While acknowledging that prevention of consumer fraud is a "substantial government interest" that is "directly advanced" by the NLEA
health claims regime, the Pearson court held that the FDA's total ban on claims with less than "significant scientific agreement" was unconstitutional with respect to claims that could be rendered non-misleading through accurate disclaimers.
and colleagues at the CDC in Atlanta analyzed data from two nationally representative surveys-the National Hospital Discharge Survey (NHDS) and the National Health Interview Survey (NHIS) - and determined that the age-adjusted NLEA
discharge rate per 1,000 persons among diabetic individuals aged 40 years or older decreased from 11.
The defense claimed federal preemption of the plaintiff's state law claims arising from the labeling requirements of the NLEA
171) Setting minimum standards is a common regulatory tool well within the expertise of the agency and likely to elicit few complaints about the agency going beyond its statutory mandate under the NLEA
was also designed to crack down on misleading health claims regarding food.
Federal preemption for conflicting rules occurred in the NLEA
, which amends the Federal Food, Drug, and Cosmetic Act, companies are required to disclose the eight major allergens on labels.
In 1994, the FDA issued regulations pursuant to the NLEA
that were considered the greatest changes to food labeling and advertising regulation in over fifty years.
After the passage of the NLEA
, some surveys indicated that the public was less confused about health labels and one study showed that companies used the law's rules to promote healthier products.
Specifically, the NLEA
overhauled nutrition labels on food packages, expanded the scope of nutrition labeling, explicitly defined nutrient content claims, and limited health claims on food packaging to those approved by the Food and Drug Administration (Kurtzweil, 1993; Levy & Derby, 1996).
also addresses serving size, use of nutrient descriptors (e.
The first section deals with the provisions of the NLEA
followed by an international approach to nutrition labelling.