Connecticut Attorney General's Office

Press Release

Attorney General Announces Smart Choices Freezes Program, But Concerns Continue

October 23, 2009

Attorney General Richard Blumenthal today said Smart Choices has frozen its program -- at least temporarily barring new products -- but continues to allow existing nutritionally suspect products to maintain the label.

Blumenthal said the move raises new questions about the program's validity, and urged food manufacturers to voluntarily cease using Smart Choices labels immediately.

Smart Choices publicly announced plans to suspend its program and stop inviting new products to adopt its Smart Choices label, apparently in response to concerns raised by Blumenthal's office and subsequently by the U.S. Food and Drug Administration (FDA).

Blumenthal said, "This move exacerbates concerns because Smart Choices has continued to allow existing products -- nutritionally suspect foods like mayonnaise, sugary cereals and ice cream -- to maintain the labels.

"This decision is a partial victory -- recognizing the problems, but failing to bar labels on existing nutritionally suspect foods. This acknowledgement underscores the irresponsibility of using the Smart Choices logo until our investigation and the FDA standards are complete.

"I urge all participating food manufacturers to voluntarily stop including the Smart Choices labels on their products. Continued use of these logos threatens to compound consumer confusion. We will continue to insist that Smart Choices provide the information that we have demanded -- and justify the smart in Smart Choices."

Blumenthal announced his Smart Choices investigation earlier this week, and raised questions about the scientific criteria used to conclude that mayonnaise and sugar-laden cereals are "Smart Choices."

A "Smart Choices" symbol now prominently appears on select food and beverage labels nationwide and claims to help guide consumer food choices.

Foods bearing the Smart Choices symbol include Hellmann's Real Mayonnaise (light and non-light), Breyers ice cream and sugary processed cereals such as Froot Loops, Cocoa Krispies, Frosted Flakes, Lucky Charms and Cocoa Puffs.

Blumenthal has requested information from Smart Choices Program, Inc., the organizations which administer the program (NSF International and American Society for Nutrition), and major food manufacturers whose products bear the Smart Choices label, including Kellogg Company, PepsiCo, Inc. and General Mills, Inc.

The investigation seeks details about the consumer research and selection criteria driving the Smart Choices program; the process and fees involved in administering the program; and any payments or developmental role that major food manufacturers might have provided for the program.