Long title | To amend the Federal Food, Drug, and Cosmetic Act to prescribe nutrition labeling for foods, and for other purposes. |
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Acronyms (colloquial) | NLE Act, "NL&E Act" |
Enacted by | the 101st United States Congress |
Effective | November 8, 1990 |
Citations | |
Public law | 101-535 |
Statutes at Large | 104 Stat. 2353 |
Codification | |
Acts amended | Federal Food, Drug, and Cosmetic Act |
Titles amended | 21 U.S.C.: Food and Drugs |
U.S.C. sections amended | Chapter 9 § 301 |
Legislative history | |
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United States Supreme Court cases | |
New York State Restaurant Association v. New York City Board of Health |
The Nutrition Labeling and Education Act (NLEA) (Public Law 101-535) is a 1990 United States Federal law. It was signed into law on November 8, 1990 by President George H. W. Bush. [1]
The law gives the Food and Drug Administration (FDA) authority to require nutrition labeling of most foods regulated by the Agency; and to require that all nutrient content claims (for example, 'high fiber', 'low fat', etc.) and health claims meet FDA regulations. [2] The act did not require restaurants to comply with the same standards.
The regulations became effective for health claims, ingredient declarations, and percent juice labeling on May 8, 1993 (but percent juice labeling was exempted until May 8, 1994). [2]
Effective Jan. 1, 2006, the Nutrition Facts Labels on packaged food products are required by the FDA to list how many grams of trans fatty acid (trans fat) are contained within one serving of the product. [1]
Senator Orrin Hatch of Utah introduced the Health Freedom Act of 1992 which would have blocked the FDA from using health claims as a reason to regulate dietary supplements as drugs. The senator said he "entered the controversy after hearing from constituents in his home state, including both consumers and makers of dietary supplements". Hatch stated that the FDA "can put anybody out of business if they want to." Hatch's bill did not get very far, but it encouraged Congress to pass the Dietary Supplement Act of 1992 (Public Law 102-571), which blocked the FDA from applying its forthcoming labeling rules for conventional foods to dietary supplements for another year, until the end of 1993. [3] [4]
The Nutritional Health Alliance, an industry lobby group, [5] claimed credit for getting the Dietary Supplement Act of 1992 passed. [3]
The United States Food and Drug Administration is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food safety, tobacco products, dietary supplements, prescription and over-the-counter pharmaceutical drugs (medications), vaccines, biopharmaceuticals, blood transfusions, medical devices, electromagnetic radiation emitting devices (ERED), cosmetics, animal foods & feed and veterinary products.
A dietary supplement is a manufactured product intended to supplement one's diet by taking a pill, capsule, tablet, powder, or liquid. A supplement can provide nutrients either extracted from food sources or that are synthetic in order to increase the quantity of their consumption. The class of nutrient compounds includes vitamins, minerals, fiber, fatty acids, and amino acids. Dietary supplements can also contain substances that have not been confirmed as being essential to life, but are marketed as having a beneficial biological effect, such as plant pigments or polyphenols. Animals can also be a source of supplement ingredients, such as collagen from chickens or fish for example. These are also sold individually and in combination, and may be combined with nutrient ingredients. The European Commission has also established harmonized rules to help insure that food supplements are safe and appropriately labeled.
A health claim on a food label and in food marketing is a claim by a manufacturer of food products that their food will reduce the risk of developing a disease or condition. For example, it is claimed by the manufacturers of oat cereals that oat bran can reduce cholesterol, which will lower the chances of developing serious heart conditions. Vague health claims include that the food inside is "healthy," "organic," "low fat," "non-GMO," "no sugar added," or "natural".
The Reference Daily Intake (RDI) used in nutrition labeling on food and dietary supplement products in the U.S. and Canada is 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 other countries, though not universally.
A nutraceutical or bioceutical is a pharmaceutical alternative which claims physiological benefits. In the US, "nutraceuticals" are largely unregulated, as they exist in the same category as dietary supplements and food additives by the FDA, under the authority of the Federal Food, Drug, and Cosmetic Act.
The United States Federal Food, Drug, and Cosmetic Act is a set of laws passed by Congress in 1938 giving authority to the U.S. Food and Drug Administration (FDA) to oversee the safety of food, drugs, medical devices, and cosmetics. A principal author of this law was Royal S. Copeland, a three-term U.S. senator from New York. In 1968, the Electronic Product Radiation Control provisions were added to the FD&C. Also in that year the FDA formed the Drug Efficacy Study Implementation (DESI) to incorporate into FD&C regulations the recommendations from a National Academy of Sciences investigation of effectiveness of previously marketed drugs. The act has been amended many times, most recently to add requirements about bioterrorism preparations.
Cranberry juice is the liquid juice of the cranberry, typically manufactured to contain sugar, water, and other fruit juices. Cranberry – a fruit native to North America – is recognized for its bright red color, tart taste, and versatility for product manufacturing. Major cranberry products include cranberry juice, dried cranberry, cranberry sauce, frozen cranberry, cranberry powder, and dietary supplements containing cranberry extracts.
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.
The health freedom movement is a libertarian coalition that opposes regulation of health practices and advocates for increased access to "non-traditional" health care.
The "jelly bean rule" is a rule put forth by the U.S. Food and Drug Administration (FDA) on May 19, 1994.
The Center for Food Safety and Applied Nutrition is the branch of the United States Food and Drug Administration (FDA) that regulates food, dietary supplements, cosmetics, drugs, biologics, medical devices, and radiological products.
Medical foods are foods that are specially formulated and intended for the dietary management of a disease that has distinctive nutritional needs that cannot be met by normal diet alone. In the United States they were defined in the Food and Drug Administration's 1988 Orphan Drug Act Amendments and are subject to the general food and safety labeling requirements of the Federal Food, Drug, and Cosmetic Act. In Europe the European Food Safety Authority established definitions for "foods for special medical purposes" (FSMPs) in 2015.
The Nutritional Health Alliance is an industry lobby group which lobbies United States lawmakers to pass industry friendly health legislation.
The regulation of food and dietary supplements by the U.S. Food and Drug Administration is a process governed by various statutes enacted by the United States Congress and interpreted by the U.S. Food and Drug Administration ("FDA"). Pursuant to the Federal Food, Drug, and Cosmetic Act and accompanying legislation, the FDA has authority to oversee the quality of substances sold as food in the United States, and to monitor claims made in the labeling about both the composition and the health benefits of foods.
Canadian health claims by Health Canada, the department of the Government of Canada responsible for national health, has allowed five scientifically verified disease risk reduction claims to be used on food labels and on food advertising. Other countries, including the United States and Great Britain, have approved similar health claims on food labels.
The Dietary Supplement Health and Education Act of 1994 ("DSHEA"), is a 1994 statute of United States Federal legislation which defines and regulates dietary supplements. Under the act, supplements are regulated by the FDA for Good Manufacturing Practices under 21 CFR Part 111.
Federal responsibility for Canadian food labelling requirements is shared between two departments, Health Canada and the Canadian Food Inspection Agency (CFIA). All labelling information that is provided on food labels or in advertisements, as required by legislation, must be accurate, truthful and not misleading. Ingredient lists must accurately reflect the contents and their relative proportions in a food. Nutrition facts tables must accurately reflect the amount of a nutrient present in a food. Net quantity declarations must accurately reflect the amount of food in the package. Certain claims, such as those relating to nutrient content, organic, kosher, halal and certain disease-risk reduction claims, are subject to specific regulatory requirements in addition to the prohibitions in the various acts. For claims that are not subject to specific regulatory requirements, the Canadian Food Inspection Agency (CFIA) and/or Health Canada provide interpretive guidance that assist industry in compliance.
Consumer Health Laws are laws that ensure that health products are safe and effective and that health professionals are competent; that government agencies enforce the laws and keep the public informed; professional, voluntary, and business organizations that serve as consumer advocates, monitor government agencies that issue safety regulations, and provide trustworthy information about health products and services; education of the consumer to permit freedom of choice based on an understanding of scientific data rather than misleading information; action by individuals to register complaints when they have been deceived, misled, overcharged, or victimized by frauds.
The Proxmire Amendments were a series of legislation that prohibits the Food and Drug Administration from monitoring and limiting the potency of vitamins and minerals found in dietary supplements. The Proxmire Amendment also made it so that food supplements could not be classified as drugs, making their sale possible without a prescription from a doctor. According to a study done, "dietary supplements fall into the following categories: vitamins, minerals, herbs or other botanicals, amino acids, animal-derived products, hormones and hormone analogs, enzymes, and concentrates, metabolites, constituents, or extracts of these." They can be used by anyone wishing to purchase them as much or as little as they desire. Dietary supplements can be used to increase productivity, treating illness, helping mental health such as depression and anxiety, enhancing mental abilities, building muscle, or losing weight, among many other uses. William Proxmire, a Senator for Wisconsin, was instrumental in influencing the passing the Proxmire Amendment. The Proxmire Amendment is also known as The Rogers-Proxmire Amendment of 1976, and The Vitamins and Minerals Amendments. This amendment became section 411 of the Federal Food, Drug, and Cosmetic Act.