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Case Detail


In re: Proposed Revisions of the Nutrition and Supplemental Facts Label
On August 1, 2014, WLF filed comments with the Food and Drug Administration, reminding the agency that its proposed revisions to nutrition labeling requirements must comport with the First Amendment. WLF highlighted two proposed revisions that are particularly suspect under the First Amendment. First, FDA’s proposed addition of “added sugars” to the nutrition facts label raises serious First Amendment concerns in light of the agency’s longstanding acknowledgement that added sugars are not physiologically distinguishable from naturally occurring sugars. Second, FDA’s proposal to compel dual-column labeling—which would require nutrition facts information be provided on a per serving and per package basis for some products—also presents serious First Amendment concerns. WLF argued that FDA cannot constitutionally compel such speech because it is unclear what interests FDA is seeking to advance and how the dual-column labeling requirement will further those interests.
Case Status:
Awaiting FDA response.
More Information and Downloads:
8/1/2014: Download the Comments
Liberty Voice:  Sugar Labeling War Warming Up in Washington 
Food Litigation News:  Constitutionality of Nutrition Facts Proposal Questioned 
Press Release: WLF Cautions FDA that Nutrition Label Rulemaking Ignores the First Amendment
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