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The FDA on Monday reopened the comment period to gather input on its plans to study potential front-of-pack labeling schemes after tech issues left some groups unable to submit their comments before the deadline…The most recent comment to FDA from CBA also echoes the group’s warnings about potential legal challenges to FOP labels. “Consumer Brands recommends that FDA carefully assess whether Congress has given the agency the legal authority to enact a mandatory, interpretive FOP labeling scheme,” the group writes. “There is no express authority for such a requirement in the Federal Food, Drug, and Cosmetic Act (FFDCA) and such a requirement would impose burdens of clear First Amendment significance.” The Sugar Association made the same point in its comment and also sharply questioned whether FDA’s past attempts to improve health through labeling have helped consumers. “Well-intentioned government regulation of nutrition far too frequently fails to advance the health of American consumers, who by and large want to follow a healthy dietary pattern,” the group argued. “As demonstrated by a 20-year history, a hyper focus on added sugars has failed to reduce obesity or chronic diet-related diseases and resulted in an exponential increase in the use of [low- and no-calorie sweeteners].”

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