Jelly bean rule

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The "jelly bean rule" is a rule put forth by the U.S. Food and Drug Administration (FDA) on May 19, 1994 and Matty G.

Contents

It says that just because foods are low in fat, cholesterol, and sodium, they cannot claim to be "healthy" unless they contain at least 10 percent of the Daily Value (DV) of: vitamin A, vitamin C, calcium, protein, fiber, or iron. The FDA also made a policy that companies could not fortify foods with the sole intent of making that claim. [1]

History

The Nutrition Labeling and Education Act (NLEA) is a United States Federal law that was signed in 1990. This law regulates nutrition labeling and nutrient content claims on foods regulated by the FDA. In 1993, health claim regulations were implemented to the NLEA. According to the NLEA, under 21 CFR §101.14(e)(6), [2] the general criteria that all health claims had to meet were:

(Taken directly from Health Claims Chart)

The rule stating that food had to contain 10 percent DV without fortification of one of the six nutrients (Vitamin A, Vitamin C, Iron, Calcium, Protein, and Fiber) is commonly referred to as the "jelly bean rule".

In 1993, the FDA amended the Act, recognizing that it prohibited certain healthy foods from making important health claims. Foods such as fruits and vegetables, enriched grain products, and most breads were exempted from this rule. Another claim exempted from the "jelly bean rule" was the health claim that sugar alcohols could lead to dental cavities prevention. [3] [4]

Coca-Cola

In 2009, the Center for Science in the Public Interest (CSPI), filed a lawsuit against The Coca-Cola Company for violating the Jelly Bean Rule. Coca-Cola was accused of making "deceptive and unsubstantiated claims" on its line of VitaminWater beverages. [5] In the trial, the judge found the claims made on the packaging of VitaminWater to be misleading to consumers, leading them to believe that the consumption of the beverage would prevent disease, and provide general health. [6] Examples of such statements can be found on the "defense" flavour, which says on its packaging "… this combination of zinc and fortifying vitamins can help out … and keep you healthy as a horse". The "focus" flavour says on its label that it contains vitamins and other nutrients that have been scientifically proven to reduce the risk of eye disease. [5]

The name VitaminWater itself was found to be deceptive, as it leads consumers to believe that it contains only vitamins and water, [6] while in fact it contains 33 grams of sugar per bottle.[ citation needed ] This is comparable to a can of Coca-Cola, which contains 39 grams of sugar.[ citation needed ] CSPI states that the harmful impact of the 33 grams of sugar, such as obesity, diabetes, and other conditions, easily outweighs the benefits of the nutrients added to VitaminWater. [5] In defense, Coca-Cola argued that the nutritional label clearly showed the amount of sugar found in each bottle, and that consumers could thus not be misled.

In 2010, Coca-Cola's motion to dismiss the lawsuit was denied. On April 7, 2016, the United States District Court for the Eastern District of New York gave its final approval to a settlement agreement barring Coca-Cola from making these health claims; in addition VitaminWater bottles will have to prominently display the words "with sweeteners" on their labels. [7]

Related Research Articles

<span class="mw-page-title-main">Dietary fiber</span> Portion of plant-derived food that cannot be completely digested

Dietary fiber or roughage is the portion of plant-derived food that cannot be completely broken down by human digestive enzymes. Dietary fibers are diverse in chemical composition and can be grouped generally by their solubility, viscosity and fermentability which affect how fibers are processed in the body. Dietary fiber has two main subtypes: soluble fiber and insoluble fiber which are components of plant-based foods such as legumes, whole grains, cereals, vegetables, fruits, and nuts or seeds. A diet high in regular fiber consumption is generally associated with supporting health and lowering the risk of several diseases. Dietary fiber consists of non-starch polysaccharides and other plant components such as cellulose, resistant starch, resistant dextrins, inulins, lignins, chitins, pectins, beta-glucans, and oligosaccharides.

A nutrient is a substance used by an organism to survive, grow and reproduce. The requirement for dietary nutrient intake applies to animals, plants, fungi and protists. Nutrients can be incorporated into cells for metabolic purposes or excreted by cells to create non-cellular structures such as hair, scales, feathers, or exoskeletons. Some nutrients can be metabolically converted into smaller molecules in the process of releasing energy such as for carbohydrates, lipids, proteins and fermentation products leading to end-products of water and carbon dioxide. All organisms require water. Essential nutrients for animals are the energy sources, some of the amino acids that are combined to create proteins, a subset of fatty acids, vitamins and certain minerals. Plants require more diverse minerals absorbed through roots, plus carbon dioxide and oxygen absorbed through leaves. Fungi live on dead or living organic matter and meet nutrient needs from their host.

<span class="mw-page-title-main">Human nutrition</span> Nutrients supporting human health

Human nutrition deals with the provision of essential nutrients in food that are necessary to support human life and good health. Poor nutrition is a chronic problem often linked to poverty, food security, or a poor understanding of nutritional requirements. Malnutrition and its consequences are large contributors to deaths, physical deformities, and disabilities worldwide. Good nutrition is necessary for children to grow physically and mentally, and for normal human biological development.

<span class="mw-page-title-main">Dietary supplement</span> Product providing additional nutrients

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In the U.S. and Canada, the Reference Daily Intake (RDI) is used in nutrition labeling on food and dietary supplement products to indicate the daily intake level of a nutrient that is considered to be sufficient to meet the requirements of 97–98% of healthy individuals in every demographic in the United States. While developed for the US population, it has been adopted by Canada.

<span class="mw-page-title-main">Powerade</span> Sports drink brand

Powerade is a sports drink created in 1988 and sold by the Coca-Cola Company. Its primary competitor is Gatorade, which is owned by PepsiCo since 2001.

<span class="mw-page-title-main">Cat food</span> Food for consumption by cats

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<span class="mw-page-title-main">Five Alive</span> Line of fruit juice blends

Five Alive is a line of fruit juice blends created by Minute Maid, a subsidiary of The Coca-Cola Company. Both the name and the five colors of the logo refer to the five fruit juices each variety contains.

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Energy Brands, also doing business as Glacéau, is a privately owned subsidiary of The Coca-Cola Company based in Whitestone, Queens, New York, that manufactures and distributes various lines of drinks marketed as enhanced water. Founded in May 1996 by J. Darius Bikoff with an electrolyte enhanced line of water called Smartwater, Energy Brands initially distributed its products to health food stores and independent retailers in the New York area. Adding Fruitwater and Vitaminwater to its line in 1998 and 2000, respectively, the company expanded to nationwide distribution in the early 2000s.

<span class="mw-page-title-main">Milk substitute</span> Alternative substance that resembles milk

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<span class="mw-page-title-main">Natural food</span> Food labeling and marketing term

Natural food and all-natural food are terms in food labeling and marketing with several definitions, often implying foods that are not manufactured by processing. In some countries like the United Kingdom, the term "natural" is defined and regulated; in others, such as the United States, the term natural is not enforced for food labels, although there is USDA regulation of organic labeling.

<span class="mw-page-title-main">Nutrition facts label</span> Table of nutrition facts on food labels

The nutrition facts label is a label required on most packaged food in many countries, showing what nutrients and other ingredients are in the food. Labels are usually based on official nutritional rating systems. Most countries also release overall nutrition guides for general educational purposes. In some cases, the guides are based on different dietary targets for various nutrients than the labels on specific foods.

<span class="mw-page-title-main">Diet Coke Plus</span> Variant of Diet Coke

Diet Coke Plus was a formulation of Diet Coke fortified with vitamins and minerals. It is sweetened with a blend of aspartame and acesulfame potassium.

<span class="mw-page-title-main">Nutrition Labeling and Education Act of 1990</span> US law

The Nutrition Labeling and Education Act (NLEA) is a 1990 United States Federal law. It was signed into law on November 8, 1990 by President George H. W. Bush.

Dietary Reference Values (DRV) is the name of the nutritional requirements systems used by the United Kingdom Department of Health and the European Union's European Food Safety Authority.

A health claim found on a food labels and in food marketing is a claim by a food manufacturer that their product will reduce the risk of developing a disease or condition.

Critics and competitors of high-fructose corn syrup (HFCS), notably the sugar industry, have for many years used various public relations campaigns to claim the sweetener causes certain health conditions, despite the lack of scientific evidence that HFCS differs nutritionally from sugar. The HFCS industry has tried to respond to these campaigns with their own efforts.

Vitamin B<sub>3</sub> Class of chemically related vitamers

Vitamin B3, colloquially referred to as niacin, is a vitamin family that includes three forms, or vitamers: niacin (nicotinic acid), nicotinamide (niacinamide), and nicotinamide riboside. All three forms of vitamin B3 are converted within the body to nicotinamide adenine dinucleotide (NAD). NAD is required for human life and people are unable to make it within their bodies without either vitamin B3 or tryptophan. Nicotinamide riboside was identified as a form of vitamin B3 in 2004.

<span class="mw-page-title-main">Sugar marketing</span> Marketing of sugar

Sugar is heavily marketed both by sugar producers and the producers of sugary drinks and foods. Apart from direct marketing methods such as messaging on packaging, television ads, advergames, and product placement in setting like blogs, industry has worked to steer coverage of sugar-related health information in popular media, including news media and social media.

References

  1. ↑ Nestle, Marion (2003) [2002]. Food Politics (First paperback ed.). Berkeley and Los Angeles: University of California Press. pp.  256–258. ISBN   0-520-24067-7.
  2. ↑ "21 C.F.R. 101.14". National Archives. Retrieved 2023-09-27.
  3. ↑ Mäkinen, K. K. (2010). "Sugar Alcohols, Caries Incidence, and Remineralization of Caries Lesions: A Literature Review". International Journal of Dentistry. 2010: 981072. doi: 10.1155/2010/981072 . PMC   2836749 . PMID   20339492.
  4. ↑ "Archived copy" (PDF). Food and Drug Administration . Archived (PDF) from the original on 2017-05-18. Retrieved 2019-12-16.{{cite web}}: CS1 maint: archived copy as title (link)
  5. 1 2 3 "Coke Sued for Fraudulent Claims on Obesity-Promoting "VitaminWater"". Center for Science in the Public Interest. 2009-01-15. Archived from the original on 2012-07-28. Retrieved 2019-06-11.
  6. 1 2 "Judge Ruling re: Vitaminwater Case, 2010" (PDF). Center for Science in the Public Interest. 2010-07-21. Retrieved 2019-06-11.
  7. ↑ "Vitaminwater Settlement Approved by Court". Center for Science in the Public Interest. 2016-04-08. Retrieved 2020-01-05.
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