Comment
RE: Food Labeling: Front-of-Package Nutrition Labeling to Supplement the Nutrition Facts Label (Docket No. FDA-2024-N-2910)
Dear Dr. Kavanaugh: The National Association of State Departments of Agriculture appreciates the opportunity to comment on the Food and Drug Administration’s proposed rule regarding front-of-package nutrition labeling.
NASDA represents the elected and appointed commissioners, secretaries, and directors of agriculture in the 50 states and four U.S. territories. Our members are uniquely positioned at the intersection of agriculture, nutrition, and public health, overseeing key food safety programs and collaborating across federal, state, and local levels, while serving as essential connectors to local and regional food systems.
Role of State Departments in Labeling and Food Safety Regulation Landscape
The current U.S. food safety regulatory system is a shared responsibility of federal, state, and local partners. The FDA is responsible for ensuring that domestic and imported food products are safe, sanitary, nutritious, wholesome, and properly labeled. The primary statutes governing FDA’s activities are the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act. FDA establishes regulatory requirements and guidance to ensure food safety and prevent adulteration.
State, local, and county public health and agriculture departments contribute by conducting inspections of food establishments, performing laboratory analyses of foods, and taking enforcement action when violations pose an unacceptable risk to the public. FDA works with states to establish safety standards for food establishments and commodities and evaluates states’ performance in upholding these standards, including any applicable federal standards.
Support for Science-Based Food Labeling
We appreciate FDA’s recognition of the growing prevalence of diet-related chronic diseases and its prioritization of nutrition initiatives aimed at improving dietary patterns, consumption, and accessibility nationwide. NASDA commends FDA’s efforts to enhance transparency and make key nutritional information more accessible and easier for consumers to understand. Helping consumers quickly and easily identify how foods fit into a healthy diet is a shared goal.
While the proposed FOPNL offers valuable information on nutrients to limit in a healthy diet, it may not fully reflect current dietary guidance, which emphasizes overall dietary patterns and highlights the importance of consuming a variety of nutrient-dense foods, including:
- Protein sources
- Fruits and vegetables
- Grains, legumes, pulses, etc.
- Dairy
- Foods rich in calcium, potassium, vitamin D, and fiber (nutrients of public health concern).
NASDA urges FDA to carefully consider potential unintended consequences, such as discouraging the consumption of nutrient-dense foods that may also contain sodium, saturated fat, or added sugars, thereby inadvertently leading consumers to overlook or misinterpret the nutritional value of foods. Truncated front-of-package labeling may omit important context that is essential for consumers to accurately interpret the nutrition information presented. A diverse range of foods can meaningfully contribute to a balanced diet and support healthy dietary patterns when consumed in moderation as part of varied, nutrient-rich eating habits.
Enhancing Nutrition Education, Literacy, and Consumer Understanding
NASDA encourages ongoing coordination across federal, state, and local agencies to implement complementary and comprehensive strategies that enhance access to nutritious foods while promoting and fostering informed, balanced dietary choices, including:
- Nutrition education and literacy programs, such as SNAP-Ed and WIC
- Nutrition incentive programs, including the Gus Schumacher Nutrition Incentive Program, the Senior Farmers’ Market Nutrition Program, and the WIC Farmers’ Market Nutrition Program, which increase affordability and access to nutrient-dense foods
- Expanded access to fresh or nutritious foods from local and regional sources through federal flexible purchasing models coordinated with state departments of agriculture, for hunger relief organizations, school meals, and food-as-medicine programs.
Alignment among HHS, USDA, and other federal and state agencies is essential to effectively impact consumer information, choices, and consumption patterns. Consumers benefit when labeling systems are complemented by federal nutrition programs that provide meaningful context and consider affordability and access for consumers. Together, these efforts support informed choices that can improve overall physical, mental, and dietary well-being.
Assessing Cost and Operational Impacts on Food Supply Chains
NASDA urges careful consideration of the potential operational and cost impacts across supply chains and food systems—particularly on small and mid-sized food manufacturers and processors, local and regional food systems, and agricultural producers with limited packaging and marketing resources—as standardization efforts may disproportionately burden these stakeholders. Additionally, NASDA encourages FDA to consider potential unintended costs and the risk of shifting those costs onto consumers.
Ensuring Uniformity and Integrity in Food Labeling Standards
NASDA emphasizes the importance of consistent application of labeling requirements across all food products, whether domestic or imported. Currently, mandatory labeling and container requirements are not uniformly applied to imported goods, creating challenges related to uniform consumer food safety protections and equity in economic and regulatory obligations across the industry. We encourage the federal government to ensure all foods sold in the U.S. meet the same labeling and safety standards, regardless of origin.
Furthermore, NASDA supports regulations that are specifically authorized in federal law and that ensure food labeling is factual and science-based, promote transparency, and prevent disparagement of agricultural commodities or practices, particularly when educating consumers on nutrition and dietary guidance.
NASDA emphasizes the importance of consistency across all food products, whether produced domestically or imported. Currently, mandatory labeling and container requirements are not uniformly applied to imported goods, creating challenges in two key areas:
- Uniformity in consumer food safety protections
- Equity in economic and regulatory obligations across the industry.
Conclusion
NASDA appreciates FDA’s work to improve nutrition labeling and advance public health goals. As FDA finalizes the FOPNL rule, we urge that it be:
- Grounded in science and aligned with current dietary guidance
- Considerate of the full range of foods that support healthy eating patterns
- Considerate of unintended cost and implementation impacts on supply chains and consumers
- Consistent across domestic and foreign products to ensure regulatory fairness and consumer protection.
We especially emphasize the importance of collaborative efforts across federal, state, and local partners to ensure the success of any labeling initiative. Labeling systems must be supported by comprehensive nutrition education, increased consumer literacy, and increased access to affordable, nutrient-dense foods. These elements, when aligned, are critical to enabling informed choices and improving long-term health outcomes.
NASDA welcomes continued collaboration with FDA and other federal partners to build labeling policies that empower consumers, support public health, and protect the integrity of America’s food and agriculture systems.
Sincerely,
Ted McKinney
Chief Executive Officer
NASDA
