Background: Label Claims for Foods

• 1990 Nutrition Labeling and Education Act (NLEA) was enacted
• Allowed for health claims based on significant scientific agreement (SSA) in food labeling.
• 1994 Dietary Supplement Health and Education Act (DSHEA) was enacted.
• Provided for structure/function claims, claims of general well-being, and nutrient deficiency claims in dietary supplement labeling
• 1999: Pearson vs. Shalala (US Appeals Court)
• 1st amendment protection of commercial speech
• FDA must permit claims that do not meet SSA, if properly qualified to prevent consumers from being misled.
• FDA issued letters of enforcement discretion for several claims as a result of the court decision