Loading...
HomeMy WebLinkAboutItem 12b - Front-of-Package Labeling DATE: May 2, 2023 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Justine Bruno, Deputy City Manager SUBJECT: REPORT, DISCUSSION, AND DIRECTION REGARDING FRONT-OF- PACKAGE LABELING FOR FOOD PRODUCTS CEQA: Not a Project Recommendation: Provide Direction SUMMARY At the regular City Council meeting on March 21, 2023, Mayor Pro Tem Verlato received support to place the topic of front-of-package food labeling on a future City Council Agenda. This agenda item brings forward the topic of front-of-package labeling and potential options for the City Council to consider in support of this initiative. At the conclusion of the discussion, it is recommended that the City Council provide direction regarding any desired action related to front-of-package food labeling. BACKGROUND The desire to inform and protect consumers has been a priority of the government for many decades. Labels bearing information that identify the product, the net quantity, and associated manufacturer have been required in the U.S. since 1967, under the Fair Packaging and Labeling Act. Since then, more federal legislation has been enacted to further inform consumers about their purchases. The 1990 Nutrition Labeling and Education Act (“NLEA”) marked the first-time food packages were required to contain standardized information as in the number of calories, serving size, amount of fats, carbohydrates, sugars, sodium, etc., on the product. These efforts are designed to encourage consumers to make healthier choices through the display of nutritional labels. Any additional food labeling beyond what was required through the NLEA in 1990 is entirely voluntary, as in the case of ‘Facts up Front’. This initiative has been in place for more than a decade and aims to relocate and simplify nutritional information for packaged food products. This effort was led by the Consumer Brands Association and the Food Marketing Institute and seeks to make Report, Discussion, and Direction – Front of Label Packaging May 2, 2023 Page 2 of 4 product comparisons and healthy choices easier for consumers. An example of this in practice is the calories listed on the front of a can of soda in large font. Along those lines and expanding on the concept, the initiative to implement front-of- package labeling has been gaining momentum recently. In 2022, the Biden-Harris Administration declared its interest in pursuing a standardized, front-of-package food labeling system. This declaration was accompanied by numerous petitions sent to the Food and Drug Administration (“FDA”) from the Center for Science in the Public Interest; the Association of SNAP Nutrition Education Administrators; and the Association of State Public Health Nutritionists, all advocating for front-of-packaging food labels. Over the years, various members of Congress have sponsored legislation that would direct the FDA to develop a standardized front-of-package labeling system, including warning systems for certain foods. Most recently, this effort took shape as the Food Labeling Modernization Act of 2021, which was referred to the House Subcommittee on Health and has yet to move forward. Previous attempts for this legislation failed in 2015 and 2018. Earlier this year, the FDA announced a new research project that will study effective methods to communicate nutritional information to consumers through front-of-package food labeling. This study was noticed on January 23, 2023, and will explore what type of information and imagery helps consumers better understand nutrition to facilitate healthy food choices. DISCUSSION A variety of options exist for the City Council to support front-of-package food labeling. Each option has its affiliated costs, timing, and risks, which have been outlined below: Federal or State Advocacy The City Council could decide to lobby state and/or federal representatives for mandatory front-of-package labeling. These advocacy efforts could occur through written and verbal communications. Although Congressional efforts to legislate front-of- package food labels have been unsuccessful to date, showing support may have Report, Discussion, and Direction – Front of Label Packaging May 2, 2023 Page 3 of 4 positive results. The City Council could also lobby State officials to take action in California. Resolution of Support The City Council regularly uses Resolutions to express their position on an initiative or policy item or to direct administrative action. The City Council could offer a resolution of support for front-of-package labeling, requesting this matter be addressed at the federal level by the FDA or through Executive Action. Passing a resolution of support allows the City Council to take a position on this topic and express sentiments of support without investing substantial resources or duplicating any federal efforts that may be underway. This option could also be taken in conjunction with lobbying efforts. Local Ordinance Requiring Front-of-Package Labeling A local ordinance could be developed to require Arcadia retailers to add front-of- package labeling to food products; however, the creation and enforcement of this labeling ordinance would involve budget implications and legal concerns. Some of these concerns include potential legal challenges to the proposed labeling requirements, the difficulty of enforcement, and the ability of local businesses to implement the requirements, since most packaged goods are developed outside City limits. In addition, there would be the threat of federal or state preemptions for any ordinance the City Council approves. Overall, implementing a local ordinance to require front-of-package labeling is within the Council’s purview; however, it is not recommended due to the anticipated costs and potential legal implications. Other There may be other options the City Council wants to pursue in addition to what was proposed above. If there are other considerations the City Council would like to pursue in support of front-of-package labeling, staff will receive that direction accordingly. Finally, an option is to take no action on this item and simply take a wait-and-see approach to this issue. ENVIRONMENTAL ANALYSIS No City Council decision is being made as part of this item, thus it is not considered a project under the California Environmental Quality Act (“CEQA”). Any future decision on City Council action related to front-of-packaging food labels will return to the City Council with an accompanying environmental analysis. FISCAL IMPACT All the proposed options have an affiliated fiscal impact that range from de minimis resource use and costs (i.e. advocacy and resolution of support) to more intensive resource use and costs (i.e. local ordinance creation). Depending on the proposed Report, Discussion, and Direction – Front of Label Packaging May 2, 2023 Page 4 of 4 options City Council seeks to pursue, more information can be shared about any potential fiscal impacts. RECOMMENDATION Based on the information and options presented in the staff report, it is recommended that City Council provide direction concerning the desired action to support front-of- package food labeling in Arcadia.