The Prevention of Misbranded Food Labeling: The Nutrition Labeling and Education Act of 1990 and Alternative Enforcement Mechanisms

Abstract

This article addresses the necessity for truthful, non deceptive labels on food for human consumption. Nondeceptive food labels, which the consumer ultimately deciphers, are crucial in today's marketplace. Public concern for truthful, non deceptive labels recently increased due to the proliferation of health-related claims which serve as a direct link to specific diseases. In response, Congress enacted comprehensive legislation which expressly addresses health-related claims and truth-in-Iabeling.

Prior to discussing the misbranded food label, this article provides an overview of the impetus for the Federal Food, Drug and Cosmetic Act [hereinafter FDCA]. Judicial decisions which evidence the support for nondeceptive food labels in terms of economic deception and misrepresentation are highlighted. In addition, a section-by-section analysis of the Nutrition Labeling and Education Act of 1990 is provided. This crucial legislation aims to alleviate the misleading and confusing information about food products. Finally, this article concludes with a discussion of suggested enforcement mechanisms. These recommendations provide an incentive for self-regulation.

Keywords: food labeling, misbranding, deceptive labeling, Food and Drug Administration, FDA, food

JEL Classification: K23, K32