Questions linger despite FDA whole grain guidance

Food and Drug Administration (FDA) took the first step toward clarifying whole grain labeling confusion by issuing draft guidance on what the term “whole grain” may include. Although the guidance answered some questions, it did not provide the food industry with the comprehensive labeling guidelines that the industry has been requesting. In fact, the guidance only offers nonbinding recommendations that are not to be implemented.

Although the baking industry eagerly waited for any type of whole grain guidance, many in the industry say FDA's first attempt at defining whole grain labeling issues is much ado about nothing. For starters, FDA's first attempt to define the term "whole grain" closely resembles other generally accepted whole grain definitions published from associations such as the American Association of Cereal Chemists and the Whole Grains Council. In addition, FDA's labeling recommendations simply reinforce what bakers already know, but often choose not to practice.

For example, the most controversial whole grain labeling issue, descriptor levels, was not tackled. FDA reinforced its position that these descriptors, such as "high" or "excellent source," should not be used to describe whole grain content, but FDA did not offer any guidance on when, or if, descriptor levels would be defined.

Labeling regulations allow bakers to make factual statements about whole grain content, such as "10 grams of whole grains," as long as the statements are not false or misleading. In addition, bakers may use a qualified health claim relating to whole grains and a reduced risk of coronary heart disease, if products meet certain FDA requirements.

Response from industry associations ranged from positive to neutral.

"Surveys are clear that consumers want to eat more whole grain, but are bewildered by the clutter of whole grain claims in advertisements and on packaging," said K. Dunn Gifford, Oldways' president and a co-founder of Whole Grains Council.

The Whole Grains Council's stamp program flies in the face of FDA's implicit regulations forbidding the use of descriptor levels. FDA sent a letter to the Whole Grains Council advising that "food labels bearing these stamps could be misbranded." However, Whole Grains Council assured its members that FDA said that any determination about the stamps will be made on a case-by-case basis, and on the merits of whether the descriptors are misleading.

One of the more surprising items to come out of FDA's whole grain guidance is the singling out of whole grain pizza crusts and bagels. According to FDA, pizza crusts and bagels that are labeled "whole grain" or "whole wheat," should entirely be made with whole grain flours or whole wheat flours.