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entitled 'Food Labeling: FDA Needs to Better Leverage Resources, 
Improve Oversight, and Effectively Use Available Data to Help Consumers 
Select Healthy Foods' which was released on October 9, 2008. 

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Report to the Chair, Subcommittee on Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies, Committee on 
Appropriations, House of Representatives: 

September 2008: 

Food Labeling: 

FDA Needs to Better Leverage Resources, Improve Oversight, and 
Effectively Use Available Data to Help Consumers Select Healthy Foods: 

GAO-08-597: 

GAO Highlights: 

Highlights of GAO-08-597, a report to the Chair, Subcommittee on 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies, Committee on Appropriations, House of 
Representatives. 

Why GAO Did This Study: 

Two thirds of U.S. adults are overweight, and childhood obesity and 
diabetes are on the rise. To reverse these health problems, experts are 
urging Americans to eat healthier. Food labels contain information to 
help consumers who want to make healthy food choices. The Food and Drug 
Administration (FDA) oversees federal labeling rules for 80 percent of 
foods. GAO was asked to examine (1) FDA’s efforts to ensure that 
domestic and imported foods comply with labeling rules, (2) the 
challenges FDA faces in these efforts, and (3) the views of key 
stakeholders on FDA actions needed to mitigate misleading labeling. GAO 
analyzed FDA data, reports, and requirements on food labeling oversight 
and compliance and interviewed agency and key stakeholder group 
officials. 

What GAO Found: 

FDA’s oversight and enforcement efforts have not kept pace with the 
growing number of food firms. As a result, FDA has little assurance 
that companies comply with food labeling laws and regulations for, 
among other things, preventing false or misleading labeling. 
Specifically: 

* FDA does not have reliable data on the number of labels reviewed; the 
number of inspections, which include label reviews, has declined. For 
example, of the tens of thousands of foreign food firms in over 150 
countries, just 96 were inspected by FDA in 11 countries in fiscal year 
2007—down from 211 inspections in 26 countries in 2001. 

* FDA’s testing for the accuracy of nutrition information on labels in 
2000 through 2006 was limited. FDA could not provide data for 2007. 

* Although the number of food firms in FDA’s jurisdiction has 
increased, the number of warning letters FDA issued to firms that cited 
food labeling violations has held fairly steady. 

* FDA does not track the complete and timely correction of labeling 
violations or analyze these and other labeling oversight data in 
routine reports to inform managers’ decisions, or ensure the complete 
and timely posting of information on its Web site to inform the public. 

* In addition to its official recalls database, FDA’s Center for Food 
Safety and Applied Nutrition has continued to waste resources on a 
second recall database that FDA had agreed to eliminate in 2004, as GAO 
had recommended. 

FDA has reported that limited resources and authorities challenge its 
efforts to carry out its food safety responsibilities—these challenges 
also impact efforts to oversee food labeling laws. FDA’s Food 
Protection Plan cites the need for authority to, among other things, 
collect a reinspection user fee, accredit third-party inspectors, and 
require recalls when voluntary recalls are not effective. 

Stakeholders from health, medical, and consumer groups identified 
actions they believe will mitigate misleading labeling and help 
consumers identify healthy food. Several stakeholders support a 
simplified, uniform front-of-package symbol system to convey 
nutritional quality to consumers. The United Kingdom, Sweden, and the 
Netherlands have developed voluntary nutrition symbols, while the 
European Commission has proposed requiring front-of-package labeling of 
key nutrients. 

What GAO Recommends: 

GAO is recommending actions for FDA to ensure that labeling office 
managers have the information they need to oversee compliance with 
labeling laws; ensure the public has timely access to information on 
labeling violations on FDA’s public Web site; and better leverage 
resources to achieve its mission. In commenting on a draft of this 
report, FDA stated that the report raised important issues, and agreed, 
with qualifications, with some of GAO’s recommendations, but did not 
comment on others. 

To view the full product, including the scope and methodology, click on 
[[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-08-597]. For more 
information, contact Lisa Shames at (202) 512-3841 or shamesl@gao.gov. 

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

FDA Has Limited Assurance That Companies Are Complying with Food 
Labeling Requirements: 

FDA Reports That Resource Constraints and Limited Authority Challenge 
Efforts to Carry Out Food-Related Responsibilities, Including Food 
Labeling: 

Key Stakeholders Suggested Actions to Help Mitigate Misleading Labeling 
and Assist Consumers' Efforts to Identify Healthy Food: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendixes: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: FDA-Regulated and -Inspected Domestic and Foreign Food 
Firms, Fiscal Years 2001 through 2007: 

Appendix III: FDA Inspections of Food Firms in Foreign Countries, 
Fiscal Years 2001 through 2007: 

Appendix IV: Funding and Staffing Information by FDA Mission, Fiscal 
Years 1998 through 2007: 

Appendix V: FDA's Administration of Health Claims in Response to the 
Pearson v. Shalala Ruling: 

Appendix VI: Comments from the Food and Drug Administration: 

GAO Comments: 

Appendix VII: GAO Contact and Staff Acknowledgments: 

Tables Tables: 

Table 1: The Number of Countries in Which FDA Conducted Inspections and 
the Number of Foreign Food Firms Inspected, Fiscal Years 2001 through 
2007: 

Table 2: Accuracy of Nutrition Labeling Information for Food Samples 
Tested, Fiscal Years 2000 through 2006: 

Table 3: The Number of Food Products Tested and Violations Found in 
Nutrition Facts Panels, Fiscal Years 2000 through 2006, for the Top 
Nine Countries in Value of Agricultural, Fish, and Seafood Imports: 

Table 4: Number of Violations of the Misbranding Provision of the 
Federal Food, Drug, and Cosmetic Act Cited in 326 FDA Food-Labeling- 
Related Warning Letters, Fiscal Years 2002 through 2007: 

Table 5: Number of Imported Food Product Entry Lines Examined for 
Labeling Compliance, Refused Import, and Released with Comment, Fiscal 
Years 2002 through 2007: 

Table 6: Violations Cited in Food-Labeling-Related Import Refusals, 
Fiscal Years 2002 through 2007: 

Table 7: Imported Food Products Examined for Labeling Compliance, 
Products Refused Import, and Products Released With Comment for Fiscal 
Years 2002 through 2007, for the Top Nine Countries in Value of 
Agricultural, Fish, and Seafood Imports: 

Table 8: Estimated Staffing and Funding for the Office of Nutrition, 
Labeling, and Dietary Supplements for Fiscal Years 1999 through 2007 
and Estimated Staffing and Funding for Food Labeling Related and Other 
Activities for Fiscal Years 2005 through 2007: 

Table 9: Domestic Food Firms and Total Domestic Firms under FDA's 
Jurisdiction, by Fiscal Year: 

Table 10: Firms Inspected by FDA and States under Contract with FDA, 
Fiscal Years 2001 through 2007: 

Figures: 

Figure 1: FDA Example of a Nutrition Facts Panel: 

Figure 2: Domestic Food Firms under FDA's Jurisdiction and the Number 
of Firms Inspected by Both FDA and States under Contract with FDA, 
Fiscal Years 2001 through 2007: 

Figure 3: FDA Food-Labeling-Related Warning Letters and All Other FDA 
Warning Letters Issued, Fiscal Years 2002 through 2007: 

Figure 4: Selected Front-of-Package Symbols Used in Other Countries: 

Abbreviations: 

AMA: American Medical Association: 

CFSAN: Center for Food Safety and Applied Nutrition: 

FACTS: Field Accomplishments and Compliance Tracking System: 

FDA: Food and Drug Administration: 

FSIS: Food Safety and Inspection Service: 

FTC: Federal Trade Commission: 

FTE: full-time-equivalent: 

HHS: Department of Health and Human Services: 

mg: milligram: 

NLEA: Nutrition Labeling and Education Act: 

OASIS: Operational and Administrative System for Import Support: 

ORA: Office of Regulatory Affairs: 

RES: Recall Enterprise System: 

USDA: U.S. Department of Agriculture: 

Letter September 9, 2008: 

The Honorable Rosa DeLauro: 
Chair: 
Subcommittee on Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies: 
Committee on Appropriations: 
House of Representatives: 

Dear Madam Chair: 

Two thirds of U.S. adults are overweight, and the incidence of 
childhood obesity and diabetes has been rising. In an effort to reverse 
these growing public health problems, medical professionals are 
encouraging Americans to eat healthier, more nutritious foods. In 2005, 
the Department of Health and Human Services (HHS) and the U.S. 
Department of Agriculture (USDA) issued Dietary Guidelines for 
Americans. These guidelines and the food guide pyramid,[Footnote 1] 
developed by USDA to visually convey the guidelines and other nutrition 
information, help policy makers design and implement nutrition-related 
programs. Federal agencies must promote this guidance in carrying out 
federal food, nutrition, or health programs; meals served under the 
school lunch program must be consistent with the guidance. This 
guidance provides science-based dietary direction for consumers to 
limit their sugar, fat, and salt; eat more whole grains, fruits, and 
vegetables; and monitor portion size. According to the guidance, a 
healthy diet reduces the risk for chronic diseases, such as heart 
disease, certain cancers, diabetes, and stroke--all major causes of 
death and disability in the United States. 

Food labels contain information to help consumers who want to follow 
the dietary guidance and to make healthy food choices that best fit 
their dietary needs. Within HHS, the Food and Drug Administration (FDA) 
is responsible for administering federal food labeling requirements, in 
accordance with the Federal Food, Drug, and Cosmetic Act, as 
amended.[Footnote 2] This act prohibits labeling that, among other 
things, is false or misleading or fails to list the amounts of certain 
nutrients. When industry, consumer groups, or others believe that 
certain types of food labeling information is false or misleading, or 
that changes to requirements are needed for public health, or for other 
reasons, they may request or formally petition FDA to issue regulations 
or guidance to address the problem. 

FDA oversees industry compliance with the food labeling requirements as 
part of its food oversight mission. FDA's Center for Food Safety and 
Applied Nutrition (CFSAN)--one of its six mission centers--is 
responsible for food, cosmetics, and related products. Within CFSAN, 
the Office of Nutrition, Labeling, and Dietary Supplements publishes 
regulations and guidance on food labeling and provides policy 
interpretations for overseeing compliance with statutes and regulations 
that, among others things, prohibit false or misleading labeling. FDA's 
Office of Regulatory Affairs (ORA) undertakes inspections and 
enforcement activities for all FDA centers. 

FDA's guidance for inspecting domestic or foreign food firms--such as 
manufacturers, processors, and other food-handling businesses--directs 
investigators to focus primarily on food safety issues and to review 
the labels on at least three products during every food safety 
inspection. To augment its inspection capacity, FDA contracts with 
states to carry out food safety inspections, following FDA guidance. 
When FDA inspects food shipments entering the United States from a 
foreign country, it may also review food labels. To test for the 
accuracy of labeling information, investigators may send samples of 
domestic or imported food to FDA laboratories for analysis. FDA also 
may follow up on complaints from consumers, consumer groups, individual 
firms, industry groups, or others who believe they have identified food 
that violates FDA's labeling regulations. 

FDA has a number of tools for responding when food labeling violations 
are identified. It may ask companies to voluntarily recall any food 
that has already entered the distribution chain. FDA may also send a 
warning letter to a firm, which is a notice that enforcement actions 
may be forthcoming if corrections are not made; according to FDA 
guidance, warning letters are used for serious violations. For less 
serious violations, FDA may send an untitled letter, which is an 
informal communication that corrective actions are needed. At any 
point, FDA may hold a regulatory meeting with the firm to resolve a 
labeling violation or work with a firm to obtain voluntary compliance. 
When violations are not corrected, FDA may initiate actions to seize 
and remove the food from the marketplace (a seizure) or enjoin a firm 
from continuing a practice that violates food labeling statutes and 
regulations (an injunction). For food imported from a foreign country, 
FDA may issue an import refusal to prevent a shipment with a serious 
labeling violation from entering the United States. FDA may also 
release a shipment "with comment"--that is, allow the shipment with a 
labeling violation to enter the United States with notice to the 
importer that subsequent shipments might be refused entry if the 
violation is not corrected. In addition, FDA maintains an "import 
alert" list to detain entries of foreign foods that appear to have 
significant recurring or unusual violations. 

In January 2007, we added federal oversight of food safety to our High- 
Risk Series, which is intended to raise the priority and visibility of 
government programs that are in need of broad-based transformation to 
achieve greater economy, efficiency, effectiveness, accountability, and 
sustainability.[Footnote 3] In particular, we have noted that federal 
expenditures by FDA and USDA for food oversight have not been 
commensurate with the volume of foods regulated by the agencies or 
consumed by the public. In November 2007, a report for FDA's Science 
Board--FDA Science and Mission at Risk--pointed out the erosion in 
FDA's science base and the inadequacy of FDA's information technology 
infrastructure.[Footnote 4] The report cited numerous management 
challenges that have contributed to FDA's inability to fulfill its 
mission and that cannot be addressed with available resources. Also in 
November 2007, FDA issued its Food Protection Plan: An Integrated 
Strategy for Protecting the Nation's Food Supply (Food Protection 
Plan),[Footnote 5] which recognized the need for several changes to 
ensure the safety of the nation's food supply and identified new 
authorities needed to implement the new strategy, such as the authority 
to charge user fees for certain reinspections. In a May 2008 letter 
(the May 2008 resource needs assessment), FDA's Commissioner identified 
the resources needed in broad categories to, among other things, begin 
implementing the Food Protection Plan to protect against new and 
emerging threats to food safety.[Footnote 6] We have testified that 
FDA's plan is a good first step, but pointed out that it does not 
provide a clear description of resources and strategies that Congress 
will need to assess the likelihood of the plan's success.[Footnote 7] 
Also, with respect to making the most of resources, in May 2008 we 
issued a special publication entitled Federal User Fees: A Design 
Guide, which presented various ways to design user fees to encourage 
greater efficiency, equity, and revenue adequacy and to reduce the 
administrative burden on the agency and payers of the fees.[Footnote 8] 

You asked us to examine (1) FDA's efforts to ensure that domestic and 
imported foods comply with food labeling requirements, including those 
prohibiting false or misleading labeling; (2) the challenges FDA faces 
in its efforts to administer and enforce food labeling requirements; 
and (3) the actions stakeholders from health, medical, and consumer 
organizations believe are needed to mitigate the effects of food 
labeling practices they consider misleading and to help consumers 
identify healthy food. 

For this report, our definition of "food" includes conventional food, 
dietary supplements, infant formula, and medical food; we excluded 
animal feed, which the Federal Food, Drug, and Cosmetic Act includes in 
its definition of food. We did not independently determine whether 
particular food labels were false or misleading; the examples we cite 
are food labels that FDA or a health, medical, industry, or consumer 
group characterized as false or misleading. We also did not evaluate 
how efficiently FDA used its resources or the impact of changing 
priorities; nor did we compare FDA resource trends with other federal 
agencies. To examine FDA's efforts to ensure that domestic and imported 
foods comply with food labeling statutes and regulations, we analyzed 
FDA's and CFSAN's plans and reports; guidance and regulations; and data 
on labeling-related oversight, enforcement, recalls, warning letters, 
and complaints. Regarding data for labeling-related oversight, we 
analyzed the food establishments or facilities (which we call firms) 
inspected for 7 fiscal years (2001 through 2007); nutrition labeling 
samples for 7 fiscal years (2000 through 2006); warning letters and 
enforcement actions related to imports for 6 fiscal years (2002 through 
2007); and seizures and injunctions for 10 fiscal years (1998 through 
2007)--the periods for which reliable and comparable FDA data were 
available. To identify challenges, we reviewed FDA reports and 
testimonies and analyzed funding and staffing data for FDA, CFSAN, and 
ORA for 10 fiscal years (1998 through 2007) and the Office of 
Nutrition, Labeling, and Dietary Supplements, which began maintaining 
comparable data in 1999, for 9 fiscal years (1999 through 2007). We 
also reviewed FDA oversight and enforcement authorities and court 
rulings regarding FDA labeling. For comparison, we examined similar 
information for USDA's Food Safety and Inspection Service (FSIS) and 
the Federal Trade Commission (FTC), which also oversee and enforce 
requirements related to food labeling. For stakeholder positions, we 
analyzed the views of health, medical, consumer, and industry groups 
obtained from interviews and documents, such as reports and petitions. 
We assessed the reliability of the data used in this report and found 
it to be sufficiently reliable for the purposes used. We conducted this 
performance audit from January 2007 through September 2008 in 
accordance with generally accepted government auditing standards. Those 
standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe that 
the evidence obtained provides a reasonable basis for our findings and 
conclusions based on our audit objectives. Appendix I contains more 
detailed information on our objectives, scope, and methodology. 

Results in Brief: 

FDA has limited assurance that domestic and imported foods comply with 
food labeling requirements, such as those prohibiting false or 
misleading labeling. This is because, while the number of food firms 
has increased annually, the number of inspections, warning letters, and 
most enforcement actions to address violations, has decreased or 
remained steady. Specifically, we found the following: 

* Label reviews: Although FDA guidance directs investigators to review 
labels on at least three food products when inspecting domestic and 
foreign firms, FDA has no reliable data on the number of labels that 
were actually reviewed. Moreover, the number of inspections of food 
firms has not kept pace with the growth in firms from 2001 through 
2007. The number of domestic firms under FDA's jurisdiction increased 
from about 51,000 to more than 65,000, while the number of firms 
inspected declined slightly, from 14,721 to 14,566. FDA has inspected 
few foreign firms, while the number of imported food lines has 
increased. For example, during 2007, the United States imported food 
from tens of thousands of foreign food firms in more than 150 
countries, yet FDA inspected only 96 firms in 11 countries. In 
addition, FDA's limited sampling of inspected food to test for the 
accuracy of nutrient information on labels found high error rates for 
certain nutrients. 

* Communications: The number of warning letters FDA issued to firms 
that included food labeling violations has held relatively steady since 
2002, while the total number of letters decreased by nearly half--from 
806 in 2002 to 434 in 2007. However, official data on warning letters 
may also be incomplete. In addition, FDA does not track the number of 
regulatory meetings initiated by its field offices for labeling 
violations, and it does not know whether the field offices are using 
the same criteria for these meetings. 

* Enforcement actions: FDA has initiated actions resulting in 21 
seizures and 2 injunctions for food labeling violations, since 1998. 
FDA also has refused entry to an average of about 2,500 food product 
lines, annually, that had food labeling violations, since 2002. In 
addition, as of January 2008, FDA had 64 active import alerts for 
labeling violations. 

Moreover, FDA does not provide its managers with routine reports on, 
for example, (1) the status of labeling violations to help them ensure 
that corrections are made quickly and properly and (2) trends in 
labeling violations by types of products, companies, and countries to 
help inform their decisions for setting priorities and allocating 
resources. In addition, FDA does not ensure that the information it 
posts on its public Web site--such as warning letters that identify 
labeling violations--is complete and posted promptly to inform 
consumers' food purchase decisions. Furthermore, CFSAN continues to 
maintain a duplicate database of firms' food recalls that FDA had 
agreed to eliminate in response to our 2004 recommendation.[Footnote 9] 

FDA has reported that limited resources and authorities significantly 
challenge its efforts to carry out food safety responsibilities-- 
challenges that also impact efforts to administer and enforce labeling 
requirements. Specifically, we found the following: 

* Resources: From 1999 through 2007, funding and staffing for CFSAN's 
Office of Nutrition, Labeling, and Dietary Supplements rose and fell 
several times. Funding fluctuated from $6.8 million to $10.0 million 
and staffing from 65 to 88 full-time-equivalent (FTE) staff. In 2007, 
funding of $8.2 million was its lowest since 2001, and staffing of 65 
FTEs was a 9-year low. However, the portion of that office's funding 
and staffing dedicated to food labeling activities has held fairly 
constant since 2005--with funding rising from $1.1 million to $1.3 
million and staffing from 9.0 to 10.5 FTEs. In addition, officials told 
us FDA does not have the resources to conduct the substantial 
additional research on consumer perceptions necessary to demonstrate 
that a food label is misleading. 

* Authority: FDA's Food Protection Plan notes that certain authorities 
are not available to most food programs that could allow FDA to 
maximize resources--authorities that could also facilitate labeling 
oversight. The plan seeks, among other things, authority to charge user 
fees for reinspecting firms that had violated important requirements; 
accredit qualified third parties to conduct certain types of reviews 
and inspections; and mandate food recalls if necessary, which it may do 
for infant formula and certain medical products. Such authorities 
currently help other regulatory agencies and are maintained by other 
FDA mission centers. As FDA pursues new statutory authority for user 
fees, it could benefit from information in GAO's Federal User Fees: A 
Design Guide to, among other things, ensure optimal efficiency and 
minimal burden.[Footnote 10] Regarding accrediting third parties, FDA 
could benefit from lessons learned in other FDA programs that use third 
parties to leverage inspection resources. 

Stakeholders we interviewed--including key health, medical, and 
consumer organizations--identified several actions that they believe 
will mitigate misleading labeling and help consumers identify healthy 
food. For example, according to many, consumers find the range of 
information on labels confusing and misleading. To help consumers more 
easily and quickly identify healthy food, many stakeholders in the 
United States and overseas support the addition of a uniform system of 
symbols on the front-of-package labels to indicate nutritional quality. 
The National Academies' Institute of Medicine recommended in 2006 that 
industry, government, scientists, and consumer groups jointly develop 
such a system. Other countries, such as the United Kingdom and Sweden 
have developed voluntary nutrition symbol systems, and Canada is 
consulting with stakeholders and proposing research on front-of-package 
nutrition symbols. The European Commission has proposed a system for 
mandatory front-of-package nutrition labeling. FDA held a public 
hearing in 2007 to solicit comments on front-of-package nutrition 
symbols and has begun researching this approach. 

We are recommending seven actions that FDA should take to (1) ensure 
that labeling office managers have the information they need to oversee 
compliance with food labeling laws and regulations; (2) ensure that the 
public has timely access to information on food labeling violations 
that may have serious health consequences on FDA's public Web site; and 
(3) better leverage resources to carry out food-related mission 
responsibilities, including developing detailed information on how the 
new authorities it seeks would help it achieve its mission, and 
evaluating options for conveying nutritional quality that will mitigate 
consumer confusion and misleading labeling. 

In commenting on a draft of our report, FDA stated that the report 
raised some important issues regarding its regulation of food labeling 
and it did not dispute the report's data, analyses, or findings. It 
commented, however, that the report inappropriately references food 
labeling as part of its food safety mission, although it acknowledges 
that there may be some aspects of food labeling that can affect the 
safe use of food. That notwithstanding, FDA requires investigators to 
review at least three labels during food safety inspections. FDA also 
stated that within its overall public health mission, it has a 
multitude of competing priorities. We acknowledged FDA's competing 
priorities in the report's conclusions and framed the recommendations 
so as to help manage these competing priorities by better leveraging 
resources and using available tools and data for risk-based decisions. 

With respect to our recommendations, FDA generally agreed with some, 
but with qualifications. Regarding our recommendations that FDA ensure 
managers have information they need for effective food labeling 
oversight by maintaining and analyzing data they need on violations in 
routine reports, FDA agreed that being able to track any and all 
information that would allow investigators to better do their jobs 
would be useful to the agency. However, FDA stated that data collection 
requires time and effort and it is important to make sure that data 
entry does not become so burdensome that it takes away from other 
investigative work. FDA did not commit to taking any actions in 
response to these recommendations. We maintain that FDA cannot make 
risk-based decisions, including resource allocation decisions, 
effectively without analyzing the detailed food labeling data that the 
agency has collected for many years. Regarding our recommendation that 
FDA provide timely and complete data for consumers on its public Web 
site, FDA said that it already does post and maintain much of the 
information. However, as our report points out, FDA did not post 
warning letters promptly and had no assurance that the posted data on 
food labeling violations were accessible. In addition, consumers should 
receive complete and timely information and statistics to inform their 
food purchase decisions. Regarding our recommendation on collaboration 
with federal agencies and other stakeholders to evaluate labeling 
options, FDA provided information on the focus of its current research 
and identified many aspects of symbols that it intends to research. 
However, a broad research agenda will likely require extensive 
resources over several years. We considered FDA's competing resource 
demands when we developed our last recommendation--to better leverage 
those resources by collaborating with other federal agencies and 
stakeholders who may be able to contribute resources in the form of 
staff or funding. Finally, FDA did not comment on our recommendations 
related to tracking regulatory meetings, providing Congress with 
information on the new authorities requested in the Food Protection 
Plan, and posting updates of the status of implementation of this plan 
on FDA's public Web site. 

Background: 

The Federal Food, Drug, and Cosmetic Act, as amended, prohibits the 
"misbranding" of food, which includes, among other things, labeling 
that is false or misleading. In 1990, Congress amended the act to 
mandate that certain nutrition information be provided on packaged 
foods in a specified, standardized format--only recently have other 
countries, such as Canada, initiated mandatory nutrition labeling. The 
act, and FDA regulations implementing it, require food labels to 
include nutrient, ingredient, and other important content information 
that consumers can use to make healthy dietary choices, and to avoid 
allergens (such as peanuts) and other ingredients (such as sulfites) 
that can cause life-threatening reactions in people who are sensitive 
to them. For example, the act and FDA's regulations, with some 
exceptions,[Footnote 11] require that food labels include the 
following: 

* a Nutrition Facts panel that identifies the serving size; the number 
of servings per container; the number of calories per serving; and the 
amount of certain nutrients, such as fiber, vitamins, fat, and 
sodium;[Footnote 12] 

* an ingredients list that identifies the product's ingredients by 
their common or usual names, in order of predominance by weight; 

* the required information in English;[Footnote 13] and: 

* a declaration of the source (e.g., tree nuts) of major allergens. 

Figure 1 depicts an example of a Nutrition Facts panel from FDA's 
regulations illustrating nutrition information and visual display. 

Figure 1: FDA Example of a Nutrition Facts Panel: 

This figure an example of a nutrition facts panel. 

[See PDF for image] 

Source: FDA. 

[End of figure] 

The act and FDA regulations also require that health claims--that is, 
claims characterizing the relationship of certain nutrients to a 
disease or a health-related condition--on food labels be authorized by 
FDA. For example, a main dish that contains 140 milligrams (mg) or less 
of sodium per 100 grams may be labeled with the claim that "diets low 
in sodium may reduce the risk of high blood pressure, a disease 
associated with many factors," provided there are no nutrients in the 
food at levels that would disqualify it from making this claim. In 
regulations, FDA has authorized the use of claims for 12 relationships 
between a nutrient and a disease or health-related condition. 

For purposes of compliance, with certain exceptions, a food is subject 
to enforcement action under FDA regulations if the number of calories 
or the amount of certain nutrients, such as fat and sugar, is more than 
20 percent over the amount declared in the Nutrition Facts panel. The 
Institute of Medicine established the reference nutrient values that 
FDA used (along with the Dietary Guidelines for Americans) to establish 
the daily values for nutrients on the Nutrition Facts panel. In 
addition, for compliance and enforcement purposes, the amount of 
certain nutrients naturally occurring in the food must be at least 
equal to 80 percent of the value declared on the label; the amount of 
added nutrients in fortified or fabricated foods must be at least equal 
to the amount shown on the panel. According to FDA, these variations 
are allowed because, for naturally occurring nutrients, values cannot 
be precisely controlled and depend on weather and soil conditions, 
among other variables; in addition, values will vary because different 
laboratories use different methods and testing devices. 

FDA's procedures for handling a product complaint require staff to 
obtain sufficient information from the complainant to evaluate the 
complaint and determine if it requires follow-up. Also, the complaint 
is to be documented in the Field Accomplishments and Compliance 
Tracking System (FACTS). For a food-labeling-related complaint, the 
information documented in FACTS should include, among other things, any 
injury, illness, or adverse event that was reported as having occurred 
as a result of incorrect labeling, and any follow-up actions. 
Complaints of significant illness or injury must receive immediate and 
thorough follow-up, while follow-up on those complaints that do not 
involve injury or illness may be deferred until the next scheduled 
inspection of the responsible firm, which may be in a few weeks, 
months, or several years. 

Similarly, FTC authorities prohibit unfair or deceptive acts or 
practices in or affecting commerce, including false or misleading 
advertising of food products. In some cases, FDA and FTC have certain 
overlapping jurisdiction for regulating food advertising, labeling, and 
promotion. In a 1971 memorandum of understanding, the agencies agreed 
that FTC would exercise primary responsibility for ensuring that food 
advertising is truthful and not misleading, and that FDA would have 
primary responsibility for ensuring that food labeling is truthful and 
not misleading. 

FDA Has Limited Assurance That Companies Are Complying with Food 
Labeling Requirements: 

FDA's use of oversight and enforcement tools has not kept pace with the 
growing number of food firms. As a result, FDA has limited assurance 
that companies in the food industry are in compliance with food 
labeling requirements, such as those prohibiting false or misleading 
labeling. FDA's testing of nutrition information has been limited and 
has found varying degrees of compliance. Actions in response to 
labeling violations, such as issuing warning letters, have generally 
decreased or remained steady. In addition, FDA has not analyzed data on 
labeling violations and follow-up activities to inform its managers or 
the public. Furthermore, CFSAN has continued to maintain a duplicate 
food recall system that FDA had agreed to eliminate in response to a 
recommendation we made in a 2004 report.[Footnote 14] 

Food Labeling Oversight Has Not Kept Pace with the Growing Number of 
Firms: 

While the number of domestic food firms has increased, FDA has not 
increased the number of its inspections in response to this increase 
(see fig. 2). Also, FDA does not have reliable data on the total number 
of labels reviewed because investigators do not have to enter this 
information into the FACTS database, which documents other inspection 
details. In the absence of reliable data on the number of labels 
reviewed, and assuming that investigators were reviewing three labels 
each time, as FDA officials told us was the common practice, the number 
of labels reviewed would have declined with the decline in the number 
of inspections. 

Figure 2: Domestic Food Firms under FDA's Jurisdiction and the Number 
of Firms Inspected by Both FDA and States under Contract with FDA, 
Fiscal Years 2001 through 2007: 

This figure is a combination bar graph showing domestic food firms 
under FDA's jurisdiction and the number of firms inspected by both FDA 
and states under contract with FDA, fiscal years 2001 through 2007. The 
X axis represents fiscal year, and the Y axis represents the number of 
food firms (in thousands). 

Fiscal year: "2001"; 
Food firms impacted: 14.7; 
Total food firms: 51.0. 

Fiscal year: "2002"; 
Food firms impacted: 14.7; 
Total food firms: 58.6. 

Fiscal year: "2003"; 
Food firms impacted: 17.6; 
Total food firms: 58.3. 

Fiscal year: "2004"; 
Food firms impacted: 18.0; 
Total food firms: 59.3. 

Fiscal year: "2005"; 
Food firms impacted: 16.7; 
Total food firms: 61.9. 

Fiscal year: "2006"; 
Food firms impacted: 15.2; 
Total food firms: 62.9. 

Fiscal year: "2007"; 
Food firms impacted: 14.6; 
Total food firms: 65.5. 

[See PDF for image] 

Source: GAO analysis of FDA FACTS data. 

[End of figure] 

FDA has conducted few inspections in foreign food firms and that number 
has declined significantly--from 211 in 26 countries in 2001 to 95 in 
11 countries in 2007--even as the United States has received hundreds 
of thousands of different imported food product entry lines[Footnote 
15] from tens of thousands of foreign food firms in more than 150 
countries. (See app. II for information on the number of domestic and 
foreign food firms inspected under FDA's jurisdiction during fiscal 
years 2001 through 2007.) Table 1 shows the number of countries and 
foreign food firms inspected over this period. 

Table 1: The Number of Countries in Which FDA Conducted Inspections and 
the Number of Foreign Food Firms Inspected, Fiscal Years 2001 through 
2007: 

Foreign inspection: Number of countries; 
Fiscal year: 2001: 26; 
Fiscal year: 2002: 22; 
Fiscal year: 2003: 22; 
Fiscal year: 2004: 20; 
Fiscal year: 2005: 16; 
Fiscal year: 2006: 15; 
Fiscal year: 2007: 11; 
Fiscal year: Total: 54[A]. 

Foreign inspection: Number of food firms; 
Fiscal year: 2001: 211; 
Fiscal year: 2002: 169; 
Fiscal year: 2003: 148; 
Fiscal year: 2004: 153; 
Fiscal year: 2005: 132; 
Fiscal year: 2006: 125; 
Fiscal year: 2007: 95; 
Fiscal year: Total: 1,034. 

Source: GAO analysis of FDA data. 

[A] The total number of countries was adjusted to count each country 
only once. FDA had conducted inspections in some countries more than 
once over the 7-year period. 

[End of table] 

Appendix III lists the countries and the number of inspections FDA 
conducted in each country, from fiscal years 2001 through 2007. 

In addition, FDA reported inspecting about 1 percent of the different 
food product entry lines that came into the United States annually 
during fiscal years 2002 through 2007. However, unlike investigators 
who perform inspections at manufacturing firms, the investigators who 
review labels on imported foods are not able to see the manufacturing 
process, the ingredients stored on shelves, the product formulation, 
and other documents that provide key information that helps to identify 
labeling violations. 

Testing to Determine the Accuracy of Nutrient Information Is Limited 
and Outdated, and Shows Varying Degrees of Compliance: 

While FDA has tested some targeted nonrandom samples of food products 
to determine the accuracy of nutrition information on their labels, it 
has tested relatively few food products from some major exporting 
countries. In addition, FDA has done no random sampling since the 
1990s, when some compliance rates varied considerably from the amount 
identified on the Nutrition Facts panel. From fiscal years 2000 through 
2006, FDA collected targeted samples of 868 domestic products and 783 
imported products for tests of compliance with nutrition labeling 
regulations. FDA was unable to provide information on samples taken and 
test results for fiscal year 2007 because, according to an agency 
official, the person who analyzed those data had retired from FDA. 

According to FDA officials, investigators often selected samples 
because they noticed obvious labeling violations, such as a candy bar 
with a Nutrition Facts panel that did not identify any fat or sugar. As 
table 2 shows, about 21 percent and 28 percent, respectively, of the 
domestic and imported foods tested were in violation. 

Table 2: Accuracy of Nutrition Labeling Information for Food Samples 
Tested, Fiscal Years 2000 through 2006: 

Fiscal year: 2000; 
Domestic samples: Number tested: 106; 
Domestic samples: Number in violation: 15; 
Domestic samples: Percentage in violation: 14%; 
Imported samples: Number tested: 150; 
Imported samples: Number in violation: 36; 
Imported samples: Percentage in violation: 24%; 
Total domestic and imported samples: Number tested: 256; 
Total domestic and imported samples: Number in violation: 51; 
Total domestic and imported samples: Percentage in violation: 20%. 

Fiscal year: 2001; 
Domestic samples: Number tested: 93; 
Domestic samples: Number in violation: 24; 
Domestic samples: Percentage in violation: 26; 
Imported samples: Number tested: 53; 
Imported samples: Number in violation: 20; 
Imported samples: Percentage in violation: 38; Total domestic and 
imported samples: Number tested: 146; Total domestic and imported 
samples: Number in violation: 44; Total domestic and imported samples: 
Percentage in violation: 30. 

Fiscal year: 2002; 
Domestic samples: Number tested: 85; 
Domestic samples: Number in violation: 12; 
Domestic samples: Percentage in violation: 14; 
Imported samples: Number tested: 88; 
Imported samples: Number in violation: 23; 
Imported samples: Percentage in violation: 26; 
Total domestic and imported samples: Number tested: 173; 
Total domestic and imported samples: Number in violation: 35; 
Total domestic and imported samples: Percentage in violation: 20. 

Fiscal year: 2003; 
Domestic samples: Number tested: 147; 
Domestic samples: Number in violation: 34; 
Domestic samples: Percentage in violation: 23; 
Imported samples: Number tested: 188; 
Imported samples: Number in violation: 60; 
Imported samples: Percentage in violation: 32; 
Total domestic and imported samples: Number tested: 335; 
Total domestic and imported samples: Number in violation: 94; 
Total domestic and imported samples: Percentage in violation: 28. 

Fiscal year: 2004; 
Domestic samples: Number tested: 181; 
Domestic samples: Number in violation: 43; 
Domestic samples: Percentage in violation: 24; 
Imported samples: Number tested: 131; 
Imported samples: Number in violation: 38; 
Imported samples: Percentage in violation: 29; 
Total domestic and imported samples: Number tested: 312; 
Total domestic and imported samples: Number in violation: 81; 
Total domestic and imported samples: Percentage in violation: 26. 

Fiscal year: 2005; 
Domestic samples: Number tested: 141; 
Domestic samples: Number in violation: 27; 
Domestic samples: Percentage in violation: 19; 
Imported samples: Number tested: 77; 
Imported samples: Number in violation: 19; 
Imported samples: Percentage in violation: 25; 
Total domestic and imported samples: Number tested: 218; 
Total domestic and imported samples: Number in violation: 46; 
Total domestic and imported samples: Percentage in violation: 21. 

Fiscal year: 2006; 
Domestic samples: Number tested: 115; 
Domestic samples: Number in violation: 23; 
Domestic samples: Percentage in violation: 20; 
Imported samples: Number tested: 96; 
Imported samples: Number in violation: 27; 
Imported samples: Percentage in violation: 28; 
Total domestic and imported samples: Number tested: 211; 
Total domestic and imported samples: Number in violation: 50; 
Total domestic and imported samples: Percentage in violation: 24. 

Fiscal year: Total; 
Domestic samples: Number tested: 868; 
Domestic samples: Number in violation: 178; 
Domestic samples: Percentage in violation: 21%; 
Imported samples: Number tested: 783; 
Imported samples: Number in violation: 223; 
Imported samples: Percentage in violation: 28%; 
Total domestic and imported samples: Number tested: 1,651; 
Total domestic and imported samples: Number in violation: 401; 
Total domestic and imported samples: Percentage in violation: 24%. 

Source: GAO analysis of FDA FACTS data. 

Note: FDA was unable to provide these data for fiscal year 2007. 

[End of table] 

The number of samples of imported food FDA has tested for accuracy of 
nutrition labeling does not relate to the volume of imports or the rate 
of violations in products from a given country, as table 3 shows. One 
type of food with a high percentage of violations was infant formula-- 
4 of the 10 formula products sampled were in violation--because they 
lacked the vitamins, minerals, or other nutrients required by law. 

Table 3: The Number of Food Products Tested and Violations Found in 
Nutrition Facts Panels, Fiscal Years 2000 through 2006, for the Top 
Nine Countries in Value of Agricultural, Fish, and Seafood Imports: 

U.S. dollars in billions. 

Canada ($15.6); 
Food samples tested, fiscal years 2000-2006: Number tested: 93; 
Food samples tested, fiscal years 2000-2006: Number in violation: 13; 
Food samples tested, fiscal years 2000-2006: Percentage in violation: 
14%. 

Mexico ($9.8); 
Food samples tested, fiscal years 2000-2006: Number tested: 200; 
Food samples tested, fiscal years 2000-2006: Number in violation: 87; 
Food samples tested, fiscal years 2000-2006: Percentage in violation: 
44. 

China[A] ($4.2); 
Food samples tested, fiscal years 2000-2006: Number tested: 26; 
Food samples tested, fiscal years 2000-2006: Number in violation: 7; 
Food samples tested, fiscal years 2000-2006: Percentage in violation: 
27. 

Thailand ($3.1); 
Food samples tested, fiscal years 2000-2006: Number tested: 18; 
Food samples tested, fiscal years 2000-2006: Number in violation: 8; 
Food samples tested, fiscal years 2000-2006: Percentage in violation: 
44. 

Italy ($2.8); 
Food samples tested, fiscal years 2000-2006: Number tested: 31; 
Food samples tested, fiscal years 2000-2006: Number in violation: 8; 
Food samples tested, fiscal years 2000-2006: Percentage in violation: 
26. 

Indonesia ($2.8); 
Food samples tested, fiscal years 2000-2006: Number tested: 2; 
Food samples tested, fiscal years 2000-2006: Number in violation: 0; 
Food samples tested, fiscal years 2000-2006: Percentage in violation: 
0. 

Chile ($2.7); 
Food samples tested, fiscal years 2000-2006: Number tested: 8; 
Food samples tested, fiscal years 2000-2006: Number in violation: 2; 
Food samples tested, fiscal years 2000-2006: Percentage in violation: 
25. 

Australia ($2.6); 
Food samples tested, fiscal years 2000-2006: Number tested: 10; 
Food samples tested, fiscal years 2000-2006: Number in violation: 1; 
Food samples tested, fiscal years 2000-2006: Percentage in violation: 
10. 

Brazil ($2.4); 
Food samples tested, fiscal years 2000-2006: Number tested: 7; 
Food samples tested, fiscal years 2000-2006: Number in violation: 4; 
Food samples tested, fiscal years 2000-2006: Percentage in violation: 
57. 

Source: GAO analysis of value of imports data for 2006 from USDA's 
Foreign Agricultural Service and testing data from FDA's FACTS. 

Notes: 

The country from which a food product was imported may not be the 
country of origin of the food product. For example, food imported from 
Canada may have originated in another country. 

FDA was unable to provide FACTS sample testing data for fiscal year 
2007. 

[A] The data for China do not include Hong Kong and Macau. 

[End of table] 

While FDA has conducted targeted, nonrandom sampling of labels on 
imported and domestic food products suspected of having inaccurate 
information (beyond the allowable ranges) for nutrients listed on their 
labels, FDA has not conducted random sampling on nutrition labeling 
since the 1990s. In 1994 and again in 1996, FDA tested 300 randomly 
selected products to determine the extent to which nutrient information 
on the Nutrition Facts panel was within the allowable range. According 
to FDA's analysis of these products, 87 percent (in 1994) and 91 
percent (in 1996) of the nutrients were within the allowable range. 
However, compliance rates varied significantly for a few nutrients. For 
example, in 1994 and 1996, respectively, 48 percent and 47 percent of 
the samples were not within the allowable range for vitamin A; 48 
percent and 12 percent of the samples were not within the allowable 
range for vitamin C; and 32 percent and 31 percent of the samples were 
not within the allowable range for iron.[Footnote 16] These variances 
are important because consuming too much or too little of certain 
vitamins and iron may have adverse health consequences. FDA officials 
cited resource constraints and other priorities as reasons for not 
updating these studies and told us that FDA has no plans for future 
studies. 

Actions in Response to Labeling Violations Have Generally Decreased or 
Remained Steady: 

FDA has available several tools to ensure that food labeling complies 
with requirements: (1) issuing warning and untitled letters and holding 
regulatory meetings and (2) taking enforcement actions--seizures, 
injunctions, import refusals, and import alerts. However, we found that 
FDA's efforts have generally declined or held steady. 

FDA Warning Letters for Food Labeling Violations Have Remained Steady: 

From fiscal years 2002 through 2007, FDA issued 463 warning letters to 
firms with serious violations that included food labeling violations-- 
often with other food-safety-related violations--notifying them that 
enforcement actions might be forthcoming if corrections were not made. 
The number of warning letters issued annually that included food- 
labeling-related violations held relatively steady during the period. 
On the other hand, the number of letters issued for all FDA-regulated 
products (e.g., food, drugs, and medical devices) decreased by nearly 
half--from 806 letters in fiscal year 2002 to 434 in fiscal year 2007. 
However, as we conducted our study, FDA continued to find additional 
warning letters that had been issued for fiscal years 2002 through 
2007. In addition, according to FDA, its Fiscal Year 2007 Enforcement 
Story reported 471 warning letters for 2007. Thus, the number of food- 
labeling-related warning letters, as well as total FDA warning letters, 
may be higher than we report. Figure 3 shows the number of warning 
letters issued annually for fiscal years 2002 through 2007. 

Figure 3: FDA Food-Labeling-Related Warning Letters and All Other FDA 
Warning Letters Issued, Fiscal Years 2002 through 2007: 

This figure is a bar graph showing FDA food-labeling-related warning 
letters and all other FDA warning letters issued, fiscal years 2002 
through 2007. The X axis represents fiscal year, and the Y axis 
represents the number of warning letters. The darker shading represents 
food-labeling-related warning letters, and the lighter shading 
represents all other FDA warning letters. The X axis represents fiscal 
year, and the Y axis represents the number of warning letters. 

Fiscal year: 2002; 
Food-labeling-related warning letters: 67; 
All other FDA warning letters: 739. 

Fiscal year: 2003; 
Food-labeling-related warning letters: 107; 
All other FDA warning letters: 654. 

Fiscal year: 2004; 
Food-labeling-related warning letters: 75; 
All other FDA warning letters: 655. 

Fiscal year: 2005; 
Food-labeling-related warning letters: 68; 
All other FDA warning letters: 451. 

Fiscal year: 2006; 
Food-labeling-related warning letters: 85; 
All other FDA warning letters: 441. 

Fiscal year: 2007; 
Food-labeling-related warning letters: 373; 
All other FDA warning letters: 61. 

[See PDF for image] 

Source: GAO analysis of FDA's online databases of warning letters. 

[End of figure] 

The labeling-related warning letters addressed violations for different 
product types--including candy, baked goods, seafood, and juice drinks-
-that were identified through inspections or testing product samples. 
About 52 percent (241 of 463) of the letters were for dietary 
supplements. Of the 463 food-labeling-related warning letters, 326 
cited specific violations of the misbranding provision of the Federal 
Food, Drug, and Cosmetic Act; the other 137 letters cited other 
statutory provisions and regulations. As shown in table 4, the 326 
letters that cited the misbranding provision included references to 677 
violations in 15 different categories. 

Table 4: Number of Violations of the Misbranding Provision of the 
Federal Food, Drug, and Cosmetic Act Cited in 326 FDA Food-Labeling- 
Related Warning Letters, Fiscal Years 2002 through 2007: 

Food-labeling-related violation: Meets the generic finding that the 
"label is false or misleading in any particular"; 
Number of violations in the 326 letters: 163; 
Percentage of total violations: 24.1%. 

Food-labeling-related violation: Fails to meet the requirements to bear 
health and/or nutrient content claims; 
Number of violations in the 326 letters: 129; 
Percentage of total violations: 19.1. 

Food-labeling-related violation: Fails to declare all of the 
ingredients by their common or usual name; 
Number of violations in the 326 letters: 107; 
Percentage of total violations: 15.8. 

Food-labeling-related violation: Does not comply with the format and 
content requirements for nutrition information; 
Number of violations in the 326 letters: 84; 
Percentage of total violations: 12.4. 

Food-labeling-related violation: Lacks common or usual name of the 
food; 
Number of violations in the 326 letters: 46; 
Percentage of total violations: 6.8. 

Food-labeling-related violation: Lacks name and location of the 
manufacturer, packer, or distributor; 
Number of violations in the 326 letters: 30; 
Percentage of total violations: 4.4. 

Food-labeling-related violation: Contains undeclared flavoring, 
coloring, or chemical preservatives; 
Number of violations in the 326 letters: 27; 
Percentage of total violations: 4.0. 

Food-labeling-related violation: Bears a drug claim not allowed on a 
dietary supplement label; 
Number of violations in the 326 letters: 25; 
Percentage of total violations: 3.7. 

Food-labeling-related violation: Fails to declare accurate weight, 
quantity, or numerical count; 
Number of violations in the 326 letters: 22; 
Percentage of total violations: 3.2. 

Food-labeling-related violation: Fails to declare sources of all major 
food allergens; 
Number of violations in the 326 letters: 16; 
Percentage of total violations: 2.4. 

Food-labeling-related violation: Does not meet the standard identity 
indicated on the label; 
Number of violations in the 326 letters: 10; 
Percentage of total violations: 1.5. 

Food-labeling-related violation: Does not meet standard that 
information required be prominently placed on the label; 
Number of violations in the 326 letters: 9; 
Percentage of total violations: 1.3. 

Food-labeling-related violation: Claims, inaccurately, to contain 
ginseng; 
Number of violations in the 326 letters: 5; 
Percentage of total violations: 0.7. 

Food-labeling-related violation: Offered for sale under the name of 
another food; 
Number of violations in the 326 letters: 2; 
Percentage of total violations: 0.3. 

Food-labeling-related violation: Fails to declare the food is an 
imitation; 
Number of violations in the 326 letters: 2; 
Percentage of total violations: 0.3. 

Food-labeling-related violation: Total; 
Number of violations in the 326 letters: 677; 
Percentage of total violations: 100%. 

Source: GAO analysis of FDA warning letters. 

[End of table] 

FDA officials explained that they try to focus their oversight efforts 
on the labeling violations of public health significance and on the 
types of products with widespread or persistent violations. For 
example, on October 17, 2005, FDA issued 29 warning letters to 
manufacturers of cherry juice and other fruit products for unapproved 
claims related to diseases, and 25 letters on October 12, 2006, to 
makers of dietary supplement products that had drug claims or 
unauthorized health claims. 

FDA officials told us that warning letters are an important and very 
public tool for ensuring compliance with FDA regulations and alerting 
other companies of practices that are not acceptable. Furthermore, FDA, 
in accordance with Freedom of Information Act requirements, makes these 
letters available on its public Web site.[Footnote 17] However, we 
found several problems with FDA's public dissemination of warning 
letters that call into question the accuracy of its numbers. For 
example, we tested the reliability of this database and found that it 
was missing over 220 warning letters. When we brought the missing 
letters to their attention, FDA officials told us they posted them. 
Although FDA officials assured us that the database was complete and 
accurate, in February 2008 and later, we found duplicate letters in the 
database as well as additional letters that had been issued during 
fiscal years 2006 and 2007. Therefore, the number of warning letters 
posted on FDA's Web site for fiscal years 2002 through 2007 may be 
different from the number shown in figure 3. In April 2008, FDA 
officials told us they were continuing to work on the database and to 
discuss potential process improvements to help ensure that all letters 
are posted. 

In fiscal year 2001, FDA had issued nearly twice as many warning 
letters for all violations than in 2002. FDA officials attributed the 
decrease in warning letters, in part, to new policies that transferred 
the approval of warning letters from FDA centers and districts to the 
Office of Chief Counsel. FDA officials told us that the target 
turnaround time for issuing a warning letter--the elapsed time between 
the day officials identify the violation, either through an inspection, 
laboratory test, or illness outbreak investigation, and the day FDA 
issues a warning letter--is about 4 months. This is a nearly fourfold 
increase over the 30-workday target time we reported in February 
2005.[Footnote 18] A longer lag time to issue a warning letter 
increases the number of days for which consumers may consume the 
misbranded food before FDA posts these serious problems on its Web 
site. 

In addition, FDA estimated that it has sent one third as many untitled 
letters--correspondence citing violations that FDA deems as not 
warranting a warning letter--as warning letters. We did not assess 
untitled letters because FDA did not centrally track the letters in a 
database, nor did it maintain copies centrally until fiscal year 2008. 
Regarding regulatory meetings, FDA could not tell us how many were held 
because these meetings are handled exclusively by the district offices 
and are not centrally tracked. FDA does not receive any information on 
the extent to which districts are using these meetings and whether the 
different field offices are using the same criteria for these meetings. 

More Serious Enforcement Actions on Labeling Are Generally Limited: 

FDA has taken few enforcement actions--seizures, injunctions, and 
import refusals--for food labeling violations and issued a number of 
labeling-related import alerts. FDA was able to provide us with data on 
seizures and injunctions for 10 years and on import refusals and import 
alerts for 6 years. 

Seizures: In fiscal years 1998 through 2007, FDA had initiated actions 
that resulted in court seizures of 21 products in domestic commerce for 
food-labeling-related violations. Of the 21 seizures, most were of 
imported products. Olive oil, dietary supplements, and mushrooms were 
the most frequently seized products. 

Injunctions: According to FDA documents, the courts enjoined two 
companies in response to possible labeling violations for fiscal years 
1998 through 2007.[Footnote 19] On February 3, 2006, FDA obtained a 
consent decree of permanent injunction against Natural Ovens Bakery, 
Inc., for allegedly introducing misbranded foods, including dietary 
supplements, and misbranded and unapproved drugs into interstate 
commerce and for causing foods to become misbranded. According to FDA 
documents, the injunction was obtained after a 20-year history of 
noncompliance with FDA regulations, and 3 years after an April 8, 2003, 
warning letter that FDA's Minneapolis District Office had issued in 
response to inspections conducted in December 2002, February 2002, and 
September 2001. The other was a consent decree of permanent injunction, 
entered in September 2003 against a dietary supplement manufacturer-- 
Hi-Tech Pharmaceuticals, Inc.--for allegedly labeling dietary 
supplements with drug claims, which violated food labeling requirements 
and caused FDA to have to regulate the supplements as drugs and, 
specifically, as unapproved new drugs. FDA considered this injunction 
to be food-labeling-related. 

Import refusals: FDA refused entry to 15,226 imported food product 
entry lines that had labeling violations from fiscal years 2002 through 
2007.[Footnote 20] In fiscal year 2002, while FDA examined the fewest 
labels, it refused entry to the highest percentage of foods; 
conversely, in fiscal year 2005, FDA examined the greatest number of 
labels, and refused entry to the lowest percentage of foods over the 6- 
year period. In addition, over this period, 14,851 products that had 
labeling violations were released "with comments"--meaning that FDA 
allowed the shipment with a labeling violation to enter the United 
States with notice to the importer that subsequent shipments could be 
refused entry if the violation was not corrected.[Footnote 21] Releases 
with comment are intended to cover deficiencies FDA regards as minor, 
nonhealth-significant. If FDA finds additional imports of one of these 
products with the same violation 60 or more days after the earlier 
shipment is released with comments, FDA may consider detention, 
according to FDA officials. (See table 5.) 

Table 5: Number of Imported Food Product Entry Lines Examined for 
Labeling Compliance, Refused Import, and Released with Comment, Fiscal 
Years 2002 through 2007: 

Fiscal year: 2002; 
Product lines examined for labeling compliance: Number: 16,275; 
Product lines refused import that had labeling violations: Number: 
2,357; 
Product lines refused import that had labeling violations: Percentage 
of total product lines examined: 14.5%; 
Product lines released with comments that had labeling violations: 
Number: 1,518; 
Product lines released with comments that had labeling violations: 
Percentage of total product lines examined: 9.3%. 

Fiscal year: 2003; 
Product lines examined for labeling compliance: Number: 29,383; 
Product lines refused import that had labeling violations: Number: 
2,919; 
Product lines refused import that had labeling violations: Percentage 
of total product lines examined: 9.9; 
Product lines released with comments that had labeling violations: 
Number: 3,104; 
Product lines released with comments that had labeling violations: 
Percentage of total product lines examined: 10.6. 

Fiscal year: 2004; 
Product lines examined for labeling compliance: Number: 30,598; 
Product lines refused import that had labeling violations: Number: 
2,671; 
Product lines refused import that had labeling violations: Percentage 
of total product lines examined: 8.7; 
Product lines released with comments that had labeling violations: 
Number: 2,657; 
Product lines released with comments that had labeling violations: 
Percentage of total product lines examined: 8.7. 

Fiscal year: 2005; 
Product lines examined for labeling compliance: Number: 38,782; 
Product lines refused import that had labeling violations: Number: 
2,498; 
Product lines refused import that had labeling violations: Percentage 
of total product lines examined: 6.4; 
Product lines released with comments that had labeling violations: 
Number: 2,304; 
Product lines released with comments that had labeling violations: 
Percentage of total product lines examined: 5.9. 

Fiscal year: 2006; 
Product lines examined for labeling compliance: Number: 34,753; 
Product lines refused import that had labeling violations: Number: 
2,497; 
Product lines refused import that had labeling violations: Percentage 
of total product lines examined: 7.2; 
Product lines released with comments that had labeling violations: 
Number: 2,885; 
Product lines released with comments that had labeling violations: 
Percentage of total product lines examined: 8.3. 

Fiscal year: 2007; 
Product lines examined for labeling compliance: Number: 34,215; 
Product lines refused import that had labeling violations: Number: 
2,284; 
Product lines refused import that had labeling violations: Percentage 
of total product lines examined: 6.7; 
Product lines released with comments that had labeling violations: 
Number: 2,383; 
Product lines released with comments that had labeling violations: 
Percentage of total product lines examined: 7.0. 

Fiscal year: Total; 
Product lines examined for labeling compliance: Number: 184,006; 
Product lines refused import that had labeling violations: Number: 
15,226; 
Product lines refused import that had labeling violations: Percentage 
of total product lines examined: 8.3%; 
Product lines released with comments that had labeling violations: 
Number: 14,851; 
Product lines released with comments that had labeling violations: 
Percentage of total product lines examined: 8.1%. 

Source: GAO analysis of FDA Operational and Administrative System 
Import Support data. 

Note: While food labeling was listed as a reason in each import refusal 
and release with comment, it was not necessarily the only reason, nor 
was it necessarily the most serious violation. 

[End of table] 

For import refusals, the most frequent labeling violations cited were 
the lack of required nutrition information (25 percent); the failure to 
list the common or usual name of each ingredient (18 percent); the 
failure to accurately state the product's weight, measure, or numerical 
count (13 percent); and the failure to provide the label in English (12 
percent). (See table 6.) 

Table 6: Violations Cited in Food-Labeling-Related Import Refusals, 
Fiscal Years 2002 through 2007: 

Food-labeling-related violation: Lacks required nutrition information; 
Number of violations: 6,909; 
Percentage of total violations: 25%. 

Food-labeling-related violation: Lacks the common or usual ingredient 
name; 
Number of violations: 4,840; 
Percentage of total violations: 18. 

Food-labeling-related violation: Fails to declare accurate weight, 
quantity, or numerical count; 
Number of violations: 3,519; 
Percentage of total violations: 13. 

Food-labeling-related violation: Lacks information in English; 
Number of violations: 3,348; 
Percentage of total violations: 12. 

Food-labeling-related violation: Lacks name and location of the 
manufacturer, packer, or distributor; 
Number of violations: 1,906; 
Percentage of total violations: 7. 

Food-labeling-related violation: Lacks common or usual name of the 
food; 
Number of violations: 1,576; 
Percentage of total violations: 6. 

Food-labeling-related violation: Fails to indicate apparent added 
coloring; 
Number of violations: 1,022; 
Percentage of total violations: 4. 

Food-labeling-related violation: Bears a label that is inconspicuous 
and unlikely to be read; 
Number of violations: 842; 
Percentage of total violations: 3. 

Food-labeling-related violation: Bears false and misleading 
information; 
Number of violations: 673; 
Percentage of total violations: 2. 

Food-labeling-related violation: Bears a label with 1 of 13 "other" 
categories with less than 1 percent of the violations cited[A]; 
Number of violations: 628; 
Percentage of total violations: 2. 

Food-labeling-related violation: Fails to declare apparent color 
additive Yellow No. 5; 
Number of violations: 552; 
Percentage of total violations: 2. 

Food-labeling-related violation: Does not meet FDA's standard of 
identity; 
Number of violations: 397; 
Percentage of total violations: 1. 

Food-labeling-related violation: Fails to declare a chemical 
preservative; 
Number of violations: 356; 
Percentage of total violations: 1. 

Food-labeling-related violation: Fails to declare the trans fat 
content; 
Number of violations: 222; 
Percentage of total violations: 1. 

Food-labeling-related violation: Lacks prominent statement of the 
percentage of vegetable or fruit juice; 
Number of violations: 217; 
Percentage of total violations: 1. 

Food-labeling-related violation: Fails to declare sulfites; 
Number of violations: 174; 
Percentage of total violations: 1. 

Food-labeling-related violation: Bears an unauthorized nutrient/health 
claim; 
Number of violations: 158; 
Percentage of total violations: 1. 

Food-labeling-related violation: Total; 
Number of violations: 27,339; 
Percentage of total violations: 100%. 

Source: GAO analysis of FDA data. 

[A] The "other" category includes 13 types of violations, such as 
"inaccurately represents fish as catfish" and "fails to declare all 
major food allergens." 

[End of table] 

Of the nine countries with the greatest value of agricultural, fish, 
and seafood imports to the United States in fiscal year 2006, Canada 
was the largest--with a total value of $15.6 billion; Mexico was second 
with $9.8 billion, followed by China with $4.2 billion. As shown in 
table 7, during fiscal years 2002 through 2007, Canada also had the 
most food labels reviewed (45,377) and lowest rate of import refusals 
(2.6 percent) where a labeling violation was cited, while Australia had 
the fewest label reviews (697) and the highest rate of import refusals 
(14.3 percent) where a labeling violation was cited. 

Table 7: Imported Food Products Examined for Labeling Compliance, 
Products Refused Import, and Products Released With Comment for Fiscal 
Years 2002 through 2007, for the Top Nine Countries in Value of 
Agricultural, Fish, and Seafood Imports: 

Country (value of agricultural, fish, and seafood imports in 2006, in 
billions): Canada ($15.6); 
Products: Examined for labeling compliance: Number: 45,377; 
Products: Refused import that had labeling violations: Number: 1,174; 
Products: Refused import that had labeling violations: Percentage of 
products examined: 2.6%; 
Products: Released with comments that had labeling violations: Number: 
1,538; 
Products: Released with comments that had labeling violations: 
Percentage of products examined: 3.4%. 

Country (value of agricultural, fish, and seafood imports in 2006, in 
billions): Mexico ($9.8); 
Products: Examined for labeling compliance: Number: 25,622; 
Products: Refused import that had labeling violations: Number: 1,964; 
Products: Refused import that had labeling violations: Percentage of 
products examined: 7.7; 
Products: Released with comments that had labeling violations: Number: 
830; 
Products: Released with comments that had labeling violations: 
Percentage of products examined: 3.2. 

Country (value of agricultural, fish, and seafood imports in 2006, in 
billions): China[A] ($4.2); 
Products: Examined for labeling compliance: Number: 8,595; 
Products: Refused import that had labeling violations: Number: 655; 
Products: Refused import that had labeling violations: Percentage of 
products examined: 7.6; 
Products: Released with comments that had labeling violations: Number: 
991; 
Products: Released with comments that had labeling violations: 
Percentage of products examined: 11.5. 

Country (value of agricultural, fish, and seafood imports in 2006, in 
billions): Thailand ($3.1); 
Products: Examined for labeling compliance: Number: 5,362; 
Products: Refused import that had labeling violations: Number: 253; 
Products: Refused import that had labeling violations: Percentage of 
products examined: 4.7; 
Products: 
Products: Released with comments that had labeling violations: Number: 
489; 
Products: Released with comments that had labeling violations: 
Percentage of products examined: 9.1. 

Country (value of agricultural, fish, and seafood imports in 2006, in 
billions): Italy ($2.8); 
Products: Examined for labeling compliance: Number: 4,891; 
Products: Refused import that had labeling violations: Number: 429; 
Products: Refused import that had labeling violations: Percentage of 
products examined: 8.8; 
Products: Released with comments that had labeling violations: Number: 
563; 
Products: Released with comments that had labeling violations: 
Percentage of products examined: 11.5. 

Country (value of agricultural, fish, and seafood imports in 2006, in 
billions): Indonesia ($2.8); 
Products: Examined for labeling compliance: Number: 1,726; 
Products: Refused import that had labeling violations: Number: 156; 
Products: Refused import that had labeling violations: Percentage of 
products examined: 9.0; 
Products: Released with comments that had labeling violations: Number: 
173; 
Products: Released with comments that had labeling violations: 
Percentage of products examined: 10.0. 

Country (value of agricultural, fish, and seafood imports in 2006, in 
billions): Chile ($2.7); 
Products: Examined for labeling compliance: Number: 1,136; 
Products: Refused import that had labeling violations: Number: 34; 
Products: Refused import that had labeling violations: Percentage of 
products examined: 3.0; 
Products: Released with comments that had labeling violations: Number: 
133; 
Products: Released with comments that had labeling violations: 
Percentage of products examined: 11.7. 

Country (value of agricultural, fish, and seafood imports in 2006, in 
billions): Australia ($2.6); 
Products: Examined for labeling compliance: Number: 697; 
Products: Refused import that had labeling violations: Number: 100; 
Products: Refused import that had labeling violations: Percentage of 
products examined: 14.3; 
Products: Released with comments that had labeling violations: Number: 
67; 
Products: Released with comments that had labeling violations: 
Percentage of products examined: 9.6. 

Country (value of agricultural, fish, and seafood imports in 2006, in 
billions): Brazil ($2.4); 
Products: Examined for labeling compliance: Number: 2,321; 
Products: Refused import that had labeling violations: Number: 220; 
Products: Refused import that had labeling violations: Percentage of 
products examined: 9.5; 
Products: Released with comments that had labeling violations: Number: 
338; 
Products: Released with comments that had labeling violations: 
Percentage of products examined: 14.6. 

Country (value of agricultural, fish, and seafood imports in 2006, in 
billions): Total; 
Products: Examined for labeling compliance: Number: 95,727; 
Products: Refused import that had labeling violations: Number: 4,985; 
Products: Refused import that had labeling violations: Percentage of 
products examined: 5.2%; 
Products: Released with comments that had labeling violations: Number: 
5,122; 
Products: Released with comments that had labeling violations: 
Percentage of products examined: 5.4%. 

Source: GAO analysis of FDA OASIS data and value of imports data for 
2006 from USDA's Foreign Agricultural Service. 

Note: The country from which a food product was imported is not 
necessarily the country of origin of the food product. For example, 
food imported from Canada may have originated in the United Kingdom. In 
addition, while food labeling was a reason in each of the import 
refusals and imports released with comment, it was not necessarily the 
only reason, nor was it necessarily the most serious violation. 

[A] The data for China do not include Hong Kong and Macau. 

[End of table] 

Import alerts: As of January 28, 2008, FDA gave us information on 
active import alerts for 64 food products that officials characterized 
as labeling violations. For example, FDA issued import alerts for 
several different types of biscuits imported from India that did not 
use the common or usual name for ingredients. Once a product is on the 
import alert list, FDA does not remove it until the firm appears to 
have corrected the violation, according to FDA officials. Twenty of the 
64 products on import alert were added during fiscal year 2007, and 1 
of the remaining 44 had been in effect since April 2000. In technical 
comments on a draft of this report, FDA indicated that 64 alerts seemed 
too low and that it may not have provided us with all import alerts for 
labeling violations. However, FDA did not provide additional 
information or documentation on those alerts. 

FDA Has Collected but Not Analyzed Data on Labeling Violations and 
Follow-up Actions: 

FDA does not centrally track or analyze data on potentially serious 
labeling violations or firms' actions to correct those violations. We 
repeatedly requested any routine reports on labeling compliance that 
FDA managers used to help them carry out their program oversight 
responsibilities. However, according to officials, they do not generate 
such routine reports due, in part, to resource limitations and to 
limitations in FDA information systems. For example, over the past 
decade, FDA has never analyzed the results of the laboratory tests on 
the accuracy of labeling information (e.g., the Nutrition Facts panel 
and declared allergens) on domestic and imported foods. An official 
said they had always wanted to develop computer programs that would 
identify trends, but did not have the staff to do so. Also, FDA does 
not routinely analyze and report on trends in labeling violations. As a 
result, FDA managers do not have important information to inform their 
decision making on setting priorities for overseeing compliance with 
labeling requirements and allocating resources for labeling program 
activities. 

Furthermore, FDA does not provide consumers and others with important 
information on its public Web site to help inform their food purchasing 
decisions. As we have previously noted, FDA's Web site's posting of 
warning letters has not been kept current and complete. In addition, 
although FDA maintains import refusals and warning letters, its Web 
site does not provide the public with summary information on, and 
trends in, serious labeling violations by, for example, product type, 
company, and country. 

In addition, from fiscal years 2001 through 2007, FDA documented 
approximately 2,600 complaints from consumers on food labeling issues 
in FACTS--its compliance tracking system. These data included 
complaints that ingredients--such as allergens--in the food were not 
listed on the label and may harm consumers' health. However, the data 
concerning complaints were not entered into FACTS in a way that would 
facilitate analysis. Specifically, standard terminology was not used 
and information on complaint resolutions was captured in different data 
fields. As a result, FDA program managers cannot readily use these 
FACTS data to track the timely and appropriate resolution of consumer 
labeling complaints. 

CFSAN Continues to Maintain Duplicate Recall Database: 

According to our analysis of FDA's Recall Enterprise System (RES) 
database, 409 of the 1,295 food product recalls that firms carried out 
during fiscal years 2003 through 2007 listed food labeling violations, 
such as failing to list added chemical preservatives on labels, as a 
factor. While food labeling was listed as a reason in each of the 409 
recalls, it was not necessarily the only reason nor was it necessarily 
the most serious violation. In addition, almost 57 percent of the 
labeling-related recalls were for violations that FDA classifies as 
high risk--that is, posing a reasonable probability of causing serious 
adverse health consequences or death--such as labels that fail to 
identify certain allergens in the food, such as tree nuts, that are 
potentially deadly to individuals who are sensitive to them. 

However, CFSAN maintains an unofficial database of food recalls and 
reported that it was able to identify more labeling-related recalls 
than we did in using the official RES. In the course of our work, we 
learned that CFSAN has continued to maintain this unofficial database 
for food recalls apart from the official RES. In October 2004, we first 
reported CFSAN's use of this duplicative recall database and the 
discrepancies between the unofficial data and the official 
data.[Footnote 22] At the time, CFSAN program staff told us they used 
the unofficial database to generate reports for Congress because it 
contained the most accurate data. We pointed out that keeping the 
second database raised significant questions about the validity and 
reliability of the official system. We also pointed out FDA's 
substantial investment in the RES and the duplication of resources 
spent maintaining two separate data systems. Although FDA agreed with 
our recommendation to eliminate the duplicative recall database, it has 
continued using resources to maintain the second system--resources that 
could be used on other CFSAN work. 

When FDA provided the RES data electronically for our independent 
analysis, officials told us it was the official source for CFSAN 
recalls, including the food-labeling-related recalls. We developed 
criteria for selecting labeling-related recalls on the basis of various 
labeling terms and sections on food labeling in the Federal Food, Drug, 
and Cosmetic Act. FDA agreed that our criteria for identifying labeling-
related recalls were valid. In December 2007, FDA provided final fiscal 
year 2007 data to complete our analysis. Subsequently, in April 2008, 
as part of our quality assurance procedures, we provided FDA with our 
list of labeling-related recalls to review for completeness. CFSAN 
officials informed us in May 2008 that by using their unofficial 
database, they identified about 250 food-labeling- related recalls that 
were not in our list. Of the 250, 171 were in the official system data 
but were not captured by the criteria we used. Regarding the remaining 
79 recalls, we were unable to locate them in the RES data provided to 
us. In technical comments on a draft of this report, FDA noted that the 
79 recalls had coding differences. However, FDA did not provide us with 
the codes that corresponded to the RES data. We had originally thought 
that these 79 recalls were missing from the official database and, 
therefore, were not posted on the FDA public Web site--thus, we drafted 
a recommendation that FDA post all recalls in a timely manner. However, 
after FDA commented that the differences could be due to coding, we 
deleted this recommendation. It appears that the 409 labeling-related 
recalls we identified may be a minimum number and, thus, may understate 
the number of recalls with labeling violations. Because we did not 
receive the unofficial database, we did not independently analyze it or 
assess its validity and reliability. 

FDA Reports That Resource Constraints and Limited Authority Challenge 
Efforts to Carry Out Food-Related Responsibilities, Including Food 
Labeling: 

FDA's Science Board Advisory Committee report, the Commissioner's May 
2008 resource needs assessment, and the Food Protection Plan cite 
challenges to FDA's efforts to carry out food safety and other food- 
related responsibilities, in part, because its resources have not kept 
pace with its increasing responsibilities--challenges that directly 
impact its oversight of labeling requirements. In addition, FDA does 
not have certain authorities that it reports would allow it to better 
leverage resources and carry out its food-related missions. These 
authorities could help FDA administer and enforce the food labeling 
requirements. 

FDA Asserts That Resources Have Not Kept Pace with Growing 
Responsibilities: 

According to the Science Board report, the demands on FDA have soared, 
but resources have not increased in proportion to demand. In the May 
2008 resource needs assessment, FDA's Commissioner identified the 
immediate need for additional resources--for improvements in FDA's 
science, information technology, and program capabilities--to ensure 
the safety of FDA-regulated imports and protect the food supply. 
Likewise, the Food Protection Plan asserts FDA's ever-expanding 
responsibilities--such as safeguarding the evolving food demands of 
consumers; overseeing the increasing volume, variety, and sources of 
imported food; and staying ahead of the emerging threats to food safety 
and security--and all of the skills, technologies, and initiatives that 
it is planning to meet these new challenges. However, as we have 
testified, it is unclear what the total costs will be to fully 
implement the plan; thus, we continue to have concerns about FDA's lack 
of specificity on the resource needs.[Footnote 23] 

Although FDA received increased funding for new bioterrorism-related 
responsibilities following September 11, 2001, staffing levels for 
CFSAN have declined since then and funding (in constant dollars) has 
stagnated. Between fiscal years 2003 and 2007, the number of FTE 
employees in CFSAN headquarters dropped about 20 percent, from 950 to 
763, and inspection and enforcement staff decreased by about 19 
percent, from 2,217 to 1,806 (see app. IV). While funding in nominal 
dollars increased from $406.8 million in 2003 to $457.1 million in 
2007, when adjusted for inflation, funding in the 2 years is nearly the 
same--$465.7 million and $465.8 million, respectively--in constant 2008 
dollars. At the same time, as we have previously noted, the number of 
FDA-regulated domestic food firms increased more than 10 percent--from 
about 58,270 in 2003 to about 65,520 in 2007. Also, the number of 
different imported food product entry lines has tripled in the past 10 
years, and imports account for 15 percent of the food supply. Appendix 
IV provides detailed information on FDA funding and FTEs for each 
center. 

For fiscal years 1999 through 2007, the FTE staff years for the Office 
of Nutrition, Labeling, and Dietary Supplements reached its highest 
level in 2002 (88) and its lowest in 2007 (65), according to data 
provided by FDA finance and other officials. Within the office, funding 
and staffing for food labeling activities, as estimated by an FDA 
finance official, have remained fairly steady since fiscal year 2005, 
the first year for which FDA staff were able to separate resources for 
labeling-related activities from other Office of Nutrition, Labeling, 
and Dietary Supplements work (see table 8). 

Table 8: Estimated Staffing and Funding for the Office of Nutrition, 
Labeling, and Dietary Supplements for Fiscal Years 1999 through 2007 
and Estimated Staffing and Funding for Food Labeling Related and Other 
Activities for Fiscal Years 2005 through 2007: 

Dollars in millions. 

Fiscal year: 1999; 
Staffing level (FTEs): Food-labeling-related: [A]; 
Staffing level (FTEs): Other: [A]; 
Staffing level (FTEs): Total: 83; 
Budget authority: Food-labeling-related: [A]; 
Budget authority: Other: [A]; 
Budget authority: Total: $7.5. 

Fiscal year: 2000; 
Staffing level (FTEs): Food-labeling-related: [A]; 
Staffing level (FTEs): Other: [A]; 
Staffing level (FTEs): Total: 80; 
Budget authority: Food-labeling-related: [A]; 
Budget authority: Other: [A]; 
Budget authority: Total: 6.9. 

Fiscal year: 2001; 
Staffing level (FTEs): Food-labeling-related: [A]; 
Staffing level (FTEs): Other: [A]; 
Staffing level (FTEs): Total: 73; 
Budget authority: Food-labeling-related: [A]; 
Budget authority: Other: [A]; 
Budget authority: Total: 6.8. 

Fiscal year: 2002; 
Staffing level (FTEs): Food-labeling-related: [A]; 
Staffing level (FTEs): Other: [A]; 
Staffing level (FTEs): Total: 88; 
Budget authority: Food-labeling-related: [A]; 
Budget authority: Other: [A]; 
Budget authority: Total: 9.7. 

Fiscal year: 2003; 
Staffing level (FTEs): Food-labeling-related: [A]; 
Staffing level (FTEs): Other: [A]; 
Staffing level (FTEs): Total: 86; 
Budget authority: Food-labeling-related: [A]; 
Budget authority: Other: [A]; 
Budget authority: Total: 8.6. 

Fiscal year: 2004; 
Staffing level (FTEs): Food-labeling-related: [A]; 
Staffing level (FTEs): Other: [A]; 
Staffing level (FTEs): Total: 83; 
Budget authority: Food-labeling-related: [A]; 
Budget authority: Other: [A]; 
Budget authority: Total: 10.0. 

Fiscal year: 2005; 
Staffing level (FTEs): Food-labeling-related: 10.0; 
Staffing level (FTEs): Other: 73.0; 
Staffing level (FTEs): Total: 83; 
Budget authority: Food-labeling-related: $1.2; 
Budget authority: Other: $8.8; 
Budget authority: Total: 10.0. 

Fiscal year: 2006; 
Staffing level (FTEs): Food-labeling-related: 9.0; 
Staffing level (FTEs): Other: 65.0; 
Staffing level (FTEs): Total: 74; 
Budget authority: Food-labeling-related: 1.1; 
Budget authority: Other: 7.7; 
Budget authority: Total: 8.8. 

Fiscal year: 2007; 
Staffing level (FTEs): Food-labeling-related: 10.5; 
Staffing level (FTEs): Other: 54.5; 
Staffing level (FTEs): Total: 65; 
Budget authority: Food-labeling-related: 1.3; 
Budget authority: Other: 6.9; 
Budget authority: Total: 8.2. 

Source: FDA CFSAN finance and other officials. 

[A] For fiscal years 1999 through 2004, FDA did not separately track 
the amount of resources used for food-labeling-related activities, 
according to an FDA finance official. 

[End of table] 

FDA's Science Board reported on the growing disparity between FDA 
resources and responsibilities. Noting that the demands on FDA have 
soared, while resources have not increased proportionately, the 
committee concluded that the disparity has made it increasingly 
"impossible" for FDA to maintain its historic public health mission. In 
the May 2008 resource needs assessment, the FDA Commissioner identified 
the immediate need for additional staff to enable the agency to affect 
its food-safety-related goals. This would benefit administering and 
enforcing food labeling requirements. In addition, according to FDA 
officials, the agency generally does not address misleading food 
labeling because it lacks the resources to conduct the substantive, 
empirical research on consumer perceptions that it believes it would 
need to legally demonstrate that a label is misleading, as the agency 
believes is required by court rulings, such as Pearson v. Shalala, 
which is discussed in appendix V. 

FDA Has Reported That Certain Authorities It Lacks for Food Programs, 
Including Labeling, Would Help It Leverage Resources and Carry Out 
Regulatory Responsibilities: 

The Food Protection Plan identified a number of legislative changes-- 
new authorities FDA recognized were needed, including, among others, 
the authority to charge user fees for certain reinspections, accredit 
third-party inspectors for certain reviews, and mandate recalls when 
voluntary recalls are not effective. FDA has these authorities for 
certain other products it regulates but not for food labeling 
activities or most food oversight efforts. In addition, FDA has never 
used its detention authority under the Bioterrorism Act of 2002 to 
detain potentially dangerous food because, according to the agency, its 
other authorities and regulatory tools have been adequate to date to 
protect public health. 

Several FDA centers have the authority to collect user fees for 
particular activities. For example, FDA's Center for Devices and 
Radiological Health has the authority to collect and retain user fees 
from firms for reviewing and approving premarket applications for 
medical devices. The center uses the fees to offset the costs of 
reviewing and approving these applications and to increase staffing 
levels. In its Fiscal Year 2009 Justification of Estimates for 
Appropriations Committees for FDA, HHS proposed a reinspection user fee 
on food industry firms that fail to meet important manufacturing and 
food safety requirements. This fee would cover the full cost of 
reinspections and the associated follow-up work.[Footnote 24] We have 
presented various ways to design user fees to encourage greater 
efficiency, equity, and revenue adequacy and to reduce the 
administrative burden on the agency and payers of the fees.[Footnote 
25] For example, the extent to which a program is funded by user fees 
should generally be guided by who primarily benefits from the program. 
If a program primarily benefits the general public (e.g., national 
defense), it should be supported by general revenue, not user fees; if 
it primarily benefits identifiable users, such as customers of the U.S. 
Postal Service, it should be funded by fees; and if a program benefits 
both the general public and users, it should be funded in part by fees 
and in part by general revenues. The guide may provide useful direction 
to FDA as it proceeds with its proposed reinspection user fee. (Funding 
data presented in app. IV also show user fees collected by some FDA 
centers.) 

Regarding the authority to accredit qualified third-party inspectors, 
which the Food Protection Plan states will allow FDA to allocate 
inspection resources more effectively, FDA plans to use these highly 
qualified parties to, among other things, carry out certain voluntary 
reviews in foreign food facilities, where few inspections and label 
reviews are currently done. As we testified in May 2008, FDA's Center 
for Devices and Radiological Health has accredited third-party 
organizations to conduct voluntary inspections of foreign firms that 
manufacture medical devices, and these third parties completed six 
inspections in 4 years.[Footnote 26] We noted that an incentive for 
firms to participate included the opportunity to reduce the number of 
inspections conducted to meet FDA's and other countries' requirements. 
Disincentives include bearing the cost of the inspections and the 
potential consequences that could include regulatory action. We further 
noted that the small number of inspections raised questions about the 
practicality and effectiveness of using accredited third-party 
inspectors to quickly help FDA increase the number of foreign firms 
inspected. 

The Food Protection Plan does not describe how FDA expects to design 
and implement the proposed accredited third-party inspection program to 
inspect foreign food firms or how this proposal will help it leverage 
resources. In contrast, USDA uses third-party Agricultural Commodity 
Meat Graders--contracted for their expertise--to carry out certain 
reviews in its livestock and meat grading and certification programs. 

FDA's Food Protection Plan also asserts that the agency needs mandatory 
recall authority for food. It has this authority for infant formula and 
medical devices that present a health hazard. Other agencies, such as 
the National Highway Traffic Safety Administration and the Consumer 
Product Safety Commission, use their recall authority to help protect 
consumers from products that can cause serious injuries, such as unsafe 
infant car seats. We have previously proposed that Congress consider 
giving FDA mandatory food recall authority.[Footnote 27] 

The Bioterrorism Act of 2002 gave FDA the authority to administratively 
detain any article of food found during an examination, inspection, or 
investigation, if it has credible evidence or information indicating 
that the article of food presents a threat of serious adverse health 
consequences or death, for labeling and other violations. However, FDA 
has never used this authority. 

According to the agency, its other authorities and regulatory tools, 
such as its authority to refuse entry of imports under section 801 of 
the act, have been adequate to date to protect public health. In 
contrast, USDA has detention authority for meat and poultry products in 
interstate commerce that its FSIS uses to prevent shipments under its 
jurisdiction from entering U.S. commerce, if the agency has reason to 
believe that the food is adulterated or misbranded. USDA reported that, 
from July through September 2006, its import investigators detained 15 
shipments--about 9,500 pounds--of imported meat products. 

FDA officials acknowledged that implementing the Food Protection Plan 
will require additional resources, and that FDA will need to partner 
with Congress to obtain the additional statutory authorities to 
transform the safety of the nation's food supply. However, as we 
testified in May 2008, FDA's congressional outreach strategy is 
general.[Footnote 28] When we asked FDA officials if they had a 
congressional outreach strategy, officials said that they had met with 
various committees to discuss the Food Protection Plan. When we asked 
if they had provided draft language to congressional committees on the 
various authorities, FDA officials explained that they had only 
provided technical assistance, such as commenting on draft bills, to 
congressional staff when asked. 

Key Stakeholders Suggested Actions to Help Mitigate Misleading Labeling 
and Assist Consumers' Efforts to Identify Healthy Food: 

Key stakeholders--officials from health, medical, and consumer 
organizations in the United States and Europe--advocate a uniform front-
of-package symbol to help consumers select healthy food and avoid 
misleading or confusing labeling. Some U.S. trading partners have 
implemented voluntary front-of-package nutrition symbols and several 
U.S. manufacturers and groceries are using front-of-package symbols. In 
addition, many stakeholders identified or petitioned FDA for other 
actions that they believe FDA should pursue to avoid misleading 
labeling and help consumers identify nutritious foods. Some 
stakeholders noted that taking such actions may require FDA to redirect 
resources. 

Other Countries and Several Key Stakeholders Favor Uniform Front-of- 
Package Nutrition Symbols: 

Consumers have reported understanding certain labeling terms, such as 
"sugar" and "vitamins," and finding benchmarks (such as daily reference 
values) helpful in comparing products, but they generally found 
nutrition labeling confusing, especially certain technical and 
numerical information, according to a recent synthesis of nutrition 
studies.[Footnote 29] For example, consumers had difficulty in 
understanding the role that nutrients played in their diet, and the 
relationship between sugar and carbohydrates as well as the terms 
"cholesterol" and "fatty acids." While a few studies suggest that many 
consumers look at Nutrition Facts panels when they buy food for the 
first time, some studies suggest that consumers may simply look at the 
information but not process it further. The National Academies' 
Institute of Medicine, which is often called on to advise federal 
agencies on health issues, reported in 2006 that there is little 
evidence that the information on food labels has a significant impact 
overall on eating or food purchasing.[Footnote 30] The institute had 
previously recommended that FDA and others increase research on the 
nutrition label and pointed out that manufacturers' use of nutrition 
symbols underscores the need to improve strategies for using the food 
label as an educational tool. In addition, in a November 2007 letter to 
FDA, the American Medical Association (AMA) stated that there is 
evidence that consumers have difficulty in making appropriate judgments 
about which foods are the healthiest. 

Several major health and consumer organizations in the United States, 
as well as in Canada and Europe, advocate mandatory, uniform front-of- 
package nutrition rating systems to help consumers select healthy 
foods. In the United States, the AMA and the American Heart Association 
advocate such a system, and the Institute of Medicine's 2006 report 
recommended that food and beverage companies work with government, 
scientific, public health, and consumer groups to develop and implement 
an industrywide system. Furthermore, to help consumers choose more 
nutritious foods, the scientists with expertise in nutrition and public 
health who developed the 2005 Dietary Guidelines for Americans 
expressed concern that consumers did not have a scientifically valid 
system to show nutrient density on food labels, and recommended that 
HHS and USDA develop this system. In addition, the Center for Science 
in the Public Interest petitioned FDA in 2006 to develop a simple, 
uniform, science-based rating system that could be graphically 
represented on the front of food packages to give consumers consistent, 
reliable nutrition information. 

Although the European Union does not require nutrition labeling for all 
foods, it does require it on foods that have health or nutrition claims 
or that have voluntarily added vitamins or minerals, according to a 
European Union official. In addition, several countries, including the 
United Kingdom, the Netherlands, and Sweden, have implemented 
voluntary, front-of-package nutrition labeling systems, while Canada is 
proposing research on how such systems influence food purchases, among 
other things, and consulting stakeholders. The European Commission has 
proposed a mandatory, front-of-package labeling system. 

Figure 4 shows the front-of-package nutrition symbols for systems in 
the United Kingdom, the Netherlands, and Sweden, which help consumers 
in those countries identify healthy foods. 

Figure 4: Selected Front-of-Package Symbols Used in Other Countries: 

This figure is a picture of selected front-of-package symbols used in 
other countries. 

[See PDF for image] 

Source: Government officials from the United Kingdom, the Netherlands, 
and Sweden. 

[End of figure] 

Consumers and health organizations in many countries have a heightened 
interest in the benefits of choosing healthy foods, including several 
that have implemented (see fig. 4) or are considering front-of-package 
nutrition labeling systems. For example: 

* The United Kingdom: The Food Standards Agency implemented a voluntary 
front-of-package traffic light symbol to help consumers distinguish 
between the healthiest choices (green light), less-healthy choices 
(amber light), and least healthy choices (red light) with respect to 
fat, saturated fat, salt, sugars, and usually calories, as well. 
Officials report that preliminary sales data suggest that this system 
is influencing consumers' purchases toward healthier products. In 
addition, manufacturers are developing new products and reformulating 
less-healthy products so that their foods may move into the amber or 
green light category, according to U.K. officials. The United Kingdom's 
National Heart Forum (an alliance of 50 heart health organizations) has 
endorsed the traffic light system. 

* The Netherlands: The Netherlands uses a voluntary front-of-package 
"healthy choice" symbol, which was developed by the food industry and 
endorsed by the Ministry of Health. According to a Ministry official, 
standards for applying the symbol vary by food category, taking into 
account the characteristics of each category--for example, fiber is 
included in the criteria for bread products. A foundation was 
established--the Choices International Foundation--to introduce the 
symbol to other countries. The qualifying criteria for using the symbol 
will be reevaluated every 2 years by an independent scientific 
committee, according to the official. 

* Sweden: The National Food Administration uses a voluntary front-of- 
`package keyhole logo to identify the healthiest foods within 
particular food categories. Products that carry the symbol are lower in 
fats, sugars, and sodium and contain more fiber than other foods within 
the same category. According to agency officials, the introduction of 
the keyhole logo resulted in the development of healthier products and 
the continuous reformulation of existing products. 

* Canada: The House of Commons' Committee on Health's 2007 report, 
Healthy Weights For Healthy Kids, recommended that the country's health 
agency--Health Canada--phase in a mandatory, standard, simple, front- 
of-package labeling requirement for prepackaged food, starting with 
foods advertised primarily to children. In addition, the Chronic 
Disease Prevention Alliance of Canada supports this recommendation. As 
of April 2008, Health Canada commented that it is taking several steps, 
including consulting with stakeholders and proposing consumer research 
on, among other things, front-of-package symbols. 

* European Union: The European Commission has proposed legislation that 
would require prepackaged food to display information on calories, fat, 
saturated fat, carbohydrates, sugars, and salt on package fronts, 
according to documents released by the commission.[Footnote 31] A 
commission official told us that member states would still be able to 
promote additional national front-of-package labeling systems if they 
comply with requirements of the proposed legislation. The European 
Union's Commissioner for Health stated that food labels can have a huge 
influence on consumers' purchasing decisions, and confusing, 
overloaded, or misleading labels can be a hindrance to consumers. The 
European Heart Network (an alliance of 30 heart health organizations in 
26 countries) and the European Consumers' Organization also support 
mandatory front-of-package labeling. 

In the United States, health and consumer associations have developed 
nutrition symbols to help consumers. For example, the American Heart 
Association developed the heart-check logo to help consumers identify 
heart-healthy foods. Currently, over 800 products from over 100 
companies use the logo, and one major line of foods was developed with 
the heart-check criteria as a key driver, according to the association. 
While most companies reformulate products before applying for the logo 
certification, the association also works with companies on 20 to 40 
products a year to help them meet its criteria. In addition, the Whole 
Grains Council, a nonprofit consumer group working to increase 
consumption of whole grains, developed the Whole Grain Stamp to 
identify products with at least a half serving of whole grains, with 
the grams of whole grain specified. A "100%" banner can be placed on 
the stamps when all of the grain is whole grain. The stamps have been 
used on over 1,700 products from 180 companies in the United States, 
Canada, and the United Kingdom. 

In addition, manufacturers have developed numerous symbols to market 
their foods to health-conscious consumers, and supermarkets have used 
symbols to help consumers identify healthier foods. At a September 2007 
FDA public hearing on front-of-package and other nutrition symbols, 
several manufacturers and supermarket chains reported increased sales 
and reformulations associated with their use of nutrition symbols. For 
example, Kraft has reported that the more than 500 products carrying 
its Sensible Solution symbol accounted for a sizable portion of its 
overall revenue growth. Hannaford, a northeastern supermarket chain, 
reported that it improved the nutrient quality of its store brand 
products before introducing its symbol for nutrition quality that it 
calls Guiding Stars, which is based on mathematical formulas giving a 
weighted value to many nutrients. Hannaford also reported increased 
sales for products with stars. 

According to the Institute of Medicine, however, the consistency, 
accuracy, and effectiveness of the proprietary graphics currently in 
use have not been evaluated or empirically validated, and they may fall 
short of their potential as guides to more nutritious choices. Many 
stakeholders also share a concern about the proliferation of such 
graphics. FDA officials told us that the agency assigned an individual 
part time to focus on research on nutrition symbols. In comments, FDA 
told us it has completed one study. In addition, FDA plans to issue a 
summary of the 2007 public hearing and to identify gaps in the 
information that stakeholders provided during or after the hearing, at 
the request of FDA. 

The Grocery Manufacturers/Food Products Association opposes mandatory 
front-of-package nutrition symbols and maintains that nutrition symbols 
should continue to be voluntary because the industry's use of symbols 
to communicate nutrition information is truthful, not misleading, and 
consistent with FDA's clear regulations for making representations 
about nutrition. According to the association, in recent years, many 
food companies have reformulated thousands of food products to improve 
their nutrient profiles, and many manufacturers are using symbols and 
related graphic designs on labels to supplement the Nutrition Facts 
panel. In addition, the Keystone Center, an industry-funded nonprofit 
organization, has held discussions to determine whether it should 
develop a voluntary front-of-package system. In 2007, the center 
convened a group of experts from industry, government, consumer, and 
academic organizations to study the various systems used in the United 
States. As of July 2008, this group had not released information on the 
status of its effort. According to FDA officials, FDA acts as an 
observer in this group. However, FDA has not yet collaborated with the 
relevant federal agencies and stakeholders with nutrition expertise to 
evaluate labeling approaches and options. 

Stakeholders Suggested Other Actions That FDA Should Take to Help 
Consumers Identify Healthy Foods: 

Several medical, health, and consumer association stakeholders 
suggested FDA actions that they believe would mitigate misleading and 
confusing labeling. While some stakeholders noted that these actions 
may require FDA to redirect resources, they also believe such actions 
would help consumers identify healthy foods. 

* Eliminate qualified health claims: Stakeholders, such as the AMA, 
have suggested that FDA eliminate the use of qualified health claims on 
food labels because consumers cannot distinguish among the four levels 
of scientific support that FDA uses--significant scientific agreement, 
scientific evidence that is not conclusive, limited scientific evidence 
that is not conclusive, and very little scientific and preliminary 
evidence. According to the stakeholders, these claims confuse or 
mislead consumers and may encourage the consumption of foods with 
little or no health benefits. This view was supported by findings from 
2005 and 2007 FDA studies.[Footnote 32] In commenting on a draft of 
this report, FDA questioned whether it had the authority to eliminate 
the use of such claims. See appendix V for more information on FDA's 
administration of health claims. 

* Establish criteria for characterizing the amount of whole grains in 
food: The use of the term "whole grain" increased in popularity after 
the 2005 Dietary Guidelines underscored the importance of these foods 
in the American diet. Some studies suggest that consumers, as well as 
dieticians and other nutrition experts, cannot accurately identify 
which foods are primarily whole grain. In 2004, General Mills, Inc., 
petitioned FDA to establish criteria for the phrases "excellent source 
of whole grains," "good source of whole grains," and "made with whole 
grains" to help prevent false or misleading labeling of grain products. 
FDA denied the petition, but it acknowledged the need for action and 
stated that claims such as "good source" have been used only with 
regard to nutrients--not foods--and that FDA needs to consider how to 
classify different kinds of statements and whether public comments are 
needed. In 2006, FDA developed draft guidance that identified what 
foods it considered "whole grain."[Footnote 33] FDA officials stated 
that they expect to continue work on this issue when they can hire 
additional staff. 

* Prohibit foods that contain substantial amounts of saturated fat from 
being labeled as "trans fat free" FDA has not objected to products 
being labeled as "trans fat free" that have less than 0.5 grams of 
trans fat per serving, and does not restrict the amount of saturated 
fat in "trans fat free" foods. However, as stakeholders pointed out, 
saturated fat, like trans fat, raises low density lipoprotein (LDL or 
"bad cholesterol") levels in the blood, increasing the risk of heart 
disease. Initially, FDA proposed limiting "trans fat free" labeling to 
foods with less than 0.5 grams of saturated fat, but FDA later stated 
that insufficient scientific information existed to support whether 0.5 
was the appropriate level. FDA is evaluating available research to 
determine how to best address the issue. 

* Require the labels of foods commonly consumed in one sitting to show 
total calories, fat, and other nutrition information: Several health 
and consumer stakeholders believe consumers may be misled by Nutrition 
Facts panels for foods, such as large sodas, candy bars, muffins, and 
other foods, that are normally consumed in one sitting, but are labeled 
as two or more servings. In 2005, the Institute of Medicine recommended 
that FDA revise requirements so that foods typically consumed in one 
sitting prominently display the total calorie content of the product as 
well as the standard per-serving format.[Footnote 34] Industry- 
sponsored research found that the participants in four focus groups 
generally favored the listing of nutrients for the whole container, 
although some want nutrients listed for both the full container and per 
serving. In April 2005, FDA published an advance notice of proposed 
rulemaking requesting comments on this issue. In 2008, FDA noted that 
it needed to review the comments submitted in response to the 2005 
notice, and to coordinate this area with its plans to revise the daily 
intake reference values (used to establish the daily values for the 
Nutrition Facts panel) described in a 2007 advance notice of proposed 
rulemaking. The Grocery Manufacturers/Food Products Association opposes 
requiring nutrition information for the entire contents of the package 
on the food label, noting that nutrition information for the entire 
package would give consumers "permission" or "encouragement" to eat the 
entire package. 

* Clarify the definition of "natural" as it applies to food: The Sugar 
Association has petitioned, with the support of the Center for Science 
in the Public Interest and others, that FDA define the term "natural" 
on the basis of USDA's definition, as articulated in its Foods 
Standards and Labeling Policy Book. USDA policy defines "natural" to 
permit only minimal processing, including roasting, drying, and 
fermenting, to preserve or make food edible. Under this USDA policy, 
foods that go through certain processes, such as chemical bleaching, 
that fundamentally alter the raw product, are not considered "natural." 
Both groups assert that FDA allows manufacturers to label products as 
"100% natural" even if they contain highly processed ingredients, 
citing partially hydrogenated oils and high fructose corn syrup. 
However, the Corn Refiners Association believes that USDA and FDA 
should have different definitions of "natural" because, among other 
things, the two agencies regulate fundamentally different products-- 
USDA-regulated meat and poultry products are understood to be less 
processed than FDA-regulated foods. FDA acknowledged in 1993 that 
clarifying the definition of "natural" would abate some of the 
complaints that the term's use is misleading. More recently, FDA noted 
that it lacks resources to undertake a rulemaking to revisit the 
definition. 

Conclusions: 

With its current approach to oversight and enforcement, FDA cannot be 
assured that food firms are complying with labeling requirements. In 
light of the resource constraints and many responsibilities that FDA 
has reported, it is especially important that FDA start by making 
better use of the tools and data it has available. However, FDA's use 
of warning letters and enforcement actions have at best held steady, 
despite increased responsibilities. FDA is not using the information 
that it has to inform managers' decisions on setting priorities and 
allocating resources. FDA does not maintain in an accessible format, or 
analyze in routine reports, information it has on such areas as 
labeling violations discovered during inspections, the results of tests 
on the accuracy of labels, warning letters, recalls, and import 
refusals. Moreover, although information on whether and how labeling 
violations are addressed is critical for effectively overseeing the 
labeling program. FDA does not (1) centrally maintain information on 
regulatory meetings and (2) know whether field offices are applying the 
same criteria for meetings and whether meetings are effective. While 
FDA posts information for the public on its Web site--such as warning 
letters, import refusals, and import alerts--it does not ensure that 
the information is complete and posted promptly. As a result, the 
public may not have the information needed about products in violation 
of the law to inform their purchase decisions. Furthermore, CFSAN has 
continued to expend resources maintaining a duplicative data system for 
food-related recalls, which it agreed to eliminate in 2004. We 
reiterate our prior recommendation that FDA should eliminate this 
system. 

Going forward, to better administer and enforce labeling requirements, 
FDA has begun to pursue several authorities that are available to other 
centers within FDA and other regulatory agencies. In particular, CFSAN 
does not have the authority to charge user fees, accredit third-party 
inspectors, or require recalls for most food. As a result, CFSAN is not 
as well positioned as other programs that have these authorities to 
carry out its responsibilities. FDA's Food Protection Plan recognized 
the need for additional resources and new authorities, to ensure the 
safety of the Nation's food supply. However, as FDA proceeds in seeking 
new authorities it will need to ensure that any it chooses to pursue 
are designed and implemented efficiently and appropriately and, in 
particular, that any user fees it develops are well-designed and based 
on best practices and sound criteria, such as that specified in GAO's 
Federal User Fees: A Design Guide.[Footnote 35] In addition, any FDA 
program for accrediting third parties would likely benefit from lessons 
learned in another FDA-accredited third-party program. Moreover, as we 
have previously testified, while FDA's plan is a good first step, it 
does not contain a clear description of resources and strategies. 
Congress will need those details to assess the likelihood of the plan's 
success. 

Finally, the many issues stakeholders raised about label information 
that they believe confuse consumers compete for FDA's attention and 
resources. Nonetheless, FDA has information on the approaches that U.S. 
industry and other countries are taking to give consumers simplified 
nutrition information at a glance with front-of-package symbols. 
However, given FDA's competing priorities and its minimal progress in 
addressing misleading labeling thus far, collaboration with other 
federal entities and stakeholders could afford an opportunity for FDA 
to better leverage resources to pursue front-of-package labeling or 
other initiatives for minimizing consumer confusion. 

Recommendations for Executive Action: 

We recommend that the Commissioner, FDA, take the following seven 
actions: 

Ensure that labeling office managers have the information they need to 
oversee compliance with food labeling statutes and regulations by: 

* maintaining, in a searchable format, data on food labeling 
violations, including the type of violation and information about 
corrective actions taken or, if no action was taken, the reason why; 

* analyzing violation data in routine management reports; and: 

* tracking regulatory meetings related to food labeling violations and 
analyzing whether regulatory meetings are an effective use of 
resources. 

Ensure that the public has timely access to information on food 
labeling violations that may have serious health consequences by 
requiring all of the centers and offices to post on FDA's public Web 
site, within a specified time frame, key information, such as all 
warning letters; statistics on serious enforcement actions (e.g., 
import refusals) by country, type of food, and the problem found (e.g., 
undeclared allergen); and information (e.g., product identification and 
exposure symptoms) on violations that FDA classifies as serious. 

Better leverage resources to carry out food safety and other regulatory 
responsibilities, including administering and enforcing labeling 
requirements, by: 

* providing Congress with specific, detailed information on the new 
statutory authorities identified in the Food Protection Plan, such as 
the authority to charge user fees, accredit third-party inspectors, and 
mandate food recalls, with specific information on how these 
authorities would help achieve its mission; 

* posting on FDA's public Web site periodic updates of the status of 
implementation of the Food Protection Plan, including goals achieved 
and time frames for completing the remaining work; and: 

* collaborating with other federal agencies and stakeholders 
experienced in nutrition and health issues, to evaluate labeling 
approaches and options for developing a simplified, empirically valid 
system that conveys overall nutritional quality to mitigate labels that 
are misleading to consumers. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to HHS for review and comment. In 
written comments, FDA stated that the report raised some important 
issues regarding its regulation of food labeling. FDA did not dispute 
the report's data, analyses, or specific findings. It commented, 
however, that the report inappropriately references food labeling as 
part of its food safety mission, although it acknowledges that there 
may be some aspects of food labeling that can affect the safe use of 
food. That notwithstanding, FDA directs investigators to review at 
least three labels during food safety inspections. Moreover, food 
labeling responsibilities are part of FDA's statutory mission, and the 
Federal Food, Drug, and Cosmetics Act and FDA's regulations set out 
FDA's labeling responsibilities. FDA also stated that within its 
overall public health mission, it has a multitude of competing 
priorities. We acknowledged FDA's competing priorities in the report's 
conclusions and framed the recommendations so as to help manage these 
competing priorities by better leveraging resources and using available 
tools and data for risk-based decisions. 

Regarding our first three recommendations for ensuring that managers 
have the information they need to oversee compliance with food labeling 
statutes and regulations--by (1) maintaining data on labeling 
violations and the corrective actions taken, in a searchable format, 
(2) analyzing that data in routine management reports, and (3) tracking 
regulatory meetings on labeling violations to assess whether they are 
an effective use of resources--FDA agreed that being able to track any 
and all information that would allow investigators to better do their 
jobs would be useful to the agency. However, FDA stated that data 
collection requires time and effort and it is important to make sure 
that data entry does not become so burdensome that it takes away from 
other investigative work. FDA did not commit to taking any actions in 
response to these recommendations. We maintain that FDA cannot make 
risk-based decisions, such as allocating resources efficiently and 
effectively, without careful analysis of this type of data on its 
regulatory programs--FDA's systems already maintain substantial data on 
food labeling and related violations. Analyzing these data for routine 
reports could help inform labeling managers' decisions and help them 
target labeling resources. We stand by these recommendations. 

With respect to our recommendation for ensuring the public has timely 
access to information on labeling violations that may have serious 
health consequences--that FDA require centers and offices to post key 
information (e.g., warning letters or import refusals) on FDA's public 
Web site and specify time frames for doing so--FDA commented that it 
already posts and maintains much of this information, and that it would 
keep the information as up to date as possible, given resource and time 
limitations. However, as we discuss in this report, FDA's target time 
for issuing warning letters and posting them is 4 months after 
violations are found. Providing information that is complete and timely 
can help the public avoid potentially dangerous food and make healthy 
food purchase decisions. The draft we sent to FDA for comment 
recommended that FDA post all recalls to its public Web site in a 
timely manner. We eliminated recalls from this recommendation because, 
in technical comments, FDA told us that the recalls in CFSAN's 
unofficial database that we thought were missing from RES were the 
result of coding differences. We stand by this recommendation as 
amended. 

Our final three recommendations are aimed at better leveraging 
resources. Two are aimed at helping FDA keep the Food Protection Plan 
on track by (1) providing specific, detailed information to Congress on 
how the new authorities in the Food Protection Plan will help FDA 
achieve its mission and (2) posting periodic updates on the status and 
time frames for implementing the plan on FDA's public Web site. FDA 
stated that the plan was designed to address food safety and defense 
concerns, although some of the actions presented in it may have some 
bearing on food labeling issues. It was not our intent to suggest that 
the plan's primary focus was on food labeling; we have clarified this 
in the report. Nonetheless, in this report and in recent testimonies, 
we have expressed our concerns that FDA has not given Congress 
sufficient, detailed information on how it will implement the plan and 
use the new authorities--information Congress needs to support the 
initiatives. Furthermore, updates can reassure the public of FDA's 
progress. FDA did not explicitly address what action, if any, it would 
take in response to these two recommendations. With respect to our last 
recommendation--that FDA collaborate with other federal agencies and 
stakeholders on evaluating options for developing a simplified, 
empirically valid system for conveying overall nutritional quality to 
help consumers--FDA agreed with the need to evaluate the communication 
effects of nutrition symbols and presented a research agenda. Because 
the agenda appears to be ambitious given FDA's limited resources, our 
recommendation will continue to encourage FDA to collaborate with other 
federal agencies and stakeholders who may be able to contribute 
resources, as it evaluates options to develop a simple, valid system to 
communicate nutritional quality. 

FDA's written comments and our detailed evaluation appear in appendix 
VI. FDA also provided technical comments, which we incorporated 
throughout the report, as appropriate. 

As agreed with your office, unless you publicly announce the contents 
of the report earlier, we plan no further distribution of it until 30 
days from the date of this report. At that time, we will send copies of 
the report to the appropriate congressional committees, the Secretary 
of Health and Human Services, the Commissioner of the Food and Drug 
Administration, and other interested parties. We will also make copies 
available to others upon request. In addition, the report will be 
available at no charge on the GAO Web site at [hyperlink, 
http://www.gao.gov]. 

If you or members of your staff have any questions about this report, 
please contact me at (202) 512-3841 or shamesl@gao.gov. Contact points 
for our Offices of Congressional Relations and Public Affairs may be 
found on the last page of this report. GAO staff who made key 
contributions to this report are listed in appendix VII. 

Sincerely yours, 

Signed by: 

Lisa Shames: 

Director, Natural Resources and Environment: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

This report examines (1) the Food and Drug Administration's (FDA) 
efforts to ensure that domestic and imported foods comply with food 
labeling requirements, including those prohibiting false or misleading 
labeling; (2) the challenges FDA faces in its efforts to administer and 
enforce food labeling requirements; and (3) the actions that 
stakeholders from health, medical, and consumer organizations believe 
are needed to mitigate the effects of food labeling practices they 
consider misleading and to help consumers identify healthy food. 

For the purposes of this report, our definition of "food" includes 
conventional food, dietary supplements, infant formula, and medical 
food,[Footnote 36] but not animal feed, which the Federal Food, Drug, 
and Cosmetic Act includes in its definition of food. We did not 
determine whether any particular food labeling was false or misleading. 
We also did not evaluate how efficiently FDA used its resources or the 
impact of changing priorities; nor did we compare FDA resource trends 
with other federal agencies' resource trends. Regarding data for 
labeling-related oversight, we analyzed the food firms inspected for 7 
fiscal years (2001 through 2007); nutrient labeling samples for 7 
fiscal years (2000 through 2006); warning letters and enforcement 
actions related to imports for 6 fiscal years (2002 through 2007); and 
seizures and injunctions for 10 fiscal years (1998 through 2007)--the 
periods for which reliable and comparable FDA data were available. 
Funding and staffing data for FDA, the Center for Food Safety and 
Applied Nutrition (CFSAN), and the Office of Regulatory Affairs (ORA) 
were available for 10 fiscal years (1998 through 2007). For the Office 
of Nutrition, Labeling, and Dietary Supplements, which began 
maintaining comparable data in 1999, we report funding and staffing for 
9 fiscal years (1999 through 2007). Unless otherwise stated, data are 
presented by federal fiscal year. 

To determine FDA's efforts to ensure that domestic and imported foods 
comply with food labeling statutes and regulations, including those 
related to false or misleading labeling, we analyzed FDA's and CFSAN's 
plans and reports, guidance and regulations related to food labeling, 
and policies and actions taken in response to petitions and complaints 
over the last 6 years. We also analyzed data from the Field 
Accomplishments and Compliance Tracking System (FACTS) and Operational 
and Administrative System for Import Support (OASIS) on domestic, 
foreign, and import inspections conducted by FDA, along with domestic 
inspections conducted by states under contract with FDA. To determine 
the number of warning letters issued by FDA, we worked with FDA's 
Freedom of Information Office and ORA to address several problems we 
found during the course of our review regarding the online database of 
warning letters. After addressing those problems, we then searched that 
database for warning letters that were related to food labeling and 
characterized each letter according to the product and the violations 
cited. We also searched FDA's Recall Enterprise System (RES) for 
recalls identified with food labeling violations as one of the reasons 
for the recall. Regarding violations of Nutrition Facts panel 
regulations, we analyzed data from FACTS for domestic and imported 
food, and also analyzed studies conducted on the accuracy of nutrient 
labeling. We analyzed data from this system on consumer complaints to 
determine the extent to which they were tracked. Finally, we also 
analyzed data from OASIS on food labeling violations for imported food 
and collected information on seizures and injunctions focused on food 
labeling violations. 

To identify challenges, we analyzed funding and staffing data for FDA, 
CFSAN, ORA, and the Office of Nutrition Labeling and Dietary 
Supplements and reviewed FDA oversight and enforcement authorities, and 
court rulings regarding FDA labeling. For comparison, we examined some 
of the same information for the U.S. Department of Agriculture's Food 
Safety and Inspection Service and the Federal Trade Commission, which 
also oversee and enforce requirements related to food labeling, such as 
those prohibiting false or misleading information about food. 

We assessed the reliability of the data from FACTS and OASIS that we 
used in this report and found them to be sufficiently reliable for 
these purposes. To assess the reliability of these data, we (1) 
performed electronic testing for obvious errors in accuracy and 
completeness, (2) reviewed related documentation, and (3) worked 
closely with agency officials to identify any data problems. 

In addition, we assessed the reliability of the data from the RES. FDA 
recently informed us that CFSAN has continued to use an unofficial 
database that it agreed to eliminate in 2004, which contains additional 
information on recalls that would potentially fit our criteria for 
analysis. Despite any limitations of the RES, we believe these data to 
be sufficiently reliable to indicate a minimum number of recalls for 
the time period we reported. 

To determine stakeholders' views, we analyzed petitions, public 
responses to petitions, and ideas presented during FDA's November 2007 
public labeling meetings. We discussed these and other suggestions with 
health and medical associations, including the American Cancer Society, 
American Diabetic Association, American Heart Association, American 
Dietetic Association, American Medical Association, and National 
Academies' Institute of Medicine; the Center for Science in the Public 
Interest; the Grocery Manufacturers/Food Products Association; the 
Association of Food and Drug Officials; and selected states 
(California, Connecticut, Florida, New York, Texas, and Wisconsin) that 
the Association of Food and Drug Officials and others groups identified 
as being active in food labeling issues. In addition, we contacted 
officials of health or related departments in Canada, the United 
Kingdom, Sweden, the Netherlands, and the European Commission to 
collect information on their use or plans for use of nutrition symbols. 
We did not independently verify the statements of foreign law. We also 
analyzed consumer studies conducted by FDA, industry, and others to 
identify whether the findings supported or failed to support 
stakeholders' views. These studies were identified by health, consumer, 
and industry experts and through literature searches. For the data we 
included in our report, we obtained frequency counts, survey 
instruments, and other documents, to review the wording of questions, 
sampling, mode of administration, research strategies, and the effects 
of sponsorship. We used only data that we judged to be reliable and 
valid. 

We conducted this performance audit from January 2007 through September 
2008 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II: FDA-Regulated and -Inspected Domestic and Foreign Food 
Firms, Fiscal Years 2001 through 2007: 

Nearly half of the domestic firms that are subject to FDA regulation 
are food firms--manufacturers, processors, and other food businesses. 
Table 9 presents the number and percentage of domestic food firms that 
are subject to FDA's food regulations and the total number of domestic 
firms in all industries (e.g., pharmaceuticals and medical devices) 
that are subject to FDA regulation, for fiscal years 2001 through 2007. 

Table 9: Domestic Food Firms and Total Domestic Firms under FDA's 
Jurisdiction, by Fiscal Year: 

Fiscal year: 2001; 
Domestic food firms: 51,020; 
Total domestic firms: 114,696; 
Percentage of total domestic firms: 44.5%. 

Fiscal year: 2002; 
Domestic food firms: 58,593; 
Total domestic firms: 120,403; 
Percentage of total domestic firms: 48.7. 

Fiscal year: 2003; 
Domestic food firms: 58,268; 
Total domestic firms: 120,403; 
Percentage of total domestic firms: 48.4. 

Fiscal year: 2004; 
Domestic food firms: 59,305; 
Total domestic firms: 123,892; 
Percentage of total domestic firms: 47.9. 

Fiscal year: 2005; 
Domestic food firms: 61,930; 
Total domestic firms: 127,887; 
Percentage of total domestic firms: 48.4. 

Fiscal year: 2006; 
Domestic food firms: 62,929; 
Total domestic firms: 136,129; 
Percentage of total domestic firms: 46.2. 

Fiscal year: 2007; 
Domestic food firms: 65,520; 
Total domestic firms: 139,176; 
Percentage of total domestic firms: 47.1. 

Source: GAO analysis of FDA data. 

Note: Food firm data were calculated by adding together food, vitamin, 
and color additive firms. Some firms may do business in multiple 
industries; as a result, there may be double-counting. 

[End of table] 

Regarding firms inspected under all FDA regulatory programs, food- 
related firms have accounted for between 15 percent and 30 percent of 
foreign firms inspected and between 45 percent and 56 percent of 
domestic firms inspected. Table 10 presents the number and percentage 
of foreign and domestic food-related firms inspected and the total 
number of FDA-regulated firms inspected, for fiscal years 2001 through 
2007, by FDA and states under contract with FDA. 

Table 10: Firms Inspected by FDA and States under Contract with FDA, 
Fiscal Years 2001 through 2007: 

Fiscal year: 2001; 
Foreign firms inspected by FDA: Food firms: 211; 
Foreign firms inspected by FDA: Total firms: 892; 
Foreign firms inspected by FDA: Food firms as a percentage of total 
firms: 23.7%; 
Domestic firms inspected by FDA: Food: firms: 8,922; 
Domestic firms inspected by FDA: Total firms: 16,006; 
Domestic firms inspected by FDA: Food firms as a percentage of total 
firms: 55.7%; 
Domestic firms inspected under contracts with states: Food firms: 
6,688; 
Domestic firms inspected under contracts with states: Total firms: 
16,875; 
Domestic firms inspected under contracts with states: Food firms as a 
percentage of total firms: 39.6%; 
Total firms inspected[A]: Food: firms: 14,932; 
Total firms inspected[A]: Total firms: 32,733; 
Total firms inspected[A]: Food firms as a percentage of total firms: 
45.6%. 

Fiscal year: 2002; 
Foreign firms inspected by FDA: Food firms: 169; 
Foreign firms inspected by FDA: Total firms: 791; 
Foreign firms inspected by FDA: Food firms as a percentage of total 
firms: 21.4; 
Domestic firms inspected by FDA: Food: firms: 8,175; 
Domestic firms inspected by FDA: Total firms: 16,428; 
Domestic firms inspected by FDA: Food firms as a percentage of total 
firms: 49.8; 
Domestic firms inspected under contracts with states: Food firms: 
6,979; 
Domestic firms inspected under contracts with states: Total firms: 
19,885; 
Domestic firms inspected under contracts with states: Food firms as a 
percentage of total firms: 35.1; 
Total firms inspected[A]: Food: firms: 14,877; 
Total firms inspected[A]: Total firms: 36,216; 
Total firms inspected[A]: Food firms as a percentage of total firms: 
41.1. 

Fiscal year: 2003; 
Foreign firms inspected by FDA: Food firms: 148; 
Foreign firms inspected by FDA: Total firms: 757; 
Foreign firms inspected by FDA: Food firms as a percentage of total 
firms: 19.6; 
Domestic firms inspected by FDA: Food: firms: 10,507; 
Domestic firms inspected by FDA: Total firms: 20,027; 
Domestic firms inspected by FDA: Food firms as a percentage of total 
firms: 52.5; 
Domestic firms inspected under contracts with states: Food firms: 
7,674; 
Domestic firms inspected under contracts with states: Total firms: 
19,710; 
Domestic firms inspected under contracts with states: Food firms as a 
percentage of total firms: 38.9; 
Total firms inspected[A]: Food: firms: 17,658; 
Total firms inspected[A]: Total firms: 39,429; 
Total firms inspected[A]: Food firms as a percentage of total firms: 
44.8. 

Fiscal year: 2004; 
Foreign firms inspected by FDA: Food firms: 153; 
Foreign firms inspected by FDA: Total firms: 932; 
Foreign firms inspected by FDA: Food firms as a percentage of total 
firms: 16.4; 
Domestic firms inspected by FDA: Food: firms: 10,370; 
Domestic firms inspected by FDA: Total firms: 19,264; 
Domestic firms inspected by FDA: Food firms as a percentage of total 
firms: 53.8; 
Domestic firms inspected under contracts with states: Food firms: 
8,173; 
Domestic firms inspected under contracts with states: Total firms: 
20,916; 
Domestic firms inspected under contracts with states: Food firms as a 
percentage of total firms: 39.1; 
Total firms inspected[A]: Food: firms: 18,172; 
Total firms inspected[A]: Total firms: 40,173; 
Total firms inspected[A]: Food firms as a percentage of total firms: 
45.2. 

Fiscal year: 2005; 
Foreign firms inspected by FDA: Food firms: 132; 
Foreign firms inspected by FDA: Total firms: 844; 
Foreign firms inspected by FDA: Food firms as a percentage of total 
firms: 15.6; 
Domestic firms inspected by FDA: Food: firms: 8,258; 
Domestic firms inspected by FDA: Total firms: 17,489; 
Domestic firms inspected by FDA: Food firms as a percentage of total 
firms: 47.2; 
Domestic firms inspected under contracts with states: Food firms: 
8,849; 
Domestic firms inspected under contracts with states: Total firms: 
21,493; 
Domestic firms inspected under contracts with states: Food firms as a 
percentage of total firms: 41.2; 
Total firms inspected[A]: Food: firms: 16,809; 
Total firms inspected[A]: Total firms: 38,924; 
Total firms inspected[A]: Food firms as a percentage of total firms: 
43.2. 

Fiscal year: 2006; 
Foreign firms inspected by FDA: Food firms: 125; 
Foreign firms inspected by FDA: Total firms: 788; 
Foreign firms inspected by FDA: Food firms as a percentage of total 
firms: 15.9; 
Domestic firms inspected by FDA: Food: firms: 7,071; 
Domestic firms inspected by FDA: Total firms: 15,485; 
Domestic firms inspected by FDA: Food firms as a percentage of total 
firms: 45.7; 
Domestic firms inspected under contracts with states: Food firms: 
8,447; 
Domestic firms inspected under contracts with states: Total firms: 
23,054; 
Domestic firms inspected under contracts with states: Food firms as a 
percentage of total firms: 36.6; 
Total firms inspected[A]: Food: firms: 15,332; 
Total firms inspected[A]: Total firms: 38,558; 
Total firms inspected[A]: Food firms as a percentage of total firms: 
39.8. 

Fiscal year: 2007; 
Foreign firms inspected by FDA: Food firms: 96; 
Foreign firms inspected by FDA: Total firms: 327; 
Foreign firms inspected by FDA: Food firms as a percentage of total 
firms: 29.1; 
Domestic firms inspected by FDA: Food: firms: 6,106; 
Domestic firms inspected by FDA: Total firms: 13,395; 
Domestic firms inspected by FDA: Food firms as a percentage of total 
firms: 45.6; 
Domestic firms inspected under contracts with states: Food firms: 
8,692; 
Domestic firms inspected under contracts with states: Total firms: 
22,967; 
Domestic firms inspected under contracts with states: Food firms as a 
percentage of total firms: 37.8; 
Total firms inspected[A]: Food: firms: 14,661; 
Total firms inspected[A]: Total firms: 36,199; 
Total firms inspected[A]: Food firms as a percentage of total firms: 
40.5. 

Source: GAO analysis of FDA data. 

[A] Since this table reflects the number of firms inspected, not the 
number of inspections, "total firms inspected" tallies the unique firms 
inspected in a fiscal year. Firms inspected by both FDA and a state 
under contract with FDA are counted in each of those individual totals, 
but only once in "total firms inspected." Firms were counted in each 
fiscal year they were inspected. 

[End of table] 

[End of section] 

Appendix III: FDA Inspections of Food Firms in Foreign Countries, 
Fiscal Years 2001 through 2007: 

Country: Mexico; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
17; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
15; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
15; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
16; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
26; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
104. 

Country: Ecuador; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
11; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
24; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
11; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
10; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
64. 

Country: Chile; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
13; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
15; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
11; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
52. 

Country: Peru; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
13; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
18; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
50. 

Country: Brazil; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
12; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
21; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
46. 

Country: Thailand; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
4; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
10; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
10; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
22; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
46. 

Country: Canada; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
13; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
13; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
4; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
38. 

Country: China; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
2; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
16; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
33. 

Country: Taiwan; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
32. 

Country: Argentina; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
5; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
19; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
31. 

Country: India; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
10; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
30. 

Country: South Korea; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
14; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
28. 

Country: Australia; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
12; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
27. 

Country: Costa Rica; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
11; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
4; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
5; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
27. 

Country: Vietnam; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
10; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
27. 

Country: Honduras; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
24. 

Country: Fiji; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
13; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
21. 

Country: Singapore; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
10; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
18. 

Country: Estonia; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
16. 

Country: Guatemala; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
10; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
16. 

Country: South Africa; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
5; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
11; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
16. 

Country: Germany; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
5; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
4; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
4; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
15. 

Country: Nicaragua; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
15. 

Country: El Salvador; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
14. 

Country: Jamaica; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
2; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
3; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
3; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
14. 

Country: Latvia; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
14. 

Country: Uruguay; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
14; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
14. 

Country: Venezuela; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
14. 

Country: Italy; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
4; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
13. 

Country: Morocco; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
13; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
13. 

Country: New Zealand; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty];  
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
13. 

Country: Poland; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
13; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
13. 

Country: Norway; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
5; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
6; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
11. 

Country: France; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
10. 

Country: Romania; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
10; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
10. 

Country: Surinam; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
10; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
10. 

Country: Iceland; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
9. 

Country: Malaysia; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
9; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
9. 

Country: Bulgaria; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
8. 

Country: Colombia; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
8. 

Country: Hong Kong; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
8; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
8. 

Country: Cyprus; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
7. 

Country: Panama; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
7. 

Country: Trinidad and Tobago; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
7; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
7. 

Country: The United Kingdom; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
2; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
6. 

Country: Turkey; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
5; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
5. 

Country: Spain; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
4; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
4. 

Country: Belgium; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
2; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
3. 

Country: Greece; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
3; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
3. 

Country: Hungary; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
3; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
3. 

Country: Finland; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
2; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
2. 

Country: Haiti; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
1; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
2. 

Country: Japan; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
2; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
2. 

Country: The Netherlands; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
2; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
[Empty]; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
2. 

Country: Total; 
Number of FDA inspections of foreign food firms, by fiscal year: 2001: 
211; 
Number of FDA inspections of foreign food firms, by fiscal year: 2002: 
169; 
Number of FDA inspections of foreign food firms, by fiscal year: 2003: 
148; 
Number of FDA inspections of foreign food firms, by fiscal year: 2004: 
153; 
Number of FDA inspections of foreign food firms, by fiscal year: 2005: 
132; 
Number of FDA inspections of foreign food firms, by fiscal year: 2006: 
125; 
Number of FDA inspections of foreign food firms, by fiscal year: 2007: 
96; 
Number of FDA inspections of foreign food firms, by fiscal year: Total: 
1,034. 

Source: GAO analysis of FDA data. 

[End of table] 

[End of section] 

Appendix IV: Funding and Staffing Information by FDA Mission, Fiscal 
Years 1998 through 2007: 

Dollars in millions. 

[See PDF for image] 

Source: GAO analysis of FDA data. 

[A] Includes GSA rent, other rent, rent-related activities, White Oak 
Consolidation, and the FDA Buildings and Facilities Appropriation. 

[B] Includes tobacco program, Office of the Commissioner, Office of 
Policy, Office of External Affairs, Office of Operations/Orphan Grants 
Administration, Office of Management and Systems, and Central Services. 

[C] Other activities funded in part by user fees, including Office of 
the Commissioner, Office of Policy, Office of External Affairs, Office 
of Operations/Orphan Grants Administration, Office of Management and 
Systems, Central Services, Export Certification, and Color 
Certification Fund. 

[End of table] 

[End of section] 

Appendix V: FDA's Administration of Health Claims in Response to the 
Pearson v. Shalala Ruling: 

The Nutrition Labeling and Education Act of 1990 (NLEA)[Footnote 37] 
amended the Federal Food, Drug, and Cosmetic Act[Footnote 38] to 
include provisions that govern the use of health claims on food 
labeling. For conventional foods, the NLEA requires that any claim that 
expressly or by implication characterizes the relationship of a 
nutrient to a disease or health-related condition must be authorized by 
the Secretary of Health and Human Services (delegated to FDA) through a 
regulation.[Footnote 39] Under the NLEA, FDA may authorize a health 
claim for a conventional food if it determines, based on the totality 
of publicly available scientific evidence, that there is "significant 
scientific agreement" among experts--qualified by scientific training 
and experience to evaluate such claims--that the claim is supported by 
such evidence. Although the NLEA also provided for the use of health 
claims in dietary supplement labeling, Congress did not require dietary 
supplement health claims to be subject to the same statutory procedures 
and standards as conventional food health claims. Instead, dietary 
supplement health claims were to be subject to procedures and standards 
established in regulations issued by the Secretary of Health and Human 
Services (delegated to FDA). 

In 1991, FDA published a proposed rule in the Federal Register, 
proposing the implementation of the statutory procedures and standards 
for health claims for conventional food, and proposing to adopt those 
same procedures and standards for dietary supplement health 
claims.[Footnote 40] However, before the rule could be finalized, 
Congress passed legislation that generally prohibited FDA from 
implementing the NLEA with respect to dietary supplements until 
December 15, 1993.[Footnote 41] Therefore, in January of 1993, when FDA 
adopted the final rules for health claims for conventional foods, it 
did not finalize rules for dietary supplement health claims.[Footnote 
42] However, 1 year later, after the prohibition of implementation of 
NLEA for dietary supplements had expired, FDA adopted a rule that 
subjected dietary supplement health claims to the same general 
requirements that applied to conventional foods.[Footnote 43] Under 
those rules, any person wanting to include a health claim on a 
conventional food or dietary supplement label must petition FDA for 
authorization before including the claim on the label. If FDA 
determines, based on the totality of publicly available information, 
that there is significant scientific agreement in support of that 
claim, it will authorize its use by issuing it in regulation. 

FDA's health claim regulations for dietary supplements were the subject 
of several lawsuits in the 1990s. In a case known as Pearson v. 
Shalala,[Footnote 44] the U.S. Court of Appeals for the District of 
Columbia Circuit held that the First Amendment does not permit FDA to 
prohibit a potentially misleading health claim on the label of a 
dietary supplement, unless FDA considers whether a disclaimer on the 
product's label could negate the potentially misleading nature of that 
claim. Specifically, the court stated that although inherently or 
actually misleading information in food labeling or advertising may be 
prohibited, potentially misleading information cannot face an absolute 
prohibition. Instead, potentially misleading information may be 
regulated only if those regulations directly advance a substantial 
government interest, and offer a reasonable fit between the 
government's goals and the means chosen to accomplish those goals. The 
court found a substantial interest in protecting the public health and 
preventing consumer fraud. However, it found that FDA's regulation 
requiring health claims to be supported by significant scientific 
agreement did not directly advance the interest in public health, and, 
even though the regulations directly advanced the interest in 
preventing consumer fraud, the fit between the goals of the regulations 
and the means employed--an outright ban without the possibility of a 
disclaimer--was not reasonable.[Footnote 45] 

Following the decision in Pearson, FDA announced its plan to respond, 
stating that it would deny, without prejudice, all petitions for the 
use of dietary supplement health claims that did not meet the 
significant scientific agreement standard while the agency conducted 
and completed a rulemaking to reconsider the procedures and standards 
governing such claims.[Footnote 46] Then, according to FDA, once a rule 
was finalized, the agency would revisit the petitions it had denied. 
However, in 2000, citing concerns over additional First Amendment 
challenges, FDA announced plans to modify that policy.[Footnote 47] FDA 
stated that it would continue to approve dietary supplement health 
claims that met the significant scientific agreement standard, but it 
would exercise its enforcement discretion and not take action against 
dietary supplement health claims that failed to meet the standard under 
certain circumstances. Specifically, upon the submission of a valid 
petition for preapproval of a dietary supplement health claim, if FDA 
did not find significant scientific agreement, but, in evaluating the 
weight of the evidence, did find that the scientific evidence in 
support of the claim outweighed the scientific evidence against it, and 
consumer health and safety were not threatened, the agency would inform 
the petitioner of conditions under which the agency would refrain from 
taking enforcement action against the health claim. If the scientific 
evidence against the health claim outweighed the scientific evidence in 
support of it, FDA would deny any use of the health claim. 

Then, in 2002, the agency announced the availability of guidance, 
updating its approach to implementing the Pearson decision.[Footnote 
48] In large part, the procedures remained the same; however, FDA 
included health claims for conventional foods under the procedures, 
even though the Pearson case directly addressed only dietary 
supplements. FDA stated that it believed that such a move would 
precipitate greater communication in food labeling and thereby enhance 
public health. In addition, FDA stated that including health claims for 
conventional foods in its enforcement discretion policy would help 
avoid further constitutional challenges. Subsequently, in 2003, FDA 
announced the availability of two new guidance documents describing 
interim procedures that, among other things, addressed a then recent 
U.S. District Court for the District of Columbia decision that found 
the weight of the evidence standard that FDA first articulated in 
guidance in 2000 was inappropriate.[Footnote 49] According to the 
district court in that case, FDA should evaluate qualified health 
claims based on the presence of "credible evidence," not the weight of 
the evidence.[Footnote 50] The 2003 guidance documents set forth new 
procedures for qualified health claims for conventional foods and 
dietary supplements. Specifically, qualified health claim petitions 
would be evaluated using an evidence-based ranking system that would 
rate the strength of the publicly available scientific evidence. A 
claim would be denied if there was no credible evidence to support it. 
Otherwise, based on the competent and reliable scientific evidence in 
support, a claim would be assigned to one of four ranked levels--the 
first level being "significant scientific agreement among qualified 
experts" and the remaining three levels being for claims supported by 
some lower level of credible evidence. Each of the three categories not 
ranked as supported by significant scientific agreement would 
correspond to one of three standardized qualifying statements (i.e., 
disclaimers).[Footnote 51] So long as the qualified health claim bore 
the appropriate language, met other applicable health claim 
regulations, and adhered to criteria established in FDA's letter of 
enforcement discretion in response to the petition, FDA would exercise 
its enforcement discretion and refrain from acting against the health 
claim. 

In November of 2003, FDA published an Advance Notice of Proposed 
Rulemaking, recognizing the need to establish transparent, long-term 
procedures that have the effect of law.[Footnote 52] In that 
announcement, FDA presented several regulatory alternatives: (1) 
incorporate the interim procedures and evidence-based ranking system we 
have previously discussed into regulation; (2) subject health claims to 
notice-and-comment rulemaking, as before Pearson, but reinterpret the 
"significant scientific agreement" standard to refer to the evidence 
supporting the claim being made, instead of the underlying substance- 
disease relationship; or (3) treat qualified health claims as outside 
the NLEA and regulate them on a postmarket basis (i.e., pursue the 
product as misbranded if the health claim renders the label false or 
misleading because the claim lacks substantiation). FDA does not plan 
to work on this proposed rulemaking this year. In May of 2006, FDA 
issued guidance concerning FDA's implementation of qualified health 
claims process. In that guidance, FDA reaffirmed the 2003 interim 
procedures and stated that "FDA is currently considering various 
options regarding the development of proposed regulations related to 
qualified health claims," and "…[i]n the meantime, the agency plans to 
review qualified health claim petitions on a case-by-case 
basis."[Footnote 53] 

[End of section] 

Appendix VI: Comments from the Food and Drug Administration: 

Note: GAO comments supplementing those in the report text appear at the 
end of this appendix. 

Department Of Health & Human Services: 
Office Of The Secretary: 

August 19, 2008: 

Lisa R. Shames: 
Director, Natural Resources and Environment: 
U.S. Government Accountability Office: 
441 G Street NW: 
Washington, DC 20548: 

Dear Ms. Shames:

Enclosed are the Department's comments on U.S. Government 
Accountability Office's (GAO) draft report entitled: "Food Labeling: 
FDA Needs to Better Leverage Resources, Improve Oversight, and 
Effectively Use Available Data to Help Consumers Select Healthy Foods" 
(GAO 08-597). 

The Department appreciates the opportunity to review and comment on 
this report before its publication. 

Sincerely,

Signed by: 

Vincent J. Ventimiglia, Jr.: 
Secretary for Legislation: 

Attachment: 

General Comments For The Department Of Health And Human Services (HHS) 
On The U.S. Government Accountability Office's (GAO) Draft Report 
Entitled: "Food Labeling — FDA Needs To Better Leverage Resources, 
Improve Oversight, And Effectively Use Available Data To Help Consumers 
Select Healthy Foods" (GAO-08-597): 

The Food and Drug Administration (FDA) appreciates the opportunity to 
review and comment on the Government Accountability Office's (GAO) 
draft report. While GAO has raised some important issues regarding the 
regulation of food labeling, FDA does not believe that the report 
places food labeling in the appropriate context given the agency's 
overall public health mission, and the multitude of competing 
priorities it faces. Specifically, the FDA endeavors to "better 
leverage resources, improve oversight, and effectively use available 
data to help consumers select healthy foods." Further, GAO's findings 
fail to account for all the varied initiatives that FDA and the 
Department of Health and Human Services (HHS) have undertaken to fight 
obesity and ensure that foods are labeled in a manner that fosters 
consumer education and healthy choices. 

See comment 1. 

Food Safety and the Food Protection Plan:  

Throughout the GAO report, reference is made to food labeling being a 
part of FDA's food safety mission. Food labeling informs the consumer 
about the basic nature, characteristics, and other attributes, such as 
nutritional content, of a food. Although there may be some aspects of 
food labeling that can affect the safe use of the food, e.g., alerting 
allergic consumers to ingredients they need to avoid or providing 
information on how to safely handle, cook, or store a food, food 
labeling does not describe the food's safety, nor can it be used to 
determine the safety of a food product. In light of the different 
issues involved, including different statutory authority, FDA generally 
treats and staffs food safety and food labeling as separate areas of 
responsibility. 

See comment 2. 

The report refers to the Food Protection Plan (FPP) several times. The 
references imply that the provisions of the FPP are specifically 
focused on and/or directed to deal with issues related to false or 
misleading labeling. The FPP was designed to address food safety and 
defense concerns. Some of the actions may have some bearing on food 
labeling issues, but food labeling concerns were not the focus or 
impetus for developing the plan or for the plan's requested new 
authorities for FDA. The multiple references to the FPP throughout the 
report present a false impression that the FPP is either principally or 
substantially about food labeling. 

See comment 3. 

Resources, Priorities, and Information Technology: 

The report states that GAO did not assess how efficiently FDA used its 
resources or the impact of competing priorities when evaluating FDA's 
approach to the problem of misleading food labeling. However, these 
issues are central to all FDA regulatory decisions, including those 
regarding food labeling. With the exception of food labeling violations 
that concern the presence of major food allergens, most misleading food 
labeling violations do not present a high risk to public health. 
Nevertheless, our field force frequently conducts labeling examinations 
during their inspection and investigative activities. For example, 
continuous efforts are made to ensure that required labeling is in 
English, and that it conforms to other specifications that help 
consumers in their purchasing decisions. 

See comment 4. 

See comment 5. 

Another tool we rely upon is targeted sampling. FDA believes that 
targeted sample collection is the best use of agency resources for 
identifying misleading food labeling violations. Risk-based targeted 
sampling is the most valuable approach in all regulatory areas, 
including such examples as testing leafy greens and seafood for 
bacteria that cause foodborne illness. Random sampling is not, however, 
an efficient use of agency resources, except in limited circumstances 
where the agency believes it is important to establish baseline data. 

Regarding GAO's concerns about FDA's information technology (IT) 
systems, we have several initiatives underway to improve those systems, 
and to ensure that they support our business processes. IT systems 
support our research, risk assessments, inspection, surveillance and 
other activities, and are designed to serve those needs. FDA has 
developed strategic plans to respond to high-profile challenges in 
priority areas. FDA is committed to our mission and committed to 
effecting beneficial changes necessary to protect America's public 
health. FDA does not believe that tracking and analyzing data and 
providing routine reports on food labeling violations is the best use 
of agency resources, given the vast array of competing priorities 
confronting the agency. 

See comment 6. 

Finally, when FDA learned of the discrepancy between the warning 
letters issued and the warning letters posted on the website, FDA 
engaged in an intense and thorough reconciliation process, and 
continues to proactively work to put measures into place to prevent 
such discrepancies from occurring in the future. The Division of 
Freedom and Information (DFOI) and the Office of Regulatory Affairs 
(ORA) continue to conduct audits of the agency's warning letter 
database. 

FDA Comments on GAO Recommendations: 

Recommendation: Ensure that labeling office managers have the 
information they need to oversee compliance with food labeling statutes 
and regulations by: 

* Maintaining, in a searchable format, data on food labeling 
violations, including type of violation, information about corrective 
actions taken or, if no action was taken, the reason why; 

* Analyzing violation data in routine management reports; and: 

* Tracking untitled letters and regulatory meetings related to food 
labeling violations and analyze whether these are an effective use of 
resources. 

FDA Response: FDA agrees that being able to track any and all 
information that would allow its investigators to better do their jobs 
would be useful to the agency. However, it is important to remember 
that data collection requires time and effort. It is important to make 
sure that data-entry does not become so burdensome that it takes away 
from other investigative work. 

See comment 7. 

Recommendation: Ensure that the public has timely access to information 
on food labeling violations that may have serious health consequences 
by requiring all the centers and offices to post on FDA 's public 
website, within a specified time frame, key information such as 

* All warning letters;
* All recalls;
* Statistics on serious enforcement actions (e.g. import refusals) by 
country, type of food, and the problem found (e.g. undeclared 
allergen); and: 
* Information on violations that FDA classifies as serious (e.g. 
product identification, exposure symptoms); 

FDA Response: FDA already posts and maintains much of this information 
on its website. FDA will keep the information as up to date as possible 
given resource and time limitations. 

See comment 8. 

FDA's Detention Authority for Foods:  

In several places throughout the draft GAO report, it is suggested that 
the only context in which FDA detains food is under the Public Health 
Security and Bioterrorism Preparedness and Response Act of 2002 
(Bioterrorism Act). While the Bioterrorism Act gives FDA authority to 
administratively detain an article of food if certain conditions are 
met, the report should clearly note that FDA has another type of 
detention authority under section 801 of the Federal Food, Drug, and 
Cosmetic Act (FFDCA). This second type of detention authority applies 
to imported articles, including food, which appears to violate the 
FFDCA. The two types of authority are outlined below. 

See comment 9. 

FFDCA 801(a) — When FDA initiates refusal of admission under section 
801(a) because it has made an initial determination that a food offered 
for import appears to violate the FFDCA, the food is said to be 
"detained" pending a final decision as to its admissibility. While the 
food is under detention, the importer has an opportunity to introduce 
testimony and, in some circumstances, can request authorization to 
bring the product into compliance. After this process, the product will 
ultimately be admitted into domestic commerce or refused admission. In 
this context, detention thus refers to withholding release of a product 
pending a decision regarding admission or refusal. 

FFDCA 304(h) — Section 304(h) covers any article of food that presents 
a threat of serious adverse health consequences or death to humans or 
animals. Although section 304(h) was added to the FFDCA by the 
Bioterrorism Act, an act or threat of terrorism is not required to use 
the authority. Credible evidence or information indicating that the 
article presents a threat of serious health consequences or death is 
the evidentiary standard for using this authority. See 21 CFR Part 1, 
subpart K, and FFDCA section 304(h). FDA has not yet used its detention 
authority under the Bioterrorism Act because, to date, FDA has been 
able to use other authorities and regulatory tools to adequately 
protect the public health. Although the section 304(h) authority 
applies to both domestic and imported food, FDA expects to use this 
authority principally for domestic food. If imported food is subject to 
administrative detention under section 304(h), it is very likely also 
subject to detention and refusal of admission under section 801(a), as 
described above. 

Nutrition Labeling, Nutrition Symbols, and Consumer Research: 

Concerning the report's recommendation that FDA develop a simplified 
system for conveying the overall nutritional quality of a food to 
consumers, here is some background on how FDA's current nutrition 
labeling requirements came into existence and on the agency's consumer 
research in this area. In 1990 Congress amended the FFDCA by enacting 
the Nutrition Labeling and Education Act of 1990 (NLEA) (Public Law 101-
535, 104 Stat. 2353). NLEA established mandatory nutrition labeling for 
packaged foods to enable consumers to make more informed and healthier 
food product choices in the context of their daily diets. The United 
States was likely the first government to institute mandatory nutrition 
labeling for packaged foods. In 1993, FDA issued regulations 
implementing the NLEA. Prior to issuing these regulations, FDA 
conducted consumer research to determine how best to meet the 
objectives of the new law. Based on this research, FDA established a 
standardized format in a tabular form for the nutrition label so that 
consumers could readily recognize and become familiar with the 
nutrition information provided in labeling. It included nutrients to 
limit in the diet (e.g. saturated fat, sodium), as well as nutrients 
that consumers need in their diet (e.g. vitamin A, fiber). This section 
of the label is referred to as Nutrition Facts and is well recognized 
by consumers. The research also resulted in the decision to include a 
benchmark, the percent Daily Value (%DV), for consumers in the 
Nutrition Facts so that they could readily compare products and could 
judge how a product fits into their overall diet. The %DV has 
facilitated the development of education programs on the use of the 
Nutrition Facts for planning healthful diets and is integrated into the 
Dietary Guidelines for Americans. 

Among the regulations to implement NLEA, the agency set forth general 
principles for nutrient content claims (21 CFR 101.13), which are 
claims that characterize the level of a nutrient in a food (e.g., "low 
fat," "good source of fiber"), and for health claims (21 CFR 101.14), 
which are claims that characterize the relationship of a food substance 
to a disease or health-related condition (e.g., "calcium may reduce the 
risk of osteoporosis"). Once such claims have been authorized by FDA, 
manufacturers may use them in food labeling, when products are 
eligible. The agency has been aware that in recent years there has been 
a trend in food labeling to use symbols and icons on the label to 
indicate the nutritional attributes and quality of the food product; 
however, the agency lacked adequate information about how various 
symbols are understood and used by consumers, and how symbols may 
affect food choices available in the marketplace. 

FDA received a petition from a consumer organization requesting that 
the agency explore the use of front- of-package symbols to convey the 
healthfulness of foods (Docket No. 2006P-0498). After receiving the 
petition, the agency held a public hearing to afford industry, 
consumers, and other interested parties the opportunity to provide 
research and comments on the use of symbols to communicate nutrition 
information on food labels. The public hearing notice outlined three 
main issues and posed questions for each of these issues. The first 
issue was concerned with the types of foods that bear nutrition symbols 
and the nutrient requirements for those symbols. The second issue was 
concerned with consumer understanding and use of nutrition symbols. The 
third issue was concerned with the economic impacts of nutrition 
symbols on food labels. The agency is currently evaluating the 
information received and the necessary next steps.

CFSAN is also taking steps to better understand how consumers interpret 
and use front-of-package nutrition symbols and how these symbols affect 
food choices. Its Office of Regulations, Policy, and Social Sciences 
(ORPSS) received funding to conduct two studies for FY07 and FY08. The 
first FY07 study (Consumer Perceptions of Nutrition Quality Indicators) 
is complete, and included four focus groups (two in Calverton, MD and 
two in Albany, NY) with adult respondents. The purpose of these groups 
was to evaluate consumers' reactions to a variety of front-of-package 
symbol schemes that are currently found in the marketplace, and to 
other front-of-package symbols that can potentially be used to 
communicate the nutritional characteristics of packaged foods. The 
findings from these groups will inform the experimental variables (i.e. 
conditions) selected for an upcoming Internet panel experiment 
(Evaluation of Nutrition Symbols on Food Packages) that will provide 
empirical information about accurate and erroneous judgments and 
inferences that consumers make in response to front-of-package symbols. 
The experiment will be designed to provide CFSAN's Office of Nutrition, 
Labeling and Dietary Supplements (ONLDS) with information about 
potential problems stemming from halo effects, information search 
truncation, and interactions between front-of-package symbols and other 
information on the food label, such as the Nutrition Facts panel (NFP), 
nutrient content claims, and health claims. Following the initial 
experimental study, we will use FY08 funds to conduct another round of 
focus groups (Qualitative Research on Consumer Response to Nutrition 
Symbols). The purpose of these groups will be to provide additional 
qualitative information about the front-of-package symbol schemes that 
were found to be most effective in the Internet panel experiment, and 
to discuss ways in which any problems related to misleading labeling 
might be addressed and remedied. The findings from these focus groups 
will be used to inform the conditions for the second Internet panel 
experiment (Consumer Responses to Nutrition Symbols), which will 
further evaluate the front-of-package symbol schemes from the first 
experiment that were found to most effectively communicate information 
to consumers about the nutritional characteristics of packaged foods. 
The second study will also evaluate possible remedies (e.g. 
disclosures, disclaimers) for any misleading effects that result from 
the use of front-of-package symbols. 

CFSAN has findings from its nationally representative telephone surveys 
that provide important information on consumers' use of the Nutrition 
Facts Panel (NFP). Data from the 1996 and 2002 Health and Diet Surveys 
indicate that approximately 70% of adults say they look at the NFP the 
first time they purchase a food, and that the majority of these adults 
use the NFP to compare the nutrition profiles of similar types of 
products (e.g. cereals, frozen entrees) and to find the declared 
amounts for specific nutrients of concern (e.g. sodium, fats). 
Furthermore, findings from the NFP format studies conducted by CFSAN in 
the mid-1990's showed that even if consumers cannot define or do not 
completely understand a metric found on the NFP (e.g. Percent Daily 
Value, or %DV), they can still use that information to compare the 
nutrition profiles of two products and accurately determine which 
product is more healthful. 

See comment 10. 

We agree with GAO's recommendation for empirical research to evaluate 
the communication effects of nutrition symbols, but believe it is 
important to extend our investigation beyond issues related to the 
consistency, accuracy, and effectiveness of the symbols. Specifically, 
CFSAN believes it is important to determine how consumers will use the 
symbols in combination with front-of-package claims and the NFP. We 
plan to examine how these different types of label information interact 
and influence consumers' decision-making. We also intend to determine 
whether the symbols lead to a truncation of consumers' information 
search, and whether these symbols result in "halo effects" that create 
misperceptions about unrelated product characteristics. 

Qualified Health Claims: 

The report notes, "Stakeholders, such as the American Heart Association 
(AHA), have suggested that FDA eliminate the use of qualified health 
claims on food labels" and states that findings from 2005 and 2007 FDA 
studies support the view that these claims may encourage consumption of 
foods with little or no health benefits. There are two problems with 
this discussion of qualified health claims. First, for completeness, 
the GAO report should note that court decisions, beginning with Pearson 
v. Shalala, hold that the First Amendment precludes FDA from 
prohibiting the use of a qualified health claim unless FDA can show 
that the claim is inherently misleading or, if the claim is only 
potentially misleading, that use of disclaimer would not remedy the 
claim's potential to mislead. Thus, absent consumer research or other 
evidence that satisfies the Pearson court's criteria, FDA does not have 
the authority to eliminate use of qualified health claims as a class of 
claims. Secondly, contrary to the statement in the report, FDA's 2005 
and 2007 qualified health claim experiments did not find that qualified 
health claims might encourage the consumption of foods with little or 
no health benefits. This conclusion goes well beyond the data. FDA's 
research simply showed that qualified health claims produced halo 
effects, that consumers could not use "word only" qualifiers to 
determine the level of scientific support for different claims, and 
that while consumers could use report card grades to help them 
discriminate the level of scientific support between claims, these 
grades (i.e. qualifiers) did not remedy the halo effects resulting from 
the claims. 

See comment 11. 

See comment 12. 

The following are GAO's comments on the Department of Health and Human 
Service's (HHS) letter dated August 19, 2008. 

GAO Comments: 

1. FDA commented that the report did not place food labeling in the 
appropriate context, given FDA's overall public health mission and 
competing priorities. We believe the food labeling responsibilities are 
part of that mission. The Federal Food, Drug, and Cosmetic Act 
specifically describes FDA's mission to include protecting the public 
health by, among other things, ensuring that "foods are safe, 
wholesome, sanitary, and properly labeled." FDA also commented that the 
report failed to account for all the varied initiatives that FDA and 
HHS have undertaken to fight obesity and ensure that foods are labeled 
in a manner that fosters consumer education and healthy choices. The 
subject of this report is food labeling, not obesity. With respect to 
labeling initiatives to help consumers make healthy food choices, the 
report identifies several areas where stakeholders believe that FDA 
falls short. 

2. Although FDA said that it does not consider food labeling part of 
its food safety mission, it does include reviewing labels as a required 
step in a food safety inspection. Also, overseeing industry compliance 
with labeling requirements is part of FDA's food oversight 
responsibilities and labeling laws help consumers ensure that the food 
they buy is safe for them eat. That said, since FDA made this 
distinction, we revised the wording in some places in the final report. 

3. FDA took issue with the report's frequent references to the Food 
Protection Plan. FDA stated that the plan was developed to address food 
safety and defense, although it may have some bearing on food labeling 
issues. It was not our intent to suggest that the plan's primary focus 
was on food labeling, and we have clarified this in the report. The 
report discusses the Plan's potential to help FDA carry out its food 
regulatory responsibilities and discusses certain provisions that, if 
implemented, may be useful tools in monitoring and enforcing the food 
labeling requirements. 

4. FDA correctly noted that the report does not evaluate how 
efficiently FDA used its resources or the impact of its changing 
priorities, although we did examine resources for food labeling. For 
example, the report provides 10 years of budget data on FDA, with 
detailed data for each center, including (1) total staffing and 
funding, (2) the portion of Office of Regulatory Affairs' staffing and 
funding for inspections and other oversight, and (3) staffing and 
funding supported by user fees. However, because FDA was not able to 
provide risk-based priority plans or annual work projections for all 
labeling activities, we could not determine how efficiently labeling 
resources were used or the impact of changing priorities on labeling. 

5. FDA contended that most misleading food labeling violations do not 
present a high risk to public health. However, FDA has not conducted 
the research to identify which food labels are misleading and therefore 
has little or no basis for determining the health impacts of misleading 
labeling violations. 

6. FDA commented that it does not believe that tracking and analyzing 
data and providing routine reports on food labeling violations is the 
best use of its resources, given competing priorities. We maintain that 
risk-based decisions, such as allocating resources effectively, must 
include careful analysis of this type of data on regulatory programs. 
Moreover, FDA already collects most of these data so resource 
investment to generate the reports should be minimal and worth the 
benefits of ensuring that managers' decisions are well-informed and 
risk-based. As FDA rolls out several initiatives for improving its 
information technology systems, which it states are under way, HHS may 
want to provide FDA managers with training on using the systems as 
management tools. 

7. FDA said it agreed that being able to track any and all information 
that would allow its investigators to better do their jobs would be 
useful to the agency, but that data collection requires time and 
effort. FDA continued, it is important to make sure that data entry 
does not become so burdensome that it takes away from other 
investigative work. However, as we previously noted, FDA already 
collects most of these data. With a small resource investment, 
analyzing these data in reports can help managers make more informed 
decisions. 

8. FDA implied that it may not have the resources to keep data on the 
public Web site up to date. However, providing consumers with 
information that is timely and complete can help them avoid potentially 
dangerous food and make healthy food purchases. 

9. FDA commented that the report suggests in several places that the 
only context in which FDA detains food is under the Bioterrorism Act, 
and that that FDA has another type of detention authority that applies 
to imported articles. However, the report does discuss FDA's other 
detention authority under section 801(a) of the Federal Food, Drug, and 
Cosmetic Act. The report refers to these actions as "import refusals," 
which is the term that FDA currently uses for these enforcement 
actions. We added a footnote in the text to note this. 

10. FDA's statement--that its survey indicated that 70 percent of 
adults said they look at the Nutrition Facts panel the first time they 
purchase a food--is misleading. In that survey, 44 percent of 
respondents told FDA that they "often" read the panel the first time 
they purchase a food, and 25 percent "sometimes" read the panel at that 
time; while 31 percent "rarely" or "never" read the panel.: 

11. FDA commented that (1) court decisions, beginning with Pearson v. 
Shalala, hold that the First Amendment precludes FDA from prohibiting 
the use of qualified health claims unless FDA can show that the claim 
is inherently misleading, or if the claim is only potentially 
misleading, that the use of a disclaimer would not remedy the claim's 
potential to mislead, and (2) that absent consumer research or other 
evidence that satisfies the criteria set by the court in Pearson v. 
Shalala, FDA does not have the authority to eliminate qualified health 
claims as a class of claims. We added language to the report to 
acknowledge FDA's position. 

12. FDA commented that, contrary to our report, FDA's 2005 and 2007 
qualified health claims experiments did not find that qualified health 
claims might encourage the consumption of foods with little or no 
health benefits. Our report states that, according to the stakeholders 
we consulted, "… these claims confuse or mislead consumers and may 
encourage consumption of foods with little or no health benefits." It 
then states that "[t]his view was supported by findings from 2005 and 
2007 FDA studies." This statement is consistent with FDA's findings. 
According to its public Web site, those studies on qualified health 
claims found that "qualifying statements … were not understood by 
consumers" and "even when … understood as intended, qualifying 
statements had unexpected effects on consumers' judgments about the 
health benefits and overall healthfulness …. " 

[End of section] 

Appendix VII: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Lisa Shames, (202) 512-3841, s [Hyperlink, shamesl@gao.gov] 
hamesl@gao.gov: 

Staff Acknowledgments: 

In addition to the contact named above, Erin Lansburgh, Assistant 
Director; Beverly Peterson, Analyst-in-Charge; Kevin S. Bray; Abby 
Ershow; Bart Fischer; Jennifer Harman; Natalie Herzog; Luann Moy; 
Allison O'Neill; Minette Richardson; Carol Herrnstadt Shulman; and 
Marcia Whitehead made key contributions to this report. 

[End of section] 

Footnotes: 

[1] Go to [hyperlink, http://www.MyPyramid.gov] to view USDA's 2005 
revised food guide pyramid--entitled MyPyramid--and access hyperlinks 
to other nutrition information sponsored by the federal government. 

[2] 21 U.S.C. §§ 301-399. 

[3] GAO, High-Risk Series: An Update, GAO-07-310 (Washington, D.C.: 
January 2007). 

[4] HHS, FDA, FDA Science and Mission at Risk (Washington, D.C.: 
November 2007). 

[5] HHS, FDA, Food Protection Plan: An Integrated Strategy for 
Protecting the Nation's Food Supply (Washington, D.C.: November 2007). 

[6] FDA's Commissioner provided the assessment of immediate resource 
needs in a May 3, 2008, letter in response to a request from the 
Ranking Member, Subcommittee on Labor, Health and Human Services, 
Education, and Related Agencies, Senate Committee on Appropriations. 

[7] GAO, Federal Oversight of Food Safety: FDA Has Provided Few Details 
on the Resources and Strategies Needed to Implement its Food Protection 
Plan, GAO-08-909T (Washington, D.C.: June 12, 2008); and Federal 
Oversight of Food Safety: FDA's Food Protection Plan Proposes Positive 
First Steps, but Capacity to Carry Them Out Is Critical, GAO-08-435T 
(Washington, D.C.: Jan. 29, 2008). 

[8] GAO, Federal User Fees: A Design Guide, GAO-08-386SP (Washington, 
D.C.: May 29, 2008). 

[9] GAO, Food Safety: USDA and FDA Need to Better Ensure Prompt and 
Complete Recalls of Potentially Unsafe Food, GAO-05-51 (Washington, 
D.C.: Oct. 6, 2004). 

[10] GAO-08-386SP. 

[11] Certain small businesses are exempt from certain labeling 
requirements and other exceptions exist--for example, packaged fresh 
fruits or vegetables, in which nutrients vary depending on growing 
conditions, are not generally required to include a Nutrition Facts 
panel. 

[12] Dietary supplements have different labeling requirements. 

[13] On labels for products distributed solely in Puerto Rico or in a 
U.S. Territory where the predominant language is not English, the 
predominant language may be substituted for English. 

[14] GAO-05-51. 

[15] A food product entry line is each portion of a shipment that is a 
separate type of product. 

[16] Life Sciences Research Office, Federation of American Societies 
for Experimental Biology. "Analytical Data and Label Review of 300 Food 
Products" (Bethesda, MD: October 1994). 

[17] To access warning letter data on FDA's public Web site, go to 
[hyperlink, http://www.fda.gov/foi/warning.htm]. 

[18] GAO, Mad Cow Disease: FDA's Management of the Feed Ban Has 
Improved, but Oversight Weaknesses Continue to Limit Program 
Effectiveness, GAO-05-101 (Washington, D.C.: Feb. 25, 2005). 

[19] After fiscal year 2007 ended, FDA obtained another consent decree 
of permanent injunction prohibiting Brownwood Acres Foods, Inc., from 
promoting its fruit products and dietary supplements with unauthorized 
health claims and unapproved drug claims. 

[20] FDA currently uses the term "import refusals" for its detention 
authority under section 801(a) of the Federal Food, Drug, and Cosmetic 
Act. 

[21] According to FDA officials, there may also be shipments that were 
detained for labeling violations, reconditioned by the owner, and then 
released. 

[22] GAO-05-51. 

[23] GAO-08-909T. 

[24] The department's 2009 justification also proposed user fees for 
issuing food and animal feed export certificates--a proposal 
recommended in the Food Protection Plan. 

[25] GAO-08-386SP. 

[26] GAO, Medical Devices: FDA Faces Challenges in Conducting 
Inspections of Foreign Manufacturing Establishments, GAO-08-780T 
(Washington, D.C.: May 14, 2008). 

[27] GAO-05-51. 

[28] GAO-08-435T and GAO-08-909T. 

[29] Gill Cowburn and Lynn Stockley, Consumer Understanding and Use of 
Nutrition Labeling: a Systematic Review, Public Health Nutrition 
(University of Oxford: August 2004). This comprehensive synthesis 
reported on 103 studies. Using a set protocol and standard published 
criteria, the authors judged 9 percent of the studies to be of high or 
medium-high quality. This study also included studies from other 
countries that have less nutrition labeling than the United States. We 
determined this synthesis was sufficiently reliable for our purposes. 

[30] National Academies, Institute of Medicine, Food Marketing to 
Children and Youth: Threat or Opportunity?, National Academies Press 
(Washington, D.C.: 2006). 

[31] For information on this proposal, go to the following Web site: 
[hyperlink, 
http://www.europarl.europa.eu/oeil/FindByDocnum.do?lang=en&docnum=COM/ 
2008/40]. 

[32] FDA, Experimental Study of Qualified Health Claims: Consumer 
Inferences about Monounsaturated Fatty Acids from Olive Oil, EPA and 
DHA Omega-3 Fatty Acids, and Green Tea (2007). FDA, Brenda Derby and 
Alan Levy, Effects of Strength of Science Disclaimers on the 
Communication Impacts of Health Claims (September 2005). 

[33] FDA, "Draft Guidance for Industry and FDA Staff: Whole Grain Label 
Statements" (Feb. 17, 2006). 

[34] National Academies, Institute of Medicine, Preventing Childhood 
Obesity: Health in the Balance, National Academies Press (Washington, 
D.C.: 2005). 

[35] GAO-08-386SP. 

[36] A "medical food" is a food that is formulated to be consumed or 
administered internally under the supervision of a physician, and that 
is intended for the specific dietary management of a disease or 
condition for which distinctive nutritional requirements, based on 
recognized scientific principles, are established by medical 
evaluation. An example of a medical food is an infant formula that is 
free of certain amino acids and is designed for infants with a rare 
genetic condition. 

[37] Pub. L. No. 101-535, 104 Stat. 2353. 

[38] 21 U.S.C. §§ 301-397. 

[39] In addition, a claim may be authorized if a relevant scientific 
body of the U.S. government or the National Academies, or a subdivision 
thereof, has published an authoritative statement, currently in effect, 
about the relationship between a nutrient and a disease or health- 
related condition to which the claim refers. 

[40] 56 Fed. Reg. 60,537, Nov. 27, 1991. 

[41] Dietary Supplement Act of 1992, Pub. L. No. 102-571, tit. II § 
202, 106 Stat. 4500. 

[42] 58 Fed. Reg. 2478, Jan. 6, 1993. 

[43] 59 Fed. Reg. 395, Jan. 4, 1994. 

[44] 164 F.3d 650 (1999). 

[45] In addition, the court found that the Administrative Procedure Act 
requires that FDA give some "definitional content to the phrase 
'significant scientific agreement,'" either in regulation or on a case- 
by-case basis so that the regulated class can "perceive the principles 
which are guiding agency action." 164 F.3d at 661. FDA subsequently 
provided guidance describing the meaning of the phrase. 

[46] 64 Fed. Reg. 67,289, Dec. 1, 1999. 

[47] 65 Fed. Reg. 59,855, Oct. 6, 2000. 

[48] 67 Fed. Reg. 78,002, Dec. 20, 2002. 

[49] 68 Fed. Reg. 41,387, July 11, 2003. 

[50] Whitaker v. Thompson, 248 F. Supp. 2d 1 (2002). See also Pearson 
v. Shalala, 130 F. Supp. 2d 105 (2001). 

[51] Those qualifying statements being (1) "although there is 
scientific evidence supporting the claim, the evidence is not 
conclusive"; (2) "some scientific evidence suggests … however, FDA has 
determined that this evidence is limited and not conclusive"; and (3) 
"very little and preliminary scientific research suggests … FDA 
concludes that there is little scientific evidence supporting this 
claim." FDA, Interim Procedures for Qualified Health Claims in the 
Labeling of Conventional Human Foods and Human Dietary Supplements 
(July 10, 2003). 

[52] 68 Fed. Reg. 66,040, Nov. 25, 2003. 

[53] FDA, Center for Food Safety and Applied Nutrition, FDA's 
Implementation of "Qualified Health Claims" Questions and Answers (May 
12, 2006). 

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