Since 1990, FDA has permitted food companies to make “nutrient content claims.” Nutrient content claims are voluntary marketing claims about the amount of a recognized nutrient (including macronutrients such as fats and protein, and micronutrients such as vitamins and minerals) in a given serving of food. Food manufacturers are permitted to characterize their products as “high in,” “low in,” or “free” of various nutrients based on levels established by FDA with reference to levels of daily consumption (“daily values” or “DVs”). A nutrient content claim may be express (e.g., “low fat”) or implied, for example by claiming that a food contains an ingredient known to contain a particular nutrient (e.g., “high in oat bran” is an implied “good source of dietary fiber” claim).
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