3. May FDA distinguish claims concerning conventional foods from those relating to dietary supplements, taking into account limits on claims that can be made about foods in the Nutrition Labeling and Education Act, 21 U.S.C. 301, 321, 337, 343, 371? What must an administrative record contain to sustain or deny claims on food labels? How can information best be presented in a succinct but non-misleading fashion? To what extent do assertions in claims need qualifications or disclaimers added to the label to avoid any misconceptions that consumers may draw? Is there a basis to believe that consumers approach claims about conventional foods and dietary supplements differently?
From the perspective of the Food Certification Program at the American Heart Association, we support what the FDA is currently doing in terms of requiring significant scientific agreement before a health claim can be made on food product packaging. Relaxing this standard could result in consumer confusion, as consumers may not be able to accurately evaluate the scope and credibility of the supporting science on their own.