Requirements for food labeling are designated by two acts: the Federal Food, Drug, and Cosmetic Act, and the Fair Packaging and Labeling Act. The Secretary of Health and Human Services and the Federal Trade Commission enforce the Fair Packaging and Labeling Act, while the Food and Drug Administration enforces the Federal Food, Drug, and Cosmetic Act.
Fair Packaging and Labeling Act
Originally enacted on November 3, 1966, the Fair Packaging and Labeling Act (FPLA) became effective on July 1, 1967. It requires labels on all products to state the identity of the product, the name and place of the manufacturer, packer or distributor, plus the net quantity of contents in metric units and inch or pound units.
FPLA Application
The FPLA applies to all consumer commodities, including food products. Consumer commodities are defined as all products packaged for retail sale to individuals that are consumed or expended when used. The FPLA governs the sale of all packaged foods except for meats, alcoholic beverages and seeds, which are explicitly exempt.
Food, Drug, and Cosmetic Act
Passed into law by Congress in 1938 to replace the Pure Food and Drug Act of 1906, the Federal Food, Drug, and Cosmetic Act (FDCA) gives the U.S. Food and Drug Administration (FDA) the authority to oversee the safety of food, drugs and cosmetics sold to U.S. consumers. Through its amendments, the FDCA requires all packaged foods to contain nutritional labeling for consumer knowledge and safety.
FDCA Application
Under the Federal Food, Drug, and Cosmetic Act, food labeling is required for all prepared foods, such as breads, cereals, canned foods, frozen foods, snacks, desserts, drinks, candy and other packaged foods, but it is voluntary for raw fruits, dried fruits, raw vegetables and fish.
Dietary Supplements
Dietary supplements, such as vitamins, have separate labeling requirements. Under the Dietary Supplement Health and Education Act (DSHEA), it is the manufacturer's responsibility to ensure dietary supplements are safe prior to marketing. The FDA is only responsible for taking action against unsafe dietary supplements once they are on the market, since manufacturers do not need prior FDA approval. However, the DSHEA does require manufacturers label their supplements accurately with truthful information that is not misleading to the consumer.
