2 min read
Everyone knows sugar is out in 2022. In an effort to outdo yourselves on low sugar claims, some of you are making mistakes on your front of label language.
Consumer product labeling is subject to federal regulations. Before you spend a lot of money with design – and certainly before going to print on packaging – take the time and spend the money to run your packaging by a food and beverage regulatory expert (see here and here).
I learned this the hard way during the low-fat craze. Turns out use of the word “Lean” comes with a whole host of restrictions about not only fat and salt per serving, but also use on the primary display panel. After having done extensive consumer testing with a mockup package design, we learned that the size of the word Lean had to be greatly reduced, plus we needed an ugly looking disclaimer in close proximity to the word.
Back to sugar. What are some language watch outs?
1. Sugar free
Sugar Free is regulated in the Code of Federal Regulations Title 21 which, among other things, requires that products be <0.5 g of sugar per serving and may need to include the statement “not a low calorie food” to make the claim.
2. Slightly Sweet or Lightly Sweetened
Careful with this type of language to communicate low sugar – it could trigger legal action as was the case recently with this brand (who did successfully defend the claim as puffery).
3. Zero Grams
Even if your nutrition label rounds down to 0 per serving, the same requirements apply as with the claim Sugar Free. Additionally, products may not include ingredients that consumers generally understand to contain sugar.
4. No Added Sugars
This is for when you are solving for a perceived concern over the source of sugar, not total sugars. Consumers looking for no sugar will feel duped once they turn the package around and find grams of sugar. For guidance on what is considered added sugar go here
Can I just say Low Sugar?
Nope, not allowed. (see page 90 here)
What is a better way to communicate low sugar?
What consumers want to know (and what you can say) is the actual grams of sugar per serving. In the case of Smart Sweets, which is candy, where the whole proposition is, “this is low sugar candy” – they say it loud and clear.
As with all brand messaging, you want to be honest with consumers while standing out amongst your competitors. In the effort to compete you may inadvertently veer off what is legally allowed for packaging claims. When your brand is small, likely no action will come against you if you do something wrong. But best practice is to take care early on to properly clear your package with a regulatory expert.
Hanging on to consumers has become super critical. Loyalty programs are not just for retailers - brands should check out this list