Docket Management
Docket: 94P-0036 - Labeling of Trans Fatty Acids
Comment Number: EC -33

Accepted - Volume 67

Comment Record
Commentor Mr. Rocco Papalia Date/Time 2002-12-16 17:48:59
Organization Frito-Lay, Inc.
Category Company

Comments for FDA General
1. General Comments Dockets Management Branch (HFA-305) Food and Drug Administration Re: Docket No. 94P-0036; Food Labeling: Trans Fatty Acids in Nutrition Labeling, Nutrient Content Claims, and Health Claims; Reopening of the Comment Period; 67 Federal Register 69171, November 15, 2002 Dear Sir or Madam: Frito-Lay appreciates the opportunity to offer comments directed to the Federal Register notice on November 15, 2002, (67 Federal Register 69171) regarding the reopening of the comment period on trans fat labeling. Frito-Lay North America is headquartered in Plano, TX and is a division of PepsiCo, Inc. Frito-Lay makes and sells some of the largest brands of savory snack foods in America which includes Lay's potato chips, Ruffles potato chips, Doritos and Tostitos tortilla chips and Cheetos cheese flavored snacks. The company also offers a wide variety of low-fat, reduced fat and fat-free snacks. Frito-Lay has always supported the communication of sound science to the American Public. To this end, Frito-Lay participated in and financially supported research on the health effects of trans fatty acid consumption. Based on the science and the proposed Trans Fatty Acids in Nutrition Labeling, Nutrient Content Claims and Health Claims Docket No. 94P-0036 published in the Federal Register by the FDA on November 17, 1999, Frito-Lay has been engaged in an effort to reduce or eliminate trans fatty acids from our core snack foods. In September of this year Frito-Lay issued a press release announcing the elimination of trans fatty acids from Doritos, Tostitos and Cheetos and our commitment to providing a wide variety of new snack foods with improved nutritional value. Frito-Lay fully supports FDA's pronouncement that it will consider the exercise of its enforcement discretion for food processors that elect to follow the proposed trans fat presentation rule. Frito-Lay understands that there is concern in the food industry over the exact wording of the footnote in the Daily Value column for trans fatty acid and that the proposed wording may not be the final version. It is our intention to move forward with trans fat labeling as proposed in 67 FR 69171 to communicate to consumers that we have eliminated the use of partially-hydrogenated frying oils in many of our snack product to remove trans fatty acids. We are fully aware that we will be required to update our labeling if wording or labeling requirements are changed in the final rule. In conclusion, Frito-Lay recognizes that there remain unresolved issues regarding the communication of consumer guidance on trans fatty consumption in a healthy diet, but we feel it is important to commend the FDA on moving forward with the proposal to label trans fatty acids to begin the consumer awareness and education process. Sincerely, Rocco Papalia Senior Vice President Research and Development CC: Robert Drotman Robert Brown

EC -33