Prepared Foods logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Prepared Foods logo
  • TRENDS
    • Prepared Foods The Year Ahead
    • Innovation Month
    • *Sustainability*
  • PRODUCTS
    • Bakery
    • Beverages
    • Breakfast, Cereals & Bars
    • Candy
    • Cannabis
    • Dairy
    • Meals & Sides
    • Meat, Poultry & Seafood
    • Sauces & Marinades
    • Snacks & Appetizers
    • Soups
  • INGREDIENTS
    • Antioxidants & Nutritionals
    • Colorings
    • Dietary Fiber
    • Emulsifiers, Fat & Oils
    • Flavors, Seasonings, Spices
    • Flours, Grains, & Pasta
    • Fruits, Vegetables and Nuts
    • Gums & Starches
    • Phosphates & Acidulants
    • *Proteins*
    • Sweeteners
  • FORMULATION
    • Allergens & Intolerance
    • Authentic & Ethnic
    • Cost Reduction
    • Fat Reduction
    • Gluten Free
    • *Immunity*
    • *Natural / Organic*
    • *Plant Based & Vegetarian*
    • R&D Lab Tech / QA-QC / Food Safety
    • Shelf Stability
    • *Sugar Reduction*
  • BETTER FOR YOU
    • Functional New Products
    • Functional Ingredients
    • Functional Benefits
  • FOOD MASTER
  • MEDIA
    • Podcasts
    • Videos
    • Infographics
    • First Person Q&A
    • Favorite Products Poll
    • Play With Your Food Game
    • Webinars
  • STORE
  • EVENTS
    • Spirit of Innovation Awards
    • Industry Events
  • EMAG
    • eMagazine
    • Archive Issues
    • Advertise
  • SIGN UP!
Regulations & Claims

New Look Labels: Added Sugars

FDA considers setting a daily value for added sugars

By Steven B. Steinborn, Veronica Colas, Contributing Editor
An "added sugars" line is one of the most significant changes that might be on the new food label

SOURCE: Copyright alexskopje

January 7, 2016

The Nutrition Facts panel will have a new look once the Food and Drug Administration (FDA) finalizes its 2014 proposed rule. One of the most significant changes that the new label is likely to feature is an “added sugars” line, declared as a quantitative amount and also expressed as a percent of the daily value.

The “daily value” component was included for the first time in FDA’s supplemental proposal issued this past summer. This feature of the supplemental proposal signals a tentative determination that “added sugars” will be part of a final rule, notwithstanding that some stakeholders had commented to FDA that requiring this information in the Nutrition Facts panel was unnecessary and likely confusing to consumers. We examine the issues in play and the practical challenges the food industry will face if “added sugars” and a daily value for “added sugars” are adopted by FDA.

FDA proposes to set a daily value of 50g added sugars for adults, or the equivalent of 10% of daily caloric intake. The proposal is based on the scientific evidence presented in the 2015 Dietary Guidelines Advisory Committee (DGAC) Report, which caused the agency to reverse its tentative conclusion in the initial proposed rule that there was “no sound scientific basis” to set a daily value for added sugars.  The DGAC Report found “strong and consistent” evidence that dietary patterns associated with decreased risk of cardiovascular disease are characterized by lower consumption of sugar-sweetened foods and beverages (among other dietary patterns).  FDA cited this evidence to support its supplemental proposal, along with comments stating that a daily value would help consumers to put the amount of added sugars in a food in the context of their daily diet.

FDA’s approach to establishing a proposed daily value for “added sugars” is novel. Most daily values are based on a recommendation from an Institute of Medicine (IOM) report, which is issued by a branch of the federal government and is generally accepted as reflecting scientific consensus. The proposed daily value for added sugars, in contrast, is based on the recommendations of a non-governmental advisory committee. The committee’s report does not necessarily reflect scientific consensus. This committee also reviewed research that is not of the same type that is typically relied upon to set a daily value.  For example, the DGAC considered dietary pattern modeling, rather than dose-response research specific to added sugars.

The IOM last reviewed added sugars in 2002 and found that there was insufficient evidence to set an upper level for total or added sugars.  (By way of comparison, FDA considered setting a daily value for trans fat in 2003, and it declined to do so because the most recent IOM report did not make quantitative intake recommendations for trans fat.)  Although the IOM did not recommend a specific quantitative intake for added sugars, it did suggest that no more than 25% of daily calorie intake should come from added sugars, an amount significantly higher than the 10% of energy level underlying the daily value proposed by FDA.

Also of concern is the potential consumer confusion when there is a percent daily value declared on the label for “added sugars” but not total sugars. FDA found there was insufficient evidence to establish a daily value for total sugars. There is a broader concern that consumers will not understand the difference between added and total sugars.

This concern was underscored by the consumer research that FDA published as part of its supplemental proposal. The research examined the addition of an “added sugars” line to the nutrition label, and found that while the line helped study participants to determine the amount of added sugars in a product, it also resulted in fewer participants being able to correctly identify the amount of total sugars in the product.  Some consumers were confused about the difference between added and total sugars or added the two values together to determine “total sugars.” 

Additionally, FDA did not test the addition of a percent daily value for added sugars.  Rather, the consumer research only included the amount of added sugars in grams. Overall, the consumer research found the proposed changes to the nutrition panel to have only equivocal results and did not provide strong evidence that the changes would help improve consumer understanding of nutrition information.

FDA accepted comments on the supplemental proposed rule until October 2015, and declined to issue an extension to the comment deadline. This suggests that the agency is working as quickly as possible to finalize the rule during the current presidential administration. 

The addition of added sugars to the nutrition label, if finalized, would present a number of implementation challenges. While some of these issues may be addressed by FDA in a final rule, industry will still likely face new requirements and challenges.

There is no test method that can detect added sugars as distinct from naturally occurring sugars, so the amount of added sugars would need to be determined by an analysis of the product formulation.  Additional records would need to be kept to substantiate the amount of added sugars declared.  It is not clear what type of records would be necessary or sufficient. 

Questions remain about what counts as added sugars and how to determine the amount of added sugars. For example, the industry received significant comments about whether the added sugars definition should include an added ingredient that contains naturally occurring sugars but that is not added for the purpose of increasing the sweetness of the food (such as fruit juice concentrate or lactose).

The addition of a new nutrient to the nutrition label is always a significant development, but the addition of added sugars, a type of ingredient rather than a nutrient, would present special challenges.  Stay tuned to see how FDA addresses these issues in the final rule.

KEYWORDS: added sugar food labeling Food labels nutrition facts

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Steven B. Steinborn is a partner with Hogan Lovells’ in Washington DC. Steinborn literally wrote the book on food labeling as a principal author of the U.S. Department of Agriculture’s (USDA) labeling guide. He offers clients 28 years of experience in guiding informed business decisions, taking into account food laws and other regulations, as well as the environment in which companies operate. Readers may contact him at steven.steinborn@hoganlovells.com.

A top 12 law firm, Hogan Lovells International LLP (www.hoganlovells) is global company with 41 offices worldwide, more than 2,500 lawyers and 800 partners.

Veronica Colas is an associate at Hogan Lovells’ Washington, DC, office. She represents food, dietary supplement, and consumer product companies including manufacturers, retailers, distributors, restaurants and foodservice companies. Veronica advises clients on the development of label claims, website and promotional campaigns for products, as well as the various requirements applicable to the labeling of foods. Readers may her at veronica.colas@hoganlovells.com.

A top 12 law firm, Hogan Lovells International LLP (www.hoganlovells) is global company with 41 offices worldwide, more than 2,500 lawyers and 800 partners.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • Women in beverge isle

    Ingredient Demonization May Not Drive Consumer Behavior

    While tracking cultural conversations around demonized...
    Breaking News
    By: Prepared Foods Editorial Staff
  • Bubs Candy Packages

    Sweden’s Viral Candy Brand BUBS Lands in US Retail Nationwide

    TikTok videos of BUB's unique chewy-meets-marshmallow...
    Products
    By: Prepared Foods Editorial Staff
  • Innovation Month Logo Orange

    Introducing Innovation Month: A Deep Dive into the Future of Food & Beverage

    The next wave of food innovation is here. Dive into the...
    Innovation Month
    By: Prepared Foods Editorial Staff
Manage My Account
  • eMagazine Subscription
  • Newsletters
  • Manage My Preferences
  • Online Registration
  • Subscription Customer Service

More Videos

Popular Stories

Circana Pacesetters 2026

Circana Highlights 2025 CPG Pacesetters

Bushs Baked Beans LTO Flavors

Bush’s Beans Debuts Summer-Inspired Flavors

Whole Foods Retail Concept

Whole Foods Expands Daily Shop Format

PF Webinar sponsored by FoodChain: Signals to Shelf: Turning Consumer Insight into Executable Innovation

Events

June 18, 2025

Master the Art of Plant-Based Dairy

ON DEMAND: Whether you're in R&D, formulation, or innovation, this session will provide enzyme-driven insights to improve your plant-based dairy portfolio.

June 25, 2025

Market in Motion: Active Nutrition

ON DEMAND: Once targeted at athletes, active nutrition products with benefits like energy, focus, hydration, and protein are now winning over everyday consumers seeking support for their busy lifestyles.

View All Submit An Event

Products

Recent Advances in Ready-to-Eat Food Technology

Recent Advances in Ready-to-Eat Food Technology

See More Products

CHECK OUT OUR NEW POWER TRENDS

Immunity Logo
Natural & Organic Logo
Plant Based Logo
Protein Logo
Sugar Reduction Logo Sustainability Logo

Related Articles

  • Nutrisystem: New Line, New Look, New Labels

    See More
  • FDA Nutrition Labeling Changes

    See More
  • FDA Rules for Menu, Labeling, Vending

    See More

Related Products

See More Products
  • lowcost.jpg

    Low-Cost, Low-Tech Innovation: New Product Development in the Food Industry

  • accelerated.jpg

    Accelerating New Food Product Design and Development, 2nd Edition

  • New Food Product Development: From Concept to Marketplace, Third Edition

See More Products
×

Unlock the Future of Food and Beverage Innovation

Are you a leader in research & development? Stay ahead of the curve with Prepared Foods, the premier source of information and insights for today's trend leaders and taste-makers in food and beverage manufacturing.

JOIN TODAY
  • Resources
    • Advertise
    • Contact Us
    • Food Master
    • Store
    • Join
  • Sign Up Today
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • Services
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • Stay Connected
    • LinkedIn
    • Facebook
    • Instagram
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing