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KIND Petitions FDA to Change Nutrition Label Regulation

KIND Petitions FDA to Change Nutrition Label Regulation



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The health food company teamed up with 10 leading health professionals to address misleading content claims on food products.

If you browsed the central aisles of your grocery store and only looked at the claims made on nutrition labels, it would seem like every packaged food could be considered “healthy.” Sugary cereals boast having "dozens of essential vitamins and minerals," and potato chips are labeled “gluten-free,” both of which can mislead shoppers into believing they are healthy choices. While there are plenty of healthy options in the center aisles, they can be more difficult to identify due to current FDA regulation of nutrient content claims.

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KIND has teamed up with a group of leading health and nutrition experts in filing a Citizen Petition this morning, urging the FDA to update current nutrient content claim regulation. The petition address the problem with current regulation, which emphasizes nutrient quanity in a product instead of overall food quality, which the petition says can create consumer confusion.

The petition urges the FDA to only allow nutrient claims for products containing a meaningful amount of a health-promoting food—think vegetables, fruits, whole grains, legumes, or nuts. For example, this would mean a cereal product with an ingredient list full of whole grains and whole fruit-based sugars would be able to make more health claims than a cereal product full of added sugars and mostly refined grains—even if it is fortified with essential nutrients. The petition asks for better regulation of fortified foods as well to ensure food companies are fortifying within FDA guidelines.

"Dressing up empty calorie products by emphasizing a singular nutrient, like protein or fiber, versus the overall quality of the food is unfair to consumers," KIND Founder & CEO Daniel Lubetzky said in a press release. "By bringing greater rigor to the use of nutrient claims, FDA can increase label transparency and help people better identify foods that contribute to a healthy diet, which KIND has long advocated for."

In an email conversation with Cooking Light, Lubetzky said nutrient claims on food packaging are often abused on empty calorie foods. Back in 2015, the KIND team urged the FDA to reshape their ideas on how "healthy" could be used on food labels.

"At the time, the 'healthy' definition discriminated against good-for-you fats found in foods like nuts, salmon, and avocados, but the term could be used on items like fat-free chocolate pudding," Lubetzky said.

The FDA is currently in the process of redefining 'healthy,' as research shows the benefits of heart-healthy fats on our overall health. The petition seeks to help the FDA in their mission to do so.

The petition urges for an amendment to current regulations that would include disclosure levels for added sugars and trans fat while excluding disclosure levels for total fat and cholesterol. It then goes even farther, asking for revision of current regulation to disqualify foods, other than meal or main dish products, contributing more than 25 percent of the daily value for saturated fat, sodium, or added sugar or more than 1 gram of trans fat from bearing nutrient content claims.

Looking for easy tips for eating healthier?

A recent survey conducted by the American Heart Association showed 95 percent of Americans sometimes or always look for healthy food choices when grocery shopping, but only 28 percent find it easy to decipher which products are actually healthy. If one is unsure how to properly read a nutrition label, it can be easy to try to identify healthy choices based on the front of food packaging alone and end up unintentionally making poor food choices.

“I'm pleased to support the petition,” said Dr. David Katz MD, MPH and founding director of the Yale University Prevention Ressearch Center, who is a co-signatory of the petition. “Amending the nutrient content claim regulation to ensure that the majority of a product is made from a genuinely nutritious food source will have a lasting impact on public health."

"The ideal outcome is that FDA updates a regulation that was implemented in the 1990s," said Stephanie Csaszar RD and Health & Wellness Expert at KIND. "If our petition is adopted, empty-calorie products would be banned from using nutrient content claims, or at the very least, required to disclose "negative nutrients," such as added sugar and trans fat."


The year-long fight with the makers of Kind Healthy snacks ended with the company agreeing to use “healthy” to define its corporate philosophy, not to make any nutritional claims about its products, the FDA said.

“In our discussions with Kind, we understood the company’s position as wanting to use ‘healthy and tasty’ as part of its corporate philosophy, as opposed to using ‘healthy’ in the context of a nutrient content claim. The FDA evaluates the label as a whole and has indicated that in this instance it does not object,” the agency said in a statement.

In April 2015, the FDA issued a long warning letter to Kind, saying it couldn’t claim its fruit and nut bars were healthy because they contained too much saturated fat and because it described the antioxidant content as healthy despite there being no medical definition to back up the claim.

“Kind satisfactorily addressed the violations contained in the warning letter,” the FDA said Tuesday.

The company asked FDA to take another look at what constitutes “healthy” on a food label.

“The current regulation was established 20 + years ago. Under it foods like nuts, salmon and avocados cannot be labeled as healthy, but items like fat-free pudding and low-fat toaster pastries can,” Kind said in a statement.

“Consumers want to make informed food choices and it is the FDA’s responsibility to help them by ensuring labels provide accurate and reliable nutrition information. In light of evolving nutrition research, forthcoming Nutrition Facts Labeling final rules, and a citizen petition, we believe now is an opportune time to reevaluate regulations concerning nutrient content claims, generally, including the term ‘healthy’,” the agency said.

“We plan to solicit public comment on these issues in the near future.”

“Kind is pleased the FDA has changed its stance, but says its work won’t be done until the regulatory definition of healthy has been updated to align with modern science and dietary guidance,” the company said.


CFR - Code of Federal Regulations Title 21

The information on this page is current as of April 1 2020.

For the most up-to-date version of CFR Title 21, go to the Electronic Code of Federal Regulations (eCFR).

Subpart A - General Provisions

Sec. 101.13 Nutrient content claims - general principles.

(a) This section and the regulations in subpart D of this part apply to foods that are intended for human consumption and that are offered for sale, including conventional foods and dietary supplements.

(b) A claim that expressly or implicitly characterizes the level of a nutrient of the type required to be in nutrition labeling under § 101.9 or under § 101.36 (that is, a nutrient content claim) may not be made on the label or in labeling of foods unless the claim is made in accordance with this regulation and with the applicable regulations in subpart D of this part or in part 105 or part 107 of this chapter.

(1) An expressed nutrient content claim is any direct statement about the level (or range) of a nutrient in the food, e.g., "low sodium" or "contains 100 calories."

(2) An implied nutrient content claim is any claim that:

(i) Describes the food or an ingredient therein in a manner that suggests that a nutrient is absent or present in a certain amount (e.g., "high in oat bran") or

(ii) Suggests that the food, because of its nutrient content, may be useful in maintaining healthy dietary practices and is made in association with an explicit claim or statement about a nutrient (e.g., "healthy, contains 3 grams (g) of fat").

(3) Except for claims regarding vitamins and minerals described in paragraph (q)(3) of this section, no nutrient content claims may be made on food intended specifically for use by infants and children less than 2 years of age unless the claim is specifically provided for in parts 101, 105, or 107 of this chapter.

(4) Reasonable variations in the spelling of the terms defined in part 101 and their synonyms are permitted provided these variations are not misleading (e.g., "hi" or "lo").

(5) For dietary supplements, claims for calories, fat, saturated fat, and cholesterol may not be made on products that meet the criteria in § 101.60(b)(1) or (b)(2) for "calorie free" or "low calorie" claims, except, in the case of calorie claims, when an equivalent amount of a similar dietary supplement (e.g., another protein supplement) that the labeled food resembles and for which it substitutes, normally exceeds the definition for "low calorie" in § 101.60(b)(2).

(c) Information that is required or permitted by § 101.9 or § 101.36, as applicable, to be declared in nutrition labeling, and that appears as part of the nutrition label, is not a nutrient content claim and is not subject to the requirements of this section. If such information is declared elsewhere on the label or in labeling, it is a nutrient content claim and is subject to the requirements for nutrient content claims.

(d) A "substitute" food is one that may be used interchangeably with another food that it resembles, i.e., that it is organoleptically, physically, and functionally (including shelf life) similar to, and that it is not nutritionally inferior to unless it is labeled as an "imitation."

(1) If there is a difference in performance characteristics that materially limits the use of the food, the food may still be considered a substitute if the label includes a disclaimer adjacent to the most prominent claim as defined in paragraph (j)(2)(iii) of this section, informing the consumer of such difference (e.g., "not recommended for frying").

(2) This disclaimer shall be in easily legible print or type and in a size no less than that required by § 101.7(i) for the net quantity of contents statement, except where the size of the claim is less than two times the required size of the net quantity of contents statement, in which case the disclaimer shall be no less than one-half the size of the claim but no smaller than one-sixteenth of an inch, unless the package complies with § 101.2(c)(5), in which case the disclaimer may be in type of not less than one thirty-second of an inch.

(e)(1) Because the use of a "free" or "low" claim before the name of a food implies that the food differs from other foods of the same type by virtue of its having a lower amount of the nutrient, only foods that have been specially processed, altered, formulated, or reformulated so as to lower the amount of the nutrient in the food, remove the nutrient from the food, or not include the nutrient in the food, may bear such a claim (e.g., "low sodium potato chips").

(2) Any claim for the absence of a nutrient in a food, or that a food is low in a nutrient when the food has not been specially processed, altered, formulated, or reformulated to qualify for that claim shall indicate that the food inherently meets the criteria and shall clearly refer to all foods of that type and not merely to the particular brand to which the labeling attaches (e.g., "corn oil, a sodium-free food").

(f) A nutrient content claim shall be in type size no larger than two times the statement of identity and shall not be unduly prominent in type style compared to the statement of identity.

(h)(1) If a food, except a meal product as defined in § 101.13(l), a main dish product as defined in § 101.13(m), or food intended specifically for use by infants and children less than 2 years of age, contains more than 13.0 g of fat, 4.0 g of saturated fat, 60 milligrams (mg) of cholesterol, or 480 mg of sodium per reference amount customarily consumed, per labeled serving, or, for a food with a reference amount customarily consumed of 30 g or less or 2 tablespoons or less, per 50 g (for dehydrated foods that must be reconstituted before typical consumption with water or a diluent containing an insignificant amount, as defined in § 101.9(f)(1), of all nutrients per reference amount customarily consumed, the per 50 g criterion refers to the "as prepared" form), then that food must bear a statement disclosing that the nutrient exceeding the specified level is present in the food as follows: "See nutrition information for __ content" with the blank filled in with the identity of the nutrient exceeding the specified level, e.g., "See nutrition information for fat content."

(2) If a food is a meal product as defined in § 101.13(l), and contains more than 26 g of fat, 8.0 g of saturated fat, 120 mg of cholesterol, or 960 mg of sodium per labeled serving, then that food must disclose, in accordance with the requirements as provided in paragraph (h)(1) of this section, that the nutrient exceeding the specified level is present in the food.

(3) If a food is a main dish product as defined in § 101.13(m), and contains more than 19.5 g of fat, 6.0 g of saturated fat, 90 mg of cholesterol, or 720 mg of sodium per labeled serving, then that food must disclose, in accordance with the requirements as provided in paragraph (h)(1) of this section, that the nutrient exceeding the specified level is present in the food.

(4)(i) The disclosure statement "See nutrition information for __ content" shall be in easily legible boldface print or type, in distinct contrast to other printed or graphic matter, and in a size no less than that required by § 101.7(i) for the net quantity of contents statement, except where the size of the claim is less than two times the required size of the net quantity of contents statement, in which case the disclosure statement shall be no less than one-half the size of the claim but no smaller than one-sixteenth of an inch, unless the package complies with § 101.2(c)(2), in which case the disclosure statement may be in type of not less than one thirty-second of an inch.

(ii) The disclosure statement shall be immediately adjacent to the nutrient content claim and may have no intervening material other than, if applicable, other information in the statement of identity or any other information that is required to be presented with the claim under this section (e.g., see paragraph (j)(2) of this section) or under a regulation in subpart D of this part (e.g., see §§ 101.54 and 101.62). If the nutrient content claim appears on more than one panel of the label, the disclosure statement shall be adjacent to the claim on each panel except for the panel that bears the nutrition information where it may be omitted.

(iii) If a single panel of a food label or labeling contains multiple nutrient content claims or a single claim repeated several times, a single disclosure statement may be made. The statement shall be adjacent to the claim that is printed in the largest type on that panel.

(i) Except as provided in § 101.9 or § 101.36, as applicable, or in paragraph (q)(3) of this section, the label or labeling of a product may contain a statement about the amount or percentage of a nutrient if:

(1) The use of the statement on the food implicitly characterizes the level of the nutrient in the food and is consistent with a definition for a claim, as provided in subpart D of this part, for the nutrient that the label addresses. Such a claim might be, "less than 3 g of fat per serving"

(2) The use of the statement on the food implicitly characterizes the level of the nutrient in the food and is not consistent with such a definition, but the label carries a disclaimer adjacent to the statement that the food is not "low" in or a "good source" of the nutrient, such as "only 200 mg sodium per serving, not a low sodium food." The disclaimer must be in easily legible print or type and in a size no less than that required by § 101.7(i) for the net quantity of contents statement except where the size of the claim is less than two times the required size of the net quantity of contents statement, in which case the disclaimer shall be no less than one-half the size of the claim but no smaller than one-sixteenth of an inch unless the package complies with § 101.2(c)(5), in which case the disclaimer may be in type of not less less than one thirty-second of an inch, or

(3) The statement does not in any way implicitly characterize the level of the nutrient in the food and it is not false or misleading in any respect (e.g., "100 calories" or "5 grams of fat"), in which case no disclaimer is required.

(4) "Percent fat free" claims are not authorized by this paragraph. Such claims shall comply with § 101.62(b)(6).

(j) A food may bear a statement that compares the level of a nutrient in the food with the level of a nutrient in a reference food. These statements shall be known as "relative claims" and include "light," "reduced," "less" (or "fewer"), and "more" claims.

(1) To bear a relative claim about the level of a nutrient, the amount of that nutrient in the food must be compared to an amount of nutrient in an appropriate reference food as specified below.

(i)(A) For "less" (or "fewer") and "more" claims, the reference food may be a dissimilar food within a product category that can generally be substituted for one another in the diet (e.g., potato chips as reference for pretzels, orange juice as a reference for vitamin C tablets) or a similar food (e.g., potato chips as reference for potato chips, one brand of multivitamin as reference for another brand of multivitamin).

(B) For "light," "reduced," "added," "extra," "plus," "fortified," and "enriched" claims, the reference food shall be a similar food (e.g., potato chips as a reference for potato chips, one brand of multivitamin for another brand of multivitamin), and

(ii)(A) For "light" claims, the reference food shall be representative of the type of food that includes the product that bears the claim. The nutrient value for the reference food shall be representative of a broad base of foods of that type e.g., a value in a representative, valid data base an average value determined from the top three national (or regional) brands, a market basket norm or, where its nutrient value is representative of the food type, a market leader. Firms using such a reference nutrient value as a basis for a claim, are required to provide specific information upon which the nutrient value was derived, on request, to consumers and appropriate regulatory officials.

(B) For relative claims other than "light," including "less" and "more" claims, the reference food may be the same as that provided for "light" in paragraph (j)(1)(ii)(A) of this section, or it may be the manufacturer's regular product, or that of another manufacturer, that has been offered for sale to the public on a regular basis for a substantial period of time in the same geographic area by the same business entity or by one entitled to use its trade name. The nutrient values used to determine the claim when comparing a single manufacturer's product to the labeled product shall be either the values declared in nutrition labeling or the actual nutrient values, provided that the resulting label is internally consistent to (i.e., that the values stated in the nutrition information, the nutrient values in the accompanying information and the declaration of the percentage of nutrient by which the food has been modified are consistent and will not cause consumer confusion when compared), and that the actual modification is at least equal to the percentage specified in the definition of the claim.

(2) For foods bearing relative claims:

(i) The label or labeling must state the identity of the reference food and the percentage (or fraction) of the amount of the nutrient in the reference food by which the nutrient in the labeled food differs (e.g., "50 percent less fat than (reference food)" or "1/3 fewer calories than (reference food)"),

(ii) This information shall be immediately adjacent to the most prominent claim. The type size shall be in accordance with paragraph (h)(4)(i) of this section.

(iii) The determination of which use of the claim is in the most prominent location on the label or labeling will be made based on the following factors, considered in order:

(A) A claim on the principal display panel adjacent to the statement of identity

(B) A claim elsewhere on the principal display panel

(C) A claim on the information panel or

(D) A claim elsewhere on the label or labeling.

(iv) The label or labeling must also bear:

(A) Clear and concise quantitative information comparing the amount of the subject nutrient in the product per labeled serving with that in the reference food and

(B) This statement shall appear adjacent to the most prominent claim or to the nutrition label, except that if the nutrition label is on the information panel, the quantitative information may be located elsewhere on the information panel in accordance with § 101.2.

(3) A relative claim for decreased levels of a nutrient may not be made on the label or in labeling of a food if the nutrient content of the reference food meets the requirement for a "low" claim for that nutrient (e.g., 3 g fat or less).

(k) The term "modified" may be used in the statement of identity of a food that bears a relative claim that complies with the requirements of this part, followed immediately by the name of the nutrient whose content has been altered (e.g., "Modified fat cheesecake"). This statement of identity must be immediately followed by the comparative statement such as "Contains 35 percent less fat than ___." The label or labeling must also bear the information required by paragraph (j)(2) of this section in the manner prescribed.

(l) For purposes of making a claim, a "meal product shall be defined as a food that:

(1) Makes a major contribution to the total diet by:

(i) Weighing at least 10 ounces (oz) per labeled serving and

(ii) Containing not less than three 40-g portions of food, or combinations of foods, from two or more of the following four food groups, except as noted in paragraph (l)(1)(ii)(E) of this section.

(A) Bread, cereal, rice, and pasta group

(B) Fruits and vegetables group

(C) Milk, yogurt, and cheese group

(D) Meat, poultry, fish, dry beans, eggs, and nuts group except that

(E) These foods shall not be sauces (except for foods in the above four food groups that are in the sauces), gravies, condiments, relishes, pickles, olives, jams, jellies, syrups, breadings or garnishes and

(2) Is represented as, or is in a form commonly understood to be, a breakfast, lunch, dinner, or meal. Such representations may be made either by statements, photographs, or vignettes.

(m) For purposes of making a claim, a "main dish product" shall be defined as a food that:

(1) Makes a major contribution to a meal by

(i) Weighing at least 6 oz per labeled serving and

(ii) Containing not less than 40 g of food, or combinations of foods, from each of at least two of the following four food groups, except as noted in paragraph (m)(1)(ii)(E) of this section.

(A) Bread, cereal, rice, and pasta group

(B) Fruits and vegetables group

(C) Milk, yogurt, and cheese group

(D) Meat, poultry, fish, dry beans, eggs, and nuts groups except that:

(E) These foods shall not be sauces (except for foods in the above four food groups that are in the sauces) gravies, condiments, relishes, pickles, olives, jams, jellies, syrups, breadings, or garnishes and

(2) Is represented as, or is in a form commonly understood to be, a main dish (e.g, not a beverage or a dessert). Such representations may be made either by statements, photographs, or vignettes.

(n) Nutrition labeling in accordance with § 101.9, § 101.10, or § 101.36, as applicable, shall be provided for any food for which a nutrient content claim is made.

(o) Except as provided in § 101.10, compliance with requirements for nutrient content claims in this section and in the regulations in subpart D of this part, will be determined using the analytical methodology prescribed for determining compliance with nutrition labeling in § 101.9.

(p)(1) Unless otherwise specified, the reference amount customarily consumed set forth in § 101.12(b) through (f) shall be used in determining whether a product meets the criteria for a nutrient content claim. If the serving size declared on the product label differs from the reference amount customarily consumed, and the amount of the nutrient contained in the labeled serving does not meet the maximum or minimum amount criterion in the definition for the descriptor for that nutrient, the claim shall be followed by the criteria for the claim as required by § 101.12(g) (e.g., "very low sodium, 35 mg or less per 240 milliliters (8 fl oz.)").

(2) The criteria for the claim shall be immediately adjacent to the most prominent claim in easily legible print or type and in a size in accordance with paragraph (h)(4)(i) of this section.

(q) The following exemptions apply:

(1) Nutrient content claims that have not been defined by regulation and that are contained in the brand name of a specific food product that was the brand name in use on such food before October 25, 1989, may continue to be used as part of that brand name for such product, provided that they are not false or misleading under section 403(a) of the Federal Food, Drug, and Cosmetic Act (the act). However, foods bearing such claims must comply with section 403(f), (g), and (h) of the act

(2) A soft drink that used the term diet as part of its brand name before October 25, 1989, and whose use of that term was in compliance with § 105.66 of this chapter as that regulation appeared in the Code of Federal Regulations on that date, may continue to use that term as part of its brand name, provided that its use of the term is not false or misleading under section 403(a) of the act. Such claims are exempt from the requirements of section 403(r)(2) of the act (e.g., the disclosure statement also required by § 101.13(h)). Soft drinks marketed after October 25, 1989, may use the term "diet" provided they are in compliance with the current § 105.66 of this chapter and the requirements of § 101.13.

(3)(i) A statement that describes the percentage of a vitamin or mineral in the food, including foods intended specifically for use by infants and children less than 2 years of age, in relation to a Reference Daily Intake (RDI) as defined in § 101.9 may be made on the label or in labeling of a food without a regulation authorizing such a claim for a specific vitamin or mineral unless such claim is expressly prohibited by regulation under section 403(r)(2)(A)(vi) of the act.

(ii) Percentage claims for dietary supplements. Under section 403(r)(2)(F) of the act, a statement that characterizes the percentage level of a dietary ingredient for which a reference daily intake (RDI) or daily reference value (DRV) has not been established may be made on the label or in labeling of dietary supplements without a regulation that specifically defines such a statement. All such claims shall be accompanied by any disclosure statement required under paragraph (h) of this section.

(A) Simple percentage claims. Whenever a statement is made that characterizes the percentage level of a dietary ingredient for which there is no RDI or DRV, the statement of the actual amount of the dietary ingredient per serving shall be declared next to the percentage statement (e.g., "40 percent omega-3 fatty acids, 10 mg per capsule").

(B) Comparative percentage claims. Whenever a statement is made that characterizes the percentage level of a dietary ingredient for which there is no RDI or DRV and the statement draws a comparison to the amount of the dietary ingredient in a reference food, the reference food shall be clearly identified, the amount of that food shall be identified, and the information on the actual amount of the dietary ingredient in both foods shall be declared in accordance with paragraph (j)(2)(iv) of this section (e.g., "twice the omega-3 fatty acids per capsule (80 mg) as in 100 mg of menhaden oil (40 mg)").

(4) The requirements of this section do not apply to:

(i) Infant formulas subject to section 412(h) of the act and

(ii) Medical foods defined by section 5(b) of the Orphan Drug Act.

(5) A nutrient content claim used on food that is served in restaurants or other establishments in which food is served for immediate human consumption or which is sold for sale or use in such establishments shall comply with the requirements of this section and the appropriate definition in subpart D of this part, except that:

(i) Such claim is exempt from the requirements for disclosure statements in paragraph (h) of this section and §§ 101.54(d), 101.62(c), (d)(1)(ii)(D), (d)(2)(iii)(C), (d)(3), (d)(4)(ii)(C), and (d)(5)(ii)(C) and

(ii) In lieu of analytical testing, compliance may be determined using a reasonable basis for concluding that the food that bears the claim meets the definition for the claim. This reasonable basis may derive from recognized data bases for raw and processed foods, recipes, and other means to compute nutrient levels in the foods or meals and may be used provided reasonable steps are taken to ensure that the method of preparation adheres to the factors on which the reasonable basis was determined (e.g., types and amounts of ingredients, cooking temperatures, etc.). Firms making claims on foods based on this reasonable basis criterion are required to provide to appropriate regulatory officials on request the specific information on which their determination is based and reasonable assurance of operational adherence to the preparation methods or other basis for the claim and

(iii) A term or symbol that may in some contexts constitute a claim under this section may be used, provided that the use of the term or symbol does not characterize the level of a nutrient, and a statement that clearly explains the basis for the use of the term or symbol is prominently displayed and does not characterize the level of a nutrient. For example, a term such as "lite fare" followed by an asterisk referring to a note that makes clear that in this restaurant "lite fare" means smaller portion sizes than normal or an item bearing a symbol referring to a note that makes clear that this item meets the criteria for the dietary guidance established by a recognized dietary authority would not be considered a nutrient content claim under § 101.13.

(6) Nutrient content claims that were part of the common or usual names of foods that were subject to a standard of identity on November 8, 1990, are not subject to the requirements of paragraphs (b) and (h) of this section or to definitions in subpart D of this part.

(7) Implied nutrient content claims may be used as part of a brand name, provided that the use of the claim has been authorized by the Food and Drug Administration. Petitions requesting approval of such a claim may be submitted under § 101.69(o).

(8) The term fluoridated, fluoride added or with added fluoride may be used on the label or in labeling of bottled water that contains added fluoride.


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KIND Petitions FDA to Change Nutrition Label Regulation - Recipes

  • KIND urges the U.S. Food & Drug Administration to bring food regulations up to date with current science to recognize nutrient-dense foods as “healthy.”
  • Current regulations, introduced 20+ years ago, do not permit foods like almonds, avocados or salmon from using the term “healthy” as a nutrient content claim because of these foods’ inherent dietary fat content, despite being recommended for increased consumption in federal dietary guidelines and by leading health and nutrition experts.
  • Food policy effort is supported by a number of the world’s foremost authorities in nutrition and public health.

NEW YORK (December 1, 2015) – KIND, with support from leading nutrition, public health and public policy experts, is urging the U.S. Food & Drug Administration (FDA) to update its regulations around the term healthy when used as a nutrient content claim in food labeling. Today, the company filed a Citizen Petition with the goal of addressing outdated regulations, as well as helping to ensure that the public receive sound and consistent guidance about nutrition.

The petition requests better alignment between food labeling regulations, the latest nutrition science and federal dietary guidelines. The petition reflects broad support within the food science and nutrition community to call attention to the importance of eating real foods made with wholesome and nutrient-rich ingredients as part of a healthy diet.

Defining “Healthy”
Currently, the FDA mandates that the term healthy only be used as a nutrient content claim to describe foods that contain 3g or less total fat and 1g or less of saturated fat per serving, with the exception of fish and meat, which are required by the regulation to have 5g or less total fat and 2g or less saturated fat per serving. Today’s regulations preclude nutrient-rich foods such as nuts, avocados, olives and salmon from using the term healthy as a nutrient content claim.

“KIND, with the support from top global nutrition and public health experts, is respectfully urging the FDA to update its current regulations surrounding the use of the word healthy as a nutrient content claim. Our goal is to highlight the importance of following a healthy diet that includes foods made with wholesome and nutrient-dense ingredients,” said Daniel Lubetzky, Founder and CEO of KIND.

“The current regulations were created with the best intentions when the available science supported dietary recommendations limiting total fat intake. However, current science tells us that the unsaturated fats in nutrient-dense foods like nuts, seeds and certain fish are beneficial to overall health,” continued Lubetzky.

Encouraging Better Diets
In addition to requesting updates to the current nutrient content claim regulations, KIND is also asking the FDA to implement a framework for regulating dietary guidance statements. Dietary guidance statements are different from nutrient content claims and would provide simple communications about the overall nutritional benefits of a food as part of a healthy diet. One example of a dietary guidance statement could be “eating nuts has been shown to be part of a healthy diet”.

The idea of using dietary guidance statements to educate consumers is not a new concept. The 2003 final report from the Task Force for the Consumer Health Information for Better Nutrition Initiative (CHIBNI) encouraged the use of information on general dietary patterns, practices, and recommendations that promote health. “Such general guidance can help encourage better nutrition,” the Task Force concluded in its final report.

“Educating consumers about key components of a healthful diet is essential for public health and I am proud to support KIND as they launch this effort,” said David Katz, MD, MPH, FACPM, FACP, Director of the Yale University Prevention Research Center and Senior Nutrition Advisor to KIND.

“Unfortunately, the current regulatory approach for food labeling claims limits the ability of food producers to tell consumers that products containing certain ingredients – such as nuts, whole grains, seafood, fruits, and vegetables – are healthy and are recommended as part of a beneficial diet,” Katz continued. “The changes KIND is requesting would facilitate such communication and help Americans better understand how to choose nutritious foods more often.”

Today, regulations require that the majority of foods featuring a healthy nutrient content claim meet “low fat” and “low saturated fat” standards regardless of their nutrient density. Under current regulations, foods such as certain fat-free puddings and sugary cereals have the ability to use the word healthy as a nutrient content claim on their labels. This regulation, along with other federal standards that focus specifically on dietary fat, has caused food manufacturers to market products that are low in fat, but otherwise lack any nutrient density. The below chart provides a few examples of what foods do and do not meet qualifications for healthy labeling under this regulation.

Collaborating For Change
In drafting the petition, KIND sought support and advice from leading nutrition experts. Below are some of the individuals and organizations who have signed or authored letters of support for the food policy changes brought forth by KIND‘s Citizen Petition:

Sara Baer-Sinnott, Oldways David Katz*, MD, MPH, FACPM, FACP
Jeff Blumberg, PhD James Painter, PhD, RD
Connie Diekman, MEd, RD, LD, FADA Mike Roussell, PhD
Mark Hyman, MD Meir Stampfer, MD, DrPH
David Jenkins, MD, PhD, DSc Walter Willett, PhD
Wahida Karmally, DrPH, RD, CDE, CLS Kathleen Zelman, MPH, RD

*Senior Nutrition Advisor for KIND

About KIND Healthy Snacks

Since its founding in 2004, KIND has been on a mission to make the world a little kinder one snack and one act at a time.

KIND’s snacks are made from delicious, wholesome ingredients, are gluten free and are made from non-genetically engineered ingredients. KIND currently offers seven different snack lines including: KIND ® Fruit & Nut and KIND ® PLUS, two lines of delicious whole nut & fruit bars KIND ® Nuts & Spices, a line of whole nut & spice bars that have 5g of sugar or less KIND Healthy Grains ® Clusters, delicious blends of five super grains KIND Healthy Grains ® Bars, a line of crunchy and chewy granola bars and STRONG & KIND ® , a line of bold, savory bars featuring 10g of protein. KIND’s newest innovation – KIND ® BREAKFAST – are soft baked with a crispy outside, providing sustained energy from whole grains.

Through its social mission – known as the KIND Movement – KIND, together with its community, is committed to inspiring kindness through acts big and small. It fulfills this commitment through programming like KIND Causes, which helps people bring their socially-impactful ideas to life with monthly grants.


FDA allows ingredient swaps without label changes

During the coronavirus pandemic, the FDA has been responsive to the needs of the food industry as it tries to navigate a new normal where demand is high and manufacturing is continuing at full speed.

New regulations that have come down in the last few months include those allowing eggs and other items intended for foodservice to be sold at retail without having to make labeling changes. While products are getting to consumers in slightly unfamiliar packages, these regulations have helped reallocate food to consumers shopping in grocery stores as restaurant dining rooms and cafeterias have shut down en masse to slow the spread of the virus. A quick explanation to consumers is generally sufficient for them to understand why it's needed.

This regulatory change, however, has already set off warning bells among some consumers. While the FDA likely intended this as an opportunity to help manufacturers keep their factories rolling, the fact that it came out on the Friday before a long holiday weekend and allows for ingredient changes without label changes could make consumers think that regulators — and food manufacturers — have something to hide.

A plain reading of the guidance basically shows that the regulations only allow manufacturers to make swaps that many consumers might not care about or even notice — like unbleached flour for bleached flour, or leaving green peppers out of a quiche that contains four other vegetables. The FDA notes this is necessary because the pandemic has strained supply chains everywhere, and specific ingredients may see shortages as time goes on. This guidance doesn't allow a manufacturer to make big changes, like leaving raisins out of cinnamon raisin bread, or swapping alternative flours for whole wheat in a muffin recipe.

However, these new regulations don't require any public disclosure of these changes. This is the kind of regulation that makes consumers less apt to trust food companies. According to a 2018 study from the Center for Food Integrity, only a third of consumers said they strongly agreed the food they ate was safe, and only 44% had a positive opinion of food manufacturing. In 2019, three out of four consumers said they would switch brands to one that provides more in-depth product information beyond what's on the label, according to a study by Label Insight and the Food Industry Association.

As more food companies have embraced transparency, opinions have shifted somewhat. And as consumers are now much more aware of the dedicated work that is going into making their food, 78% said they are confident that the food they are buying is safe, according to a recent study from the International Food Information Council.

While manufacturers cannot control the fact that the FDA put out the regulations on a day that consumers would be less likely to be aware of them, they can control the way they are utilized. Instead of just making a swap in the factory, manufacturers could publicize the changes on social media, their brand website, by information displayed at the point of sale or through stickers on packaging alerting consumers of a potential change.

Consumers are more likely to be understanding about changes as long as they are informed. And highly sensitive consumers, including those with food allergies, will continue to place trust in the brands that take care to let them know that manufacturing practices during the pandemic will keep them safe — or that temporary changes may result in new risks.

Recommended Reading:


CFR - Code of Federal Regulations Title 21

The information on this page is current as of April 1 2020.

For the most up-to-date version of CFR Title 21, go to the Electronic Code of Federal Regulations (eCFR).

Subpart A - General Provisions
§ 101.1 - Principal display panel of package form food.
§ 101.2 - Information panel of package form food.
§ 101.3 - Identity labeling of food in packaged form.
§ 101.4 - Food designation of ingredients.
§ 101.5 - Food name and place of business of manufacturer, packer, or distributor.
§ 101.7 - Declaration of net quantity of contents.
§ 101.8 - Vending machines.
§ 101.9 - Nutrition labeling of food.
§ 101.10 - Nutrition labeling of restaurant foods whose labels or labeling bear nutrient content claims or health claims.
§ 101.11 - Nutrition labeling of standard menu items in covered establishments.
§ 101.12 - Reference amounts customarily consumed per eating occasion.
§ 101.13 - Nutrient content claims - general principles.
§ 101.14 - Health claims: general requirements.
§ 101.15 - Food prominence of required statements.
§ 101.17 - Food labeling warning, notice, and safe handling statements.
§ 101.18 - Misbranding of food.

Subpart B - Specific Food Labeling Requirements
§ 101.22 - Foods labeling of spices, flavorings, colorings and chemical preservatives.
§ 101.30 - Percentage juice declaration for foods purporting to be beverages that contain fruit or vegetable juice.

Subpart C - Specific Nutrition Labeling Requirements and Guidelines
§ 101.36 - Nutrition labeling of dietary supplements.
§ 101.42 - Nutrition labeling of raw fruit, vegetables, and fish.
§ 101.43 - Substantial compliance of food retailers with the guidelines for the voluntary nutrition labeling of raw fruit, vegetables, and fish.
§ 101.44 - What are the 20 most frequently consumed raw fruits, vegetables, and fish in the United States?
§ 101.45 - Guidelines for the voluntary nutrition labeling of raw fruits, vegetables, and fish.

Subpart D - Specific Requirements for Nutrient Content Claims
§ 101.54 - Nutrient content claims for "good source," "high," "more," and "high potency."
§ 101.56 - Nutrient content claims for "light" or "lite."
§ 101.60 - Nutrient content claims for the calorie content of foods.
§ 101.61 - Nutrient content claims for the sodium content of foods.
§ 101.62 - Nutrient content claims for fat, fatty acid, and cholesterol content of foods.
§ 101.65 - Implied nutrient content claims and related label statements.
§ 101.67 - Use of nutrient content claims for butter.
§ 101.69 - Petitions for nutrient content claims.

Subpart E - Specific Requirements for Health Claims
§ 101.70 - Petitions for health claims.
§ 101.71 - Health claims: claims not authorized.
§ 101.72 - Health claims: calcium, vitamin D, and osteoporosis.
§ 101.73 - Health claims: dietary lipids and cancer.
§ 101.74 - Health claims: sodium and hypertension.
§ 101.75 - Health claims: dietary saturated fat and cholesterol and risk of coronary heart disease.
§ 101.76 - Health claims: fiber-containing grain products, fruits, and vegetables and cancer.
§ 101.77 - Health claims: fruits, vegetables, and grain products that contain fiber, particularly soluble fiber, and risk of coronary heart disease.
§ 101.78 - Health claims: fruits and vegetables and cancer.
§ 101.79 - Health claims: Folate and neural tube defects.
§ 101.80 - Health claims: dietary noncariogenic carbohydrate sweeteners and dental caries.
§ 101.81 - Health claims: Soluble fiber from certain foods and risk of coronary heart disease (CHD).
§ 101.82 - Health claims: Soy protein and risk of coronary heart disease (CHD).
§ 101.83 - Health claims: plant sterol/stanol esters and risk of coronary heart disease (CHD).

Subpart G - Exemptions From Food Labeling Requirements
§ 101.100 - Food exemptions from labeling.
§ 101.108 - Temporary exemptions for purposes of conducting authorized food labeling experiments.


Some KIND Bars Not So Healthy, FDA Says

FDA warns some KIND bars don't meet standards to bear "healthy" label.

Kind Bars Under Fire for 'Healthy' Label

— -- KIND says it's fruit and nut bars are "pretty much the nirvana of healthful tastiness" -- but it seems not all of their bars are healthy enough so to bear a "healthy" label, according to the Food and Drug Administration.

The FDA sent KIND Healthy Snacks a warning letter, stating that several of its bars -- Kind Fruit and Nut Almond and Apricot, Kind Fruit and Nut Almond and Coconut, Kind Plus Peanut Butter Dark Chocolate + Protein, and Kind Plus Dark Chocolate Cherry Cashew + Antioxidants -- bear labels that don't comply with FDA standards.

The FDA said that the company makes claims the bars are "healthy" "no trans fats" and "plus" without meeting the requirements to do so.

"However, none of your products listed above meet the requirements for use of the nutrient content claim 'healthy' that are set forth in [federal regulations.]," William Correll,, director of the FDA's Center for Food Safety and Applied Nutrition wrote in the warning letter dated March 17.

To claim that something is healthy, a food must have no more than 1 gram of saturated fat per serving and contain no more than 15 percent of its calories from saturated fat, the letter says.

The KIND bars contain between 2.5 and 5 times this amount of saturated fat per bar, according to the letter. The FDA also said KIND had other labeling problems, including the use of the word "plus," and said the 7-page letter was not meant to be an "all-inclusive list of violations."

KIND says it is working with the FDA and will change its labels, but not the recipes, said KIND spokesman Joe Cohen.

He said nuts were to blame for the labeling problem.

"Nuts, key ingredients in many of our snacks and one of the things that make fans love our bars, contain nutritious fats that exceed the amount allowed under the FDA's standard," Cohen said. "There is an overwhelming body of scientific evidence supporting that nuts are wholesome and nutritious. This is similar to other foods that do not meet the standard for use of the term healthy, but are generally considered to be good for you like avocados, salmon and eggs. Our team at KIND is fully committed to working alongside the FDA, and we’re moving quickly to comply with its request."

KIND violated the FDA's longstanding labeling rules, which are intended to protect consumers, said Toni Marinucci, a registered dietitian and nutritionist at Staten Island University Hospital.

"If it says 'healthy,' a person doesn't necessarily read the whole nutrition facts label and is just quick to grab," Marinucci said.


Require NJ supermarkets to separate and donate excess food to charity organizations

For months, with friends and volunteers in our School district (Allendale, Saddle River, Upper Saddle River and Ho-Ho-Kus) in New Jersey, we have requested donations of excess food from several local supermarkets to distribute to people facing food insecurity. We registered as a Nonprofit to gain credibility and gave our group a name: FrontLine Teens, because we put our group and ideas together when the Covid-19 pandemic hit and its devastating effects on our economy and society became overwhelming. We believe Teenagers can help society overcome crisis and should be fighting on the “front Line”.

Sadly, all our requests for donations of excess food from supermarkets were denied with the same abrupt response: Supermarkets can’t donate their excess food it needs to be destroyed and disposed for liability reasons.

One supermarket manager was kind enough to spend a few minutes with us and explain how they have to take great measures to destroy their excess food, like dumping chlorine on it to prevent lawsuits Armed with printed materials from The Public Health Law Center, explaining the Bill Emerson Good Samaritan Food Donation Act, and the State and Federal laws protecting food donors from potential liability, we went to talk to more supermarkets, but the information provided didn't make any difference. They all knew about Good Samaritan Laws, but they also knew, they could still be taken to court and the risk of a lawsuits is much greater than any possible benefit of giving us their unsellable or ugly food. To them, it wasn’t worth the risk. Supermarkets have an elaborate system in place designed to ensure compliance with state and federal regulations on top of their own company policy. They can not just break that system without another system in place.

The main hurdle lays in the lack of federal or state guidance on how to safety conduct donations. Even if a grocery store manager would decide to trust the protection from Good Samaritan Laws and make a donation, he would be in the uncertain territory from what can be included or how to transport donations, to whether food needs to be kept cold and how interpreting best-by dates. He would be basically inventing his own policy at his own risk! To this day, we haven’t been able to convince any supermarkets to donate any excess products to us. Our request is for ugly or imperfect apples, oranges, tangerines or pears, or any kind of single packed snacks or juices to add to the paper bag lunches we prepare for the homeless every other week. Large amounts of their food goes straight to the garbage can all due to the lack of a procedure for supermarkets to follow if donating foods.

We have read extensively about the efforts supermarkets and the government are taking on the road to prevent food waste, but in reality: SUPERMARKETS DUMP HUNDREDS OF POUNDS OF EDIBLE FOOD ON A REGULAR BASIS! Every day efforts are delayed, donations that could go to feed the hungry go to waste by the Ton. According to Feeding America, every year, more than 43 billion pounds of food from grocery stores get thrown away. Fear of lawsuits, due to vague laws and nonexistent regulations prevent food from being donated to people in need.

Our petition: 1. WE NEED NEW JERSEY’S GOVERNMENT TO APPOINT OR CREATE A REGULATORY AGENCY (Possibly the NJ department of health) TO GUIDE BUSINESSES IN TERMS OF FOOD WASTE. 2. SAID AGENCY SHOULD IMPLEMENT GUIDANCE ABOUT HOW FOOD RETAILERS SHOULD SAFELY HANDLE THE PROCESS OF DONATING AND ENFORCE COMPLIANCE. 3. REQUIRE EVERY SUPERMARKET TO PARTNER WITH A CHARITY ORGANIZATION AND HAVE A SENSIBLE SYSTEM IN PLACE TO ELIMINATE FOOD WASTE AND DONATE EXCESS FOOD TO HELP FEED THE PEOPLE IN NEED AS PART OF REGULAR OPERATIONS. 4. NEW JERSEY’S GOVERNMENT SHOULD OFFER ADDITIONAL TAX INCENTIVES BEYOND FEDERAL INCENTIVES TO COMPENSATE FOR THE INCREASE OF COSTS AND RESOURCES DEDICATED TO DONATIONS.

We Need a Law requiring all supermarkets to donate and recycle their unsold products in order to help mitigate both, food waste and food insecurity. On April 14th, and after 6 years of discussions, Murphy signed bill A2371 into Law requiring large food waste generators to separate and recycle food waste instead of sending it to landfills. We believe this law was the first step to ensure change in the way food waste is handled. However, it is disappointing that this law doesn’t include anything about donations, especially since similar Legislation in other states are already requiring supermarkets to donate their food.

Supermarkets are private owned business they can buy whatever amount of food they want and do whatever they want with their inventory they manage their operations and products in whatever way better fit their business. All of that is fair, and we all want supermarket owners to be successful in order to generate more jobs and support the economy. However, we are talking about food here. Food has a vital component that must be addressed as soon as possible! Food retailers carry a social responsibility beyond their business operations. Food is humanity’s most basic necessity It has a value beyond its business value and it should be measured in units beyond a price tag.

The Food and Drug Administration (FDA), the US Department of Agriculture (USDA), the Environmental Protection Agency (EPA), The New Jersey Department of Health (NJDOH), and several other agencies are in charge of regulating and ensuring food safety for human consumption. They regulate how food should be manipulated, processed, handled and distributed. So, why are they not regulating the process of food donations and food waste if those are certainly part of the food industry lifecycle? The FDA should also carry the responsibility of establishing standards, regulating and enforcing how and when edible food can be destroyed and these standards should be added to the FDA Food Code. We believe the value of food itself needs to be protected and donations of eatable food to charity should be included as mandatory in the system of dealing with food. Although supermarkets see price tags on the shelves, food to some people is the difference between eating anything at all.

New Jersey is proactive and compromised with reducing food waste and food insecurity and we are proud of all that has been accomplished and underway, but a determined legislative action is needed specifically to ensure edible food (unmarketable due to labeling, appearance or surplus) is separated from scraps and donated to charity as part of regular operations in supermarkets and large generators of food scraps.

Similar legislations in place:
Similar laws requiring and regulating excess food donations are already in place in other states New York recently passed legislation requiring: “Large generators of food scraps must: 1. Separate and donate edible food and 2. Separate and recycle all remaining food scraps if within 25 miles of an organics recycler”. UPDATE: New York State Department of Environmental Conservation (NYSDEC) filed a Notice of Proposed Rulemaking with the Department of State to add a new 6 NYCRR Part 350. This Impressive 12 pages proposed document includes all the guidance needed in order to conduct safe donations!
Why can New Jersey Health Department establish something similar in a simple an effective document to direct supermarkets in how to donate their excess food?
Another Example is France, worlds’ pioneer on legislating and regulating mandatory excess food donations. From them, we can confirm the law, in effect since 2016, have been successfully implemented and returns consistent positive results. The regulation mandates that supermarkets above

4,500 square feet sign an agreement with food assistance organizations to donate their excess edible, unsold products. According to this article published on Foodtank.com representatives of both food assistance organizations and supermarkets observed that donation quantities increased by approximately 30 percent in 2017, just one year after implementing the law.

Where do NJ's Legislation Stands:
In 2017 New Jersey passed legislation to establish food waste reduction goal of 50% by 2030. In 2019 Governor Murphy signed 10 bills designated to help battle the hunger in the state, including A4705, establishing the New Jersey Food Waste Task Force, tasked with implementing a food waste reduction plan and developing future actions towards sustainable and achievable food waste reduction. The draft of this plan clearly emphasizes the high importance of donations as they are the second tier of EPA’s Food Recovery Hierarchy, and reads “The New Jersey Department of Health has a role to educate and inform the public about this protections (God Samaritan Act) to remove liability as a perceived barrier to donating food” and “By educating institutions about liability protection, food donations may become a more frequent occurrence and considered a preferred solution instead of merely disposing of surplus food”. Law AJR174 also, passed in 2019, urges large food retailers in the state to reduce food waste.

We feel NJ Legislation in food waste is too passive and merely about educating, informing, urging and suggesting changes. We would like to see a legislation that takes control of the problem and enforce the necessary changes and we need the NJ department of health to do a little more to educate and inform! We need them to implement guidance about how food retailers should safely handle the process of donating and enforce compliance.

Why this legislation and changes are urgent?
We are in a critical time of the hunger crisis According to this study from Feeding America, Food insecurity affected more than 50 million Americans in 2020, an increase of 13 million since 2018. Much of this increase was due to job losses and the devastating economic effects from the COVID-19 pandemic. According to Community FoodBank of New Jersey, COVID-19’s Impact on Food Insecurity in New Jersey report, more than 1.2 million NJ residents are projected to be food insecure in 2020, with 431,000 newly food insecure last year.

UPDATE:
THANK YOU SO MUCH FOR ALL OF YOUR SUPPORT! TOGETHER WE CAN END FOOD WASTE AND FOOD INSECURITY!! THIS IS OUR WEBSITE, AND PLEASE FOLLOW US IN FACEBOOK, TWEETER AND INSTAGRAM!


Contents

Company founder Daniel Lubetzky founded KIND in 2004. [2] [3] KIND reached one million dollars of sales in the first year.

In 2008, private equity firm VMG Partners invested in KIND. [4] The investment enabled the company to scale its sampling efforts to get more people to try KIND bars. When VMG got involved, KIND bars were only sold in 20,000 locations and Lubetzky’s sampling budget was $800. [5] By 2009, that budget was $800,000 and offering free samples became a large part of the KIND marketing plan. [4] In 2014, Lubetzky bought out all of VMG’s shares. [6]

Today, KIND Bars are sold at more than 150,000 stores in the United States. [7] In 2014, they sold over 458 million bars and granola pouches, almost doubling the sales of 2013. [8] The company now has nearly five hundred employees. [1]

In 2017 Mars brand purchased a minority stake in KIND. The deal valuated the company at over $4 billion. In 2017 sales had reached $718.9 million. [9]

KIND acquired North Carolina-based Creative Snacks in October 2019. [10]

In February 2020 KIND launched an expansion into frozen bars, refrigerated nut-butter bars, and chocolate clusters. [10]

KIND movement Edit

Through the KIND Movement, KIND wants to create a thriving community of people who choose kindness and make kindness a state of mind. In the spirit of this movement, in 2009, KIND launched Do the KIND Thing, an evolving platform that empowers people to turn KIND acts into support for causes. [11] The KIND Movement includes KIND acts, #kindawesome cards, and KIND Causes. To date, KIND has performed, facilitated and celebrated over 1 million KIND acts and has been recognized by Time magazine as a "New Way to Make a Difference". [12]

Acquisition by Mars Edit

In November 2020, Mars, Incorporated announced that it would increase its minority position (acquired in 2017) to full ownership, in a deal worth $5 billion. [13] [14] [15]

KIND currently offers eight lines: KIND Fruit & Nut, KIND PLUS, KIND Nuts & Spices, KIND Healthy Grains Bars, KIND Healthy Grains Clusters, STRONG & KIND, KIND Breakfast, Pressed by KIND, and KIND Frozen (launched in May 2019).

In 2008, KIND launched KIND PLUS, a line of whole nut and fruit bars with nutrients like fiber and antioxidants.

In 2010, KIND launched smaller portioned, 100 calorie-range KIND minis. In 2011, KIND launched a line of KIND Healthy Grains Clusters granola, made from a blend of five super grains. In 2012, KIND brought in KIND Nuts & Spices, made with whole nuts flavored with spices that contain 5g of sugar or less per bar. In 2013, KIND launched a line of KIND Healthy Grains granola bars. In 2014, KIND launched its first savory snack line, STRONG & KIND, which has 10 grams of soy-and-whey free protein. [16] KIND also launched KIND Breakfast in 2016.

In 2016, at the Natural Products Expo West trade show, KIND announced an extension to their Nuts & Spices and Fruit & Nut lines, to now include Dark Chocolate Almond & Mint. [17]

Nutrition facts Edit

All KIND snacks are gluten-free, made from whole ingredients and low in sodium. Currently, their KIND Healthy Grains and KIND Healthy Grains Clusters are certified by the NON-GMO Project. [18]

All KIND bars range between 180-210 calories and have healthy fats and protein. The KIND Healthy Grains bars are 140-150 calories with 18 grams or more of whole grains per bar. STRONG & KIND bars are all 230 calories each with 10 grams of protein. [19] [20]

The FDA submitted a warning letter to the company in April 2015, which stated that four of its products did not meet the requirements to be labeled as “healthy.” [21] The KIND bars specified by the FDA were: Kind Fruit & Nut Almond & Apricot, Kind Fruit & Nut Almond & Coconut, Kind Plus Peanut Butter Dark Chocolate + Protein, and Kind Plus Dark Chocolate Cherry Cashew + Antioxidants. [22]

In December 2015, KIND filed a Citizen Petition asking the FDA to update its regulations around the term healthy when used as a nutrient content claim in food labeling. [23] The petition requests a better alignment between food labeling regulations and both the latest nutrition science and federal dietary guidelines. The petition includes support from public health experts, public policy experts and nutritionists. [23]

In May 2016, the FDA reversed its position, allowing KIND to use the term 'healthy' on its labels. The FDA told KIND that it could return to the original language of its wrappers which stated that its products are “healthy and tasty, convenient and wholesome, economically sustainable and socially impactful.” [24]

Without any notice, in 2019, Kind began replacing its Plus line of bars containing added antioxidants, such as vitamin C, with ones containing the same ingredients without the antioxidants while using the same product identification numbers. Vitamin C is fragile and often lost in the processing of otherwise healthy ingredients that normally contain it.