The Food and Drug Administration (FDA) has issued a ruling requiring that all food advertising in the U.S. must include disclosure that it is a “testimonials” or “advertising degree.”
The decision was made in response to a lawsuit filed by the Food Advertising Alliance, a trade group for food advertisers.
It was written by FDA commissioner Dr. David Kessler.
The agency said the practice is now “standard practice.”
But critics of the decision say it is unfair to those who don’t have a “food advertising degree.”
They say the agency is requiring food advertisers to pay to advertise with their logos on food packaging and on labels.
Some food marketers have even begun using advertising as a marketing tool to lure consumers to their sites.
They say their advertising doesn’t count as a “advertising education” and can even violate state laws.
The food industry argues that its advertising is voluntary and the FDA’s decision is simply an extension of the industry’s free speech rights.
The Food Advertising Federation of America (FAAFAA), which represents food advertisers, said it’s disappointed with the decision.
The FDA’s position is not consistent with the basic principles of a free-speech society, the association said in a statement.
“It is a slap in the face to consumers and consumers’ right to know what is in their food,” said FTC Commissioner David Kessler in a news release.
“The Food Advertising Association stands with consumers who want to know that they are getting the very best quality ingredients and products from the largest food companies.”
The Food Marketing Institute, a group that represents food companies, said in its own statement that it was pleased with the FDA decision.
“FDA’s decision will help assure that all Americans can purchase the foods and products they love without fear of price discrimination,” the group said.
It said it will seek a court order to enforce the ban on food advertising.
The industry is also suing the FDA over the issue.
The Federal Trade Commission, which oversees the FDA, said Thursday that it would look into whether the agency acted properly in the matter.
The lawsuit against the agency also comes as the FDA moves to repeal the law that requires food labels to include “advertising information.”
The agency’s Food and Drugs Administration is working on a rule that would exempt food labeling from labeling requirements, according to the FDA.
The ban on the labeling of foods and drinks is already in place in many states.
It’s not clear whether the FDA will repeal the labeling rule.
The ruling comes as food industry groups are lobbying Congress to overturn the Food and Advertising Board’s approval of a food labeling rule that they say is too restrictive.
The board was established in 1994 by Congress and is supposed to be a neutral agency that advises the Food & Drug Administration on the health risks of food additives.
The groups said the FDA is trying to “regulate food products to suit the needs of consumers and companies alike.”
The rule, which the FDA said was not a product of a study, was issued last year by the board’s Food, Drug and Cosmetic Board.
But the Food Association, a food industry trade group, and other critics say it fails to include the health effects of foods, which is what the FDA was tasked with doing.