December 22, 2010
Division of Dockets Management
Food and Drug Administration
Department of Health and Human Services
5630 Fishers Lane, rm. 1061
Rockville, MD 20852
Citizen Petition
The undersigned submits this petition under the relevant statutory sections of the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act or any other statutory provision for which authority has been delegated to the Commissioner of Food and Drugs under (21 CFR 5.10) to request the Commissioner of Food and Drugs to issue new rules to regulate the use of electronic versions of ingredient lists and nutrition facts labels.
A. Action requested
The petitioner requests the FDA to amend SEC. 201. [21 U.S.C. 321(m) to extend the definition of the term "labeling" to include electronic versions of labeling when they are used to represent labels on products that can not be examined physically by consumers as is the case in online grocery shopping.
The petitioner further requests the FDA to create a new regulation that would require manufacturers of packaged food to provide electronic versions of the ingredient lists and nutrition facts labels to online retailers and require that online retailers display electronic versions of the ingredient lists and nutrition facts labels in a manner which best simulates the customary conditions of display for retail sale as defined by the Food, Drug, and Cosmetic Act, (21 CFR 101.1).
B. Statement of grounds
Until recently food labels on or accompanying packaged foods have been the only method of disseminating ingredient lists and nutrition facts to the public. With the rise of online grocery shopping, computers, mobile devices and the opening of UPC (Universal Product Code) databases to the public, customary conditions under which labels are displayed, presented, shown, or examined are changing.
Many, but not all retailers already voluntarily display the ingredient lists and nutrition facts in a manner that is accessible to the consumer. The information is either displayed adjacent to the image of the product, through a link adjacent to the image of the product or in the image of the product with the ingredient lists and nutrition facts labels clearly visible.
These voluntary actions are an attempt to address the rise of online grocery marketing that presently generates 12 billion annually and is still growing. Online retailers are not responsible for the content of the product of others and usually have a disclaimer stating that fact. Disclaimers also advise consumers as an added precaution to read the labels that actually accompany the product before consuming.
The FDA should standardize and make universal these voluntary practices in order to keep pace with emerging technology as well as maintain its authority over the customary conditions under which labels are displayed, presented, shown, or examined.
C. Environmental Impact
I claim categorical exclusion under 21 CFR 25.30.
The undersigned certifies that to the best knowledge and belief of the undersigned, this petition includes all information and views on which the petition relies, and that it includes representative data and information known to the petitioner which is unfavorable to the petition.
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Dwayne A Ratleff
