Deceptive Marketing and Labeling Practices
We are bombarded by food advertisements via television, magazines, billboards, the Internet, and even in the grocery stores. Of course, the goal of any food manufacturer is to sell more product, but there is a fine line between truth in advertising and hyperbole, which could be construed as deception. How can consumers discern the difference? Just assume that all advertisement is an exaggeration of the truth.
Deceptive Marketing in the Food Industry
Although there are many examples of this from which to draw, the most obvious are the commercials and magazine ads that mislead the public and misrepresent the products by having beautiful and slender people eating fast food or a bag of potato chips (or other junk foods) subliminally implying that if you eat this, you too will be beautiful and slender. Of course, reasonable people know better, but if consumers are constantly flooded with these visuals, does one not start to rationalize and become influenced by these messages?
Another ubiquitous practice is called “oversells” in which the benefits of the product are exaggerated. Examples include the ever-present “All Natural” claims (a term that has no legal definition) on foods such as Cheetos; “Gluten-free” (on foods that never contained gluten in the first place); “No Cholesterol” on vegetable oils (only foods derived from animal sources contain cholesterol), and the ever-popular “Contains Antioxidants” phrase placed on processed foods (fruits, vegetables, whole grains, seafood, i.e. wholesome foods, will provide you with more antioxidants than a highly processed packaged food ever will).
The FDA has tenuous standards regarding health claims, and the food industry is well aware of how to manipulate the system to their advantage.
Deceptive Labeling in the Food Industry
The Nutrition Education and Labeling Act of 1990 requires the food industry to truthfully inform consumers about the nutrient and ingredient content of foods. Per the law, every packaged food must provide the following:
- The common name of the product.
- The name and address of the manufacturer, packer, or distributor.
- The net contents in terms of weight, measure, or count.
- The nutrient contents of the product (i.e. Nutrition Facts panel).
- The ingredients in descending order of predominance by weight.
There are exceptions to these rules. For example, a smaller label which is limited by space, may provide only some of the required information, but must have contact information for the inquisitive consumer.
Unfortunately, food manufacturers are privy to the loopholes and have found ways to further deceive consumers. You may be interested to know that even the Nutrition Facts Panel is not always truthful. For example, did you know that products claiming “Fat Free”, “Saturated Fat Free”, and/or “Trans Fat Free” can still contain fat, saturated fat, and/or Trans fat? According to the legal definitions, the label can claim to be Fat Free, Saturated Fat Free, and/or Trans Fat free so long as it contains less than 0.5 grams of each per serving.
The term “Free” implies zero, does it not? If several servings were consumed in a given day, one could potentially consume more than what is recommended, particularly in Trans fat, where the American Heart Association recommends limiting Trans fat to less than one percent of total daily calories. I wrote a letter to the FDA in 2011 regarding this issue; they replied, but I could not decipher the jargon that was used in their response.
How is the food industry getting away with it? Because the FDA is lacking enforcement, the laws are tenuous, and we as consumers are not protesting enough, and we continue to purchase the products that perpetuate the problem. They get away with it because they can.
Consumer Responsibility
What can you do? Here are some ideas:
- Do your own research on various food companies; support those with integrity.
- Do you know what’s in your food? Research the ingredients (www.cspinet.org is a valid source of nutrition information).
- Write letters of support or protest to lawmakers, food corporations, etc.
- Plant a garden.
- As always, make more meals from scratch.
Together, we can create a food system that is healthy for consumers, for the creatures, and for the environment.
Source: Sizer and Whitney. (2011). Nutrition: Concepts and Controversies, 12th Edition. Wadsworth, Cengage Learning.