Ottawa to restrict carb claims
By PATRICK BRETHOUR, Tuesday, March 2, 2004 - Page B1
http://www.globeandmail.com/servlet...ness/TopStories
CALGARY -- The federal government will put the low-carb marketing craze on a crash diet next year, with Ottawa planning to slap severe restrictions on the kinds of health claims that food companies are able to make -- even as the industry gears up to cash in on the latest weight-loss mantra.
"You can say the brand name, and the carb count, and you can say it tastes good, and that's about it," says Connie Morrison, vice-president of Canada Bread Co. Ltd., which is aiming to comply with the new rules with its recently introduced low-carb products, even though they won't take effect until next December.
The soaring popularity of diets such as the Atkins plan and the South Beach regime -- both of which contend that reducing consumption of foods such as white bread, pasta and potatoes is the key to weight loss -- have led to an explosion of low-carb products in the United States, where everything from low-carb versions of chocolate-covered peanut butter bars to pizza mixes are on offer.
In Canada, the low-carb juggernaut is still gathering steam. But Health Canada's new rules on product claims will largely stop it dead in its tracks.
Under those rules, companies will no longer be able to claim that their products -- including beer -- are "carbohydrate-reduced" or "low in carbohydrates," or, indeed, use any phrase that states or implies a health benefit related to carbohydrate levels.
Brand names that similarly imply or state health benefits could also face difficulties and be forced to rechristen themselves. Ms. Morrison says Canada Bread believes its brand names, including Carb Conscious and Carb Wise, do not stray outside the regulations.
And one of the favourite phrases of the low-carb movement, "net carbs," appears to be headed for prohibition. (Net carbs exclude carbohydrates that come from fibre and sugar alcohols, with the lower tally supposedly reflecting only those carbohydrates that elevate blood sugar.) That would leave food companies able to make just one low-carb sales pitch: the total number of carbohydrates in a serving, without any further adornment.
The ban on low-carb claims is part of a long-planned move by Health Canada to restrict advertising on food packages, and focus consumers' attention on the detailed label that spells out a product's nutritional makeup. "The whole point here is, you want to make sure the consumer is not being misled," says Margaret Cheney, chief of the nutrition evaluation division at Health Canada.
The rules take effect next December for companies with more than $1-million in sales, with smaller firms following suit two years later.
About one in 100 Canadians are on low-carb diets, according to a recent survey, compared with one in 25 Americans.
Faced with the growing popularity of low-carb diets, Health Canada says it may redraft those rules. "Quite honestly, we've been rather hit by this explosion of interest in this area," Ms. Cheney says.
The rules might be altered to define "net carbs" and authorize the use of that phrase and others as part of a low-carb marketing effort, a move that the U.S. Food and Drug Administration (USFDA) is already considering.
But before any restrictions are lifted, Health Canada will have to be convinced that a low-carb diet is healthy. "There's a great deal of controversy about these very low-carbohydrate diets, in terms of their long-term effects," Ms. Cheney says.
However, Health Canada and the Canadian Food Inspection Agency say that a phrase such as "net carbs" might be allowed, even without a rule change, if it is not deemed to be a "qualitative" claim, or seen to be a simple statement of a number rather than a marketing pitch. A final verdict is still up in the air, however.
Any amendments, even if fast-tracked, will take between 18 months and two years to put in place.
The uncertainty has some makers of low-carb products wondering if they will have to rewrite their marketing plans come next December. "I would say there's a lot of confusion in the industry right now, especially around low carb," says Alex Green, director of marketing at Panago Pizza Inc., which launched low-carb versions of its upscale pizzas in the last week, using a crust without white flour.
Panago is using the "net carb" phrase for its Carb Smart Pizza. It is the "clearest, most succinct" way to tell consumers that Panago has a low-carb product, Mr. Green says. The Subway sandwich chain also uses the "net carbs" phrase in its advertising for its low-carb wraps, introduced in December.
Yet, the phrase may soon be banned, laying low the low-carb marketing push from Panago, Subway and others.
Mr. Green, for one, thinks that any new rules should allow for some way to cater to the low-carb crowd. "If this is something that consumers want, to be able to make a decision, how is it that we can't provide it to them?" he asks.
Even as the federal government decides how to digest the low-carb revolution, the food industry is entering into its own debate. The Food and Consumer Products Manufacturers of Canada will be deciding over the next two weeks whether it will push for a loosening of low-carb restrictions, says Carolyn O'Brien, director of scientific and regulatory affairs.
The association's U.S. equivalent, Grocery Manufacturers of America (GMA), is urging the USFDA to establish four formal standards for the use of carbohydrate labels: "carbohydrate-free," "low carbohydrate," "good source of carbohydrate" and "excellent source of carbohydrate." The USFDA said it could alter its rules within 100 days of receiving a formal petition, adding it is considering establishing a definition for "net carbs."
Ms. O'Brien said her group is looking at the GMA proposal, and that the four categories might form the basis of any proposal forwarded to the Canadian government.
Even without any change, food companies are looking for ways to comply with the restrictions on carbohydrate claims, while communicating to consumers that the products are carb-restricted. Canada Bread, for instance, prints numbers on the label for Carb Conscious bread that subtract fibre from total carbohydrates to arrive at a net-carb figure. But it does not use the two words, which may end up prohibited. "We're helping consumers do the math," Ms. Morrison says.
"Ottawa to restrict carb claims"
You can bet I'll be writing Health Canada when I get a chance to read more about this. Peppermint Patties can proudly display that they're low in fat, but Subway won't be allowed to state that their wraps have 11 net g of carbs? Gimme a break. What's good for the goose should be good for the gander.
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