Under Fire, Heart Assn. Drops Food-Labeling Plan

The American Heart Assn. on Monday canceled its beleaguered food-labeling program, HeartGuide, because of strong opposition by the federal government, which plans to initiate its own food labeling regulations.

HeartGuide, which was widely criticized by consumer groups and some segments of the food industry, took three years to plan but survived just two months. The demise of the program could cost the American Heart Assn. between $3 million and $4 million, said AHA spokeswoman Vicki Anderson.

HeartGuide was designed to test processed foods for total fat, saturated fat, cholesterol and sodium and to label those that met the organization’s criteria for good dietary health. Approved foods received an AHA seal of approval designed to catch the eye of shoppers.

Opponents in the food industry were particularly critical of the financial aspects of the program. Participating food manufacturers were charged fees--up to $640,000 per product, per year--for testing and consumer education.

Although HeartGuide was to have been self-supporting, the nonprofit AHA may be unable to recover money used to start the program, Anderson said. However, the part of the HeartGuide program that deals with consumer education and regulatory matters will be retained but revamped.

In dropping the food-labeling segment of their program, AHA leaders said that the responsibility of providing consumers with a comprehensive, easy-to-use food-labeling program will fall to the Food and Drug Administration.

“We’ve said from the beginning that if the FDA would propose changes in food labeling we would modify the (HeartGuide) program,” Anderson said. “The one thing we have stated, both publicly and to the FDA, is that the momentum has started. We will continue to see that it goes in a form that meets the consumers’ needs.”

The FDA’s plan for mandatory food labeling was announced on March 7 by Health and Human Services Secretary Louis W. Sullivan. The plan, which has not been finalized, would analyze a number of food characteristics, including some of those measured by HeartGuide.

“We will be vigilant; we will be watching developments closely to ensure the FDA moves quickly to meet American consumers’ needs,” said Dr. Myron L. Weisfeldt, president of AHA and chief of cardiology at the Johns Hopkins Medical Institutions in Baltimore. “The primary goal is still to help Americans improve the way they select and prepare foods, and ultimately reduce their risk of heart disease.”

The government food-labeling plan was the second of two fatal blows to HeartGuide, Anderson said.

Just before the Feb. 1 start-up date, the FDA threatened to take legal action against the AHA if the program was implemented. In a letter to the association, James Benson, acting FDA commissioner, said he objected to the use of a non-governmental endorsement and suggested that the HeartGuide seal could be in violation of existing FDA regulations.

The letter led some food manufacturers to withdraw from the HeartGuide program.

But, according to some observers, HeartGuide was already wounded before the FDA stepped in. Food manufacturers objected to the high fees charged to enroll in the program, which they claimed would exclude small food companies that could not afford high fees.

Consumer groups agreed that products without seals might be construed as “bad” foods, simply because their manufacturers could not afford the AHA fees. They also feared that consumers might consider the labels as licenses to eat as much of a particular food as they wanted, said Jayne Hurley, a nutritionist with the Center for Science in the Public Interest, a consumer advocacy group in Washington.

The U.S. Department of Agriculture, also claiming that the HeartGuide system would only confuse consumers, refused to allow manufacturers of processed foods containing meat and poultry to enroll in the program.

“We feel the demise of this program provides a good reason to push for legislation for the FDA to overhaul food labeling in this country,” Hurley said. “We’re concerned that the FDA won’t go far enough and do it soon enough.”

Like the heart association’s plan, the FDA regulations would require information on total fat, saturated fat, fiber, cholesterol and calories based on a standard serving size. It would require nutritional information on most foods with the exception of foods of limited nutritional value. The proposed FDA plan, which requires public comment before it can be implemented, may also require grocery stores to carry information on fresh fruits and vegetables.

The FDA also plans to clarify the meaning of labels that attest to “low fat” or “high fiber.” According to FDA spokesman Don McLearn, the program would be implemented in three stages and would be fully operational by the end of next year.

Currently, nutritional labels are largely optional and vary in what is listed.

McLearn said the FDA will welcome suggestions from the American Heart Assn. on how to present nutritional information to consumers that will be easy to understand at a glance.

“There is no question that there is a great need for better food labeling,” McLearn said. “We’re pleased that the American Heart Assn. responded to our concerns in a responsible manner.”

The government’s plan is also not without critics. Food manufacturers, for instance, have objected to a stipulation that would allow state governments to impose their own food-labeling regulations in addition to the federal regulations.

But many of those involved say the government’s proposed plan has a better chance than HeartGuide of succeeding, “because (the FDA’s plan) is nationwide, and it’s not selective,” McLearn said.

New food-labeling laws will also cost manufacturers, however.

“Relabeling is going to be very expensive, but it’s across-the-board,” McLearn said. “And we’ve had a lot of response from industry that they want a level playing field.”

As for HeartGuide, manufacturers of the 100 products who have already paid fees for the seal of approval will receive refunds. FDA officials indicated they will permit products that already have been labeled to be shipped.

According to Anderson, “manufacturers will not lose any inventory as a result of this.” Very few products have appeared in retail stores thus far.

At least some manufacturers were not surprised by Monday’s announcement from the heart association. For instance, CPC International, the New Jersey-based parent company of several products submitted to HeartGuide, pulled out of the program in early February after the FDA’s threat of legal action.

“We thought the American Heart Assn. had good intentions. But we pulled out after the FDA announced its objections,” said William C. Parker, director of public relations for CPC International.

Parker said the company, which makes Devonsheer Melba Toast and Mazola oils, spreads and cooking sprays under its Best Foods division, will not lose money from its brief association with HeartGuide.