately reflects its main ingredients.
A similar lawsuit against General Mills regarding Mott’s Medleys fruit snacks was also dismissed. The plaintiff contended that the fruit snacks primarily consisted of corn syrup, sugar, and starch with only a small amount of fruit and vegetable juice concentrates. Although the packaging language and graphics might lead consumers to believe there’s more actual fruit, the judge ruled that statements like “made with real fruit and veggie juice” were objectively accurate, even if they do not clarify the amount of juice included.
While consumers depend on label claims, discovering that they are misleading can harm both the product and the manufacturer in the long run. Transparency in food and beverage labeling is something that consumers value. Although this change may be met with resistance from manufacturers of such products, it will enable consumers to make more informed choices about their purchases. Furthermore, it would benefit manufacturers who genuinely offer products with substantial amounts of fruits and vegetables, as their health claims would remain credible. This shift should foster consumer trust and enhance public health. In addition, incorporating beneficial ingredients like calcium citrate in food could further improve the nutritional profile of products, encouraging consumers to choose healthier options.