Editor’s Note: The Washington Legal Foundation’s complete Comments to the FDA on its proposal that would mandate including “added sugars” on the Nutrition Fact Panel (Docket FDA-2012-N-1210) is available here. Below is a brief excerpt.

From: The Washington Legal Foundation

Washington Legal Foundation (WLF) appreciates the opportunity to submit these comments in response to the public notices published at 80 Fed. Reg. 44302 (July 27, 2015) and 80 Fed. Reg. 44303 (July 27, 2015). After detailing the interests of WLF in these proposed regulations, we will explain the serious constitutional concerns we have with the added-sugars labeling mandate and the Percent Daily Value labeling mandate. This comment will also explain why the Food and Drug Administration’s failure to comply with certain mandatory procedural requirements, and its flawed reliance on a federal nutrition advisory committee report, are legally suspect.


Below we detail legal infirmities under the Information Quality Act, the National Nutrition Monitoring and Related Research Act (NNMRRA), and the Federal Advisory Committee Act, all of which can be pursued through an Administrative Procedure Act-based lawsuit.