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Quick Reference Guide: Nutrition Claims for Dairy Products

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Quick Reference Guide: Nutrition Claims for Dairy Products QUICK-REFERENCE GUIDE to Nutrition Claims for Dairy Products QUICK REFERENCE GUIDE TO NUTRITION CLAIMS FOR DAIRY PRODUCTS ©2018 National Dairy Council The information provided herein is for informational purposes only. National Dairy Council, its officers, employees and agents, and its affiliated organizations, their officers, employees and agents (collectively “NDC”), express no opinion about the suitability for use of the information. Recipients should not rely on the information and should obtain appropriate legal advice to ensure compliance with labeling and advertising regulations related to the information provided. Although efforts are made to ensure that the information is complete and accurate, NDC cannot and does not offer any representation or warranty, express or implied, as to the accuracy, completeness, currency or suitability of the information. The regulatory materials and products referenced in this document are solely for purposes of illustration. Their use in this document is not intended to directly or indirectly endorse, support or advocate the claims, positions, assertions or contentions made in the cited materials, or to endorse or disparage any product cited. In no event shall NDC be liable for any damages whatsoever arising out of the use, inability to use, or the resulting use of information herein provided, whether based on warranty, contract, tort or any other legal theory, and whether or not advised of the possibility of such damages. All damages, including without limitation direct or indirect, special, incidental, consequential, or punitive are hereby excluded to the fullest extent allowed by law. Any and all liability for the content or any omissions from this information, including any inaccuracies, errors or misstatements is expressly disclaimed. Quick-Reference Guide to Nutrition Claims for Dairy Products Milk, cheese This Quick-Reference Guide made available by National Dairy Council provides a basic understanding of nutrition and health-related claims that represent potential and yogurt opportunities for use with milk1 and milk products. combined provide Milk, cheese, and yogurt combined provide 54% of calcium, 56% of vitamin D, 14% of potassium, 18% of protein, and at least 25% of vitamin A, vitamin B12, riboflavin, and phosphorus to the average American diet. The significant contribution of essential % nutrients is provided at an average daily energy contribution of 226 kcal/day, 15% of 54of calcium total fat, 27% of saturated fat, 11% of sodium, and only 3% of added sugars.2 Milk is a leading food source of nutrients of public health concern,3 including calcium, vitamin % D, and potassium,4 and with the vast body of scientific evidence supporting the role of 56 of vitamin D dairy foods in a healthy diet, there are many opportunities for claims. Consumers are increasingly taking personal responsibility for their health and are looking for new ways to eat that might support their wellness goals.5 The International % Food Information Council Foundation 2017 Food & Health Survey reported Americans 14 of potassium view healthy eating as getting the right mix of different food groups, including foods high healthy components or nutrients.6 When making claims on food labels or collateral materials, it is important to remember % that compliance with regulatory requirements and industry standards set forth by the 18 of protein U.S. Food and Drug Administration (FDA), the Federal Trade Commission (FTC) and and at least other governing agencies is critical. This reference guide is not a comprehensive guide to all federal, state, and city regulations and should not be considered as such. More information on FDA regulations can be found in the Code of Federal % Regulations, Title 21. All product-related claims must be substantiated and in 25 compliance with regulations before being used in labeling or advertising. As regulations of vitamin A, are subject to change over time, it is imperative that the most current regulations be consulted prior to making any claims. National Dairy Council strongly encourages any vitamin B12, riboflavin and company to obtain appropriate legal advice specific to its contemplated activities to phosphorous to ensure compliance with all applicable regulations prior to making any claims. the the average American diet About National Dairy Council National Dairy Council (NDC) is a non-profit organization founded by U.S. dairy farmers and funded by the dairy checkoff program. NDC is committed to nutrition research and education about dairy’s role in the diet and in health and wellness. NDC provides science-based dairy nutrition, food safety and product development information to, and in collaboration with, a variety of stakeholders committed to fostering a healthier nation, including health professionals, educators, school nutrition directors, academia and industry. Established in 1915, NDC comprises a staff of registered dietitians, and experts in nutrition research, product development, food safety, and communications across the country. NDC is committed to helping improve children’s health and wellness through programs such as Fuel Up to Play 60,7 which encourages youth to consume nutrient-rich foods and achieve at least 60 minutes of physical activity each day. 1 Milk is defined by regulation, see 21 CFR § 131.110 (a). 2 National Dairy Council. NHANES 2011-2014. Data Source: Centers for Disease Control and Prevention, National Center for Health Statistics, National Health and Nutrition Examination Survey Data. Hyattsville, MD: U.S. Department of Health and Human Services. http://www.cdc.gov/nchs/nhanes.htm. 3 Keast DR et al. Nutrients 2013;5:283-301; O’Neil CE et al. Nutrients 2012;4:2097-2120. 4 Low-fat milk provides 366 mg potassium per cup, 8% DV (USDA National Nutrient Database for Standard Reference Release 28, #01082). 5 Hartman Group Health & Wellness 2017. 6 International Food Information Council Foundation 2017 Food & Health Survey. 7 https://www.fueluptoplay60.com/ 1 QUICK REFERENCE GUIDE TO NUTRITION CLAIMS FOR DAIRY PRODUCTS Table of Contents Quick-Reference Guide to Nutrition Claims for Dairy Products ........................................................................................................1 Table of Contents ...........................................................................................................................................................................2 List of Tables ..................................................................................................................................................................................3 Regulatory Oversight ......................................................................................................................................................................4 Useful Resources ...........................................................................................................................................................................5 Select Definitions for U.S. Nutrient Goals ........................................................................................................................................6 FDA Rounding Rules ......................................................................................................................................................................8 Nutrient-Based Claims for Dairy ....................................................................................................................................................10 Using Daily Values on the Nutrition Facts Label .............................................................................................................................11 Reference Amounts Customarily Consumed (RACC) and Labeled Serving Size ............................................................................13 Disclosure Statements and Disqualifying Levels ...........................................................................................................................16 Abbreviations Permitted by Regulation..........................................................................................................................................17 Nutrient Content Claims................................................................................................................................................................18 Health Claims ...............................................................................................................................................................................28 Qualified Health Claims .................................................................................................................................................................32 Structure/Function Claims ............................................................................................................................................................33 Other Claims ................................................................................................................................................................................36 Fresh .................................................................................................................................................................................36 Genetically Engineered Ingredient Disclosure & Labeling ....................................................................................................37 Grass Fed ..........................................................................................................................................................................37
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