HR7122-119

What This Bill Does

The Ensuring Consistency in Nutrition Labels Act amends the Federal Food, Drug, and Cosmetic Act nutrition-labeling rules. If HHS determines that a composite nutrient content value required on a food label under section 403(q)(1)(C), (D), or (E) is more than 5 percent above the declared label value, the food is treated as misbranded. Within 60 days after enactment, HHS acting through the FDA Commissioner must revise 21 C.F.R. 101.9 to reflect the new 5 percent deviation rule. The bill tightens tolerance for understated nutrient values on labels and gives FDA a short deadline to update its nutrition-labeling regulation.

Who Benefits and How

Consumers tracking calories, sodium, sugar, fat, or other required nutrients, nutrition researchers, dietitians, people managing chronic disease, and competitors with accurate labels benefit because foods with nutrient values more than 5 percent above labels become misbranded. FDA enforcement staff benefit from a clear statutory threshold.

Who Bears the Burden and How

Food manufacturers, packaged-food brands, nutrition-labeling consultants, testing laboratories, importers, and FDA rulemaking staff must update testing, label verification, quality control, and regulatory text within the 60-day implementation window. Companies with labels understating required nutrients by more than 5 percent face misbranding risk, recalls, relabeling, enforcement, and compliance costs.

Key Provisions

• Tightens nutrition-label accuracy by treating covered foods as misbranded when required nutrient values exceed declared values by more than 5 percent.
• Applies the threshold to nutrient values required under section 403(q)(1)(C), (D), and (E) of the Food, Drug, and Cosmetic Act.
• Requires HHS, through FDA, to revise 21 C.F.R. 101.9 within 60 days.
• Creates enforcement risk for manufacturers whose nutrition labels understate covered nutrient content.