In my column last month, I highlighted the funding and eligibility battle brewing over the Supplemental Nutrition Assistance Program (SNAP). I mentioned Republican Representative Dusty Johnson’s (R-SD) proposal to expand SNAP work requirements and commented upon supporting statements made by several of his well-known Senate Republican peers. Joining the group of Republicans recently was Johnson’s cohort, Minority Whip John Thune (R-SD), who voiced support saying that the work requirements plan was reasonable and created savings in the farm bill. Well, all these most recent comments have created an anticipated firestorm especially among Democrats including House Ag Committee ranking member David Scott (D-GA). Then, to add fire to the political firestorm was a dramatic announcement made recently by House Speaker Kevin McCarthy (R-CA) while he was in New York City on a Wall Street sidewalk calling for strengthening work requirements for SNAP as part of a debt limit deal supposedly made with the White House.
After the Wall Street drama had ended, Agriculture ranking Democratic member Scott was furious and said, “The ransom note that Speaker McCarthy unveiled last month in front of a crowd of Wall Street bankers is dead on arrival. Let me be perfectly clear, holding food assistance hostage for those who depend on it, including 15.3 million of our children, 5.8 million of our seniors, and 1.2 million of our veterans, in exchange for increasing the debt limit is a non-starter. Republican attempts to punish low-income families to pay for tax cuts they pushed through under President Trump will not result in self-sufficiency; it will only increase hunger for our American people….and will not spur economic growth.” McCarthy’s plan to tighten food assistance as part of the debt limit deal has already met with doubt in the Senate. It will be a difficult tightrope to walk before a final deal is reached. And SNAP is caught right in the middle. If the Republicans come up empty-handed, they will get another chance later this year during the farm bill reauthorization process. So, stay tuned.
New FTC Warning to Retailers
The Federal Trade Commission (FTC) is putting food retailers on notice that they should avoid deceiving consumers with advertisements that make product claims that cannot be backed up or substantiated. The FTC warned that it will not hesitate to use its authority to target violators with large civil penalties.
Under FTC law, companies must back up claims about what their products can do with reliable evidence. If a company makes a claim about the health or safety benefits of a product, that claim must be based on scientific evidence. The FTC reported last month that it has sent notices of penalty offenses to approximately 670 U.S. companies involved in the marketing of OTC drugs, homeopathic products, dietary supplements or functional foods, and has placed these firms on official notice of violations. You and your advertising staff can learn more at consumer.ftc.gov.
More Consumer GMO Info Available
The Food and Drug Administration (FDA) has just released new “Feed Your Mind” educational materials to provide additional science-based information on genetically modified organisms (GMOs) for consumers. If you have an active and engaged consumer affairs program within your company, this new FDA initiative may be of interest to you. For those of you who are familiar with GMOs, you may recall that “Feed Your Mind” was an education initiative launched in 2020 to help increase consumer understanding of GMOs and was developed in partnership with USDA as well as the Environmental Protection Agency (EPA). Confusion about GMOs still exists among shoppers today.
Now that the” Feed Your Mind” initiative has been updated, there are a variety of new materials available for consumers including updated factsheets, infographics, and videos. FDA is also making the materials available in Spanish. Funding for the “Feed Your Mind” project was initially provided by Congress in the Consolidated Appropriations Act of 2017 with the goal of conducting consumer outreach and educational initiatives about agricultural biotechnology and biotechnology derived food products. Most recently, additional funds were provided to the GMO project through subsequent Appropriations bills. There is no cost to take advantage of the new outreach educational materials.
Online Grocery Shopping
Practically all food retailers that offer online shopping have experienced solid increases in online purchases. The increased volume of online shopping was initially spurred on by the pandemic. More individuals and family breadwinners started to work from home and busy families with time-constraints also led to increases with online shopping. This trend continues today. Now, the FDA has just issued a Request for Information (RFI) to learn more about the content, format, and accuracy of food labeling information provided through online grocery shopping platforms. FDA says that the RFI will help the agency improve consumer access to consistent and accurate labeling information for packaged foods sold online.
Online grocery sales exploded during the COVID-19 pandemic, growing from $62 billion in 2019 to $96 billion in 2020. This number continues to grow, with online grocery orders expected to make up more than 20 percent of all U.S grocery sales this year. Thus, the FDA is asking stakeholders about what nutrition ingredients, and major food allergens labeling information, is available through online grocery shopping platforms. The agency is interested in learning from industry, consumer advocacy groups, and consumers about how food labeling information is presented. If you want to present your viewpoint, submit e- comments electronically on Regulations.gov to docket number FDA-2023-N-0624.
FDA Reopens Comment Period On Plant-based ‘Milk’ Labels
I wrote about this issue last month. What has changed is that the FDA is reopening the public comment period on draft guidance for labels on plant-based ‘milk’ products. The reason is that the “real milk” industry advocates have continued to strongly challenge and question so-called plant-based ‘milk’ labels. “FDA is reopening the comment period in response to requests from stakeholders to allow additional time for interested persons to develop and submit comments,” according to the agency.
The draft recommendations are for the milk and beverage industry aimed at the naming of plant-based beverages that are marketed and sold as alternatives to milk. The draft guidance also recommends voluntary nutrient statements for the labeling of some plant-based milk alternatives. Comments should be submitted electronically on Regulations.gov and identified with the docket number FDA-2023-D-0451.
Salt Substitutes
The FDA is proposing a new rule to permit salt substitutes in order to reduce sodium in standardized foods. The proposed rule to amend the standards of identity (SOI) to permit the use of salt substitutes in foods for which salt is required, or for optional ingredients, is available via the Federal Register. The comment due date is August 8, 2023. And like the method for submitting comments with the above online shopping and milk alternatives issues, you may submit your e-comments on Regulations.gov identified with the docket number HFA-305 or mail your comments to FDA at 5630 Fishers Lane, Room 1061, Rockville, MD 20852.
The proposed rule is part of the Biden-Harris administration’s “National Strategy on Hunger, Nutrition, and Health” to end hunger and reduce diet-related diseases by 2030. “This approach may help reduce Americans’ sodium intake and lower their risk of hypertension, a leading cause of heart disease and stroke,” said FDA Commissioner Robert Califf.
New Food Traceability Video Available
Food Safety News has reported that the Institute of Food Technologists (IFT) has launched a new video series aimed at helping food companies prepare for the FDA Food Traceability Rule. The rule is intended to facilitate more efficient recalls during a foodborne illness outbreak by requiring a standardized approach to capturing and sharing product identification and movement date throughout the food chain. IFT believes that the new series will aid companies in complying with the rule, which requires all products covered to be in compliance by January 20, 2026. For more information, go to the IFT website at www.ift.org.
Barry Scher is associated with the public policy firm of Policy Solutions LLC and can be reached at Bscher@policy-solutions.net
