FDA Issues Procedural Notice on Front-of-Package Labeling Research

Tuesday, January 31, 2023

On January 26, 2023, FDA issued a 60-day notice in the Federal Register of its intention to conduct an experimental study on consumer responses to front-of-package (FOP) labeling. Any collection of information conducted or sponsored by an agency requires such notice and solicitation of public feedback prior to submission to the Office of Management and Budget (OMB) for approval. 44 U.S.C. 3506(c)(2)(A)
FDA continues to explore options to create a healthier food supply and to empower consumers to make healthier choices including through FOP labeling. FOP labeling has already been adopted in both Canada and Mexico and the development of FOP labeling was included as part of the White House’s Hunger, Nutrition, and Health Strategy. In 2022 FDA conducted a review of the literature on FOP nutrition-related labels and conducted a set of focus groups to test FOP concepts and draft FOP schemes, and the results of this work will inform the experimental study.
The experimental study will test 3,000 adult consumer responses to a set of draft FOP schemes over 3 mock food products without providing any explanation of the FOP scheme. Further details regarding the study are available in the Federal Register notice.
As required by statute FDA is seeks comment on:

whether the proposed collection of information is necessary for the proper performance of FDA’s functions, including whether the information will have practical utility;
the accuracy of FDA’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
ways to enhance the quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.