GROCERY MANUFACTURERS OF AMERICA, INC., Hon. PHILIP A. HART, Senate Office Building, DEAR SENATOR: When I testified before your committee last Tuesday, March 19, you requested that I send you some of the packages to which I referred as examples of where manufacturers made improvements in their labels. Before commenting upon this matter, I want to make the following clarifying statement: My reference was to instances where junior executives or others in the organization changed labeling information. One example of this was the removal of the contents from the front panel and inserting it on the back panel. When this matter was brought to top management's attention, it revised its new labels to show the contents prominently on the front panel, and, in some instances, also on the side and back panels. Some of the products which were attacked during your earlier hearings mentioned: Soap pads: You will note that the content is prominently shown on the front and back panels where the consumer can readily see this information. (S.O.S. and Brillo.) Instant coffee: The complaint was made that the label showed the words "Giant Size" or "Economy Size" and the actual weight in tiny print. You will note from the Maxwell House Coffee package that the words "Giant" and "Economy" do not appear, and the content shows prominently in two places. There was no violation involved. Detergents: The complaint was that consumers could not find the content shown on the label. If you will refer to the Halverstadt-Pleasants testimony, you will note that it has been their experience that consumers usually look for the weight content next to the price, which is shown on top of the package. This has become an established custom, and the consumer expects to find this information there. You will note from the FAB package that the top panel shows the content and the price. It shows the same information on the bottom of the package. What we have said about FAB applies to other brands of detergents. Cookies: You will note from the package of Sunshine chocolate chip cookies that the content is clearly printed on both sides of the package. You will also note the paragraph which says: "This package is sold by weight and not by volume. When packed it was as full as practical without damage to contents. Occasionally a package may not appear full due to settling of contents." What we have said for Sunshine applies equally to other brands of cookies. Cereals: You will note that the Wheaties package shows the content clearly on the front panel. The side panel contains a paragraph: "This package is sold by weight, not by volume. You can be assured of proper weight even though some settling of contents normally occurs during shipping and handling." You will note the Kellogg's 40 percent bran flakes package shows the net weight on the front panel. It is in good color contrast and bold face 14-point type. Servings: You will note that the JELL-O tapioca pudding label shows "Makes four 1⁄2 cup servings." The consumer clearly understands what that means. You will note that the Royal gelatin dessert package shows the weight on the front of the package, and it shows "one serving (1⁄2) cup.” General report: The attached statement contains excerpts from numerous communications showing what manufacturers and trade associations have done in connection with promoting good labeling practices. It is self-explanatory. We hope that this clarifies the matter which I tried to explain at the hearings. The changes which the manufacturers made were not to correct any violations, since none existed, but for the purpose of improving their labels. Cordially yours, PAUL S. WILLIS, President. STATEMENTS BY MANUFACTURERS AS TO STEPS TAKEN TO ASSURE COMPLIANCE WITH LABELING AND PACKAGING LAWS AND IMPROVED CONSUMER INFORMATION General survey: After the Hart committee hearings in 1961, Modern Packaging magazine, with the cooperation of GMA and the Packaging Institute, sent a questionnaire to 650 companies producing items sold in supermarkets. Replies were received from 260. Of these, 90 percent had never received a complaint about deceptive packaging from a customer. Nonetheless, 78 percent reviewed their packaging operations for possible improvement. The results are published in the February 1962, issue of Modern Packaging. COMPLETE REVIEW PROCEDURE OUTLINED (PACKAGED FOOD SPECIALTIES COMPANY) "We are briefly outlining the procedure that we follow to assure compliance with existing Government regulations and approved trade practices as they apply to labels or packages. "I. Our production department recommends the most economical manner in which the product can be packaged to insure preservation of ingredients, appearance and flavor of the individual product or products. This oversimplified statement involves many factors: "1. Type of processing equipment required and its availability. "2. Fexibility of packaging lines. "3. Protection of product in shipping and handling. "4. In some cases combination of vacuum-packed, heat-sterilized, and drypacked products in the same package. "5. Preparation convenience for the consumer. "II. The specifications of the package(s) or label is then submitted to our headquarters research and development manager with all necessary ingredient statements and other obligatory copy called for by various Food and Drugs, Agricultural, or Meat Inspection Division of U.S. Department of Agriculture. "1. The research and development manager checks these against formulas and regulations for completeness and accuracy. "2. Then to our home economist, who checks out directions for preparation and serving suggestions. "3. It is then turned over to our marketing group for inspection and recommendations as to selling copy. "4. Then to the art department for rough art, layout, design and copy treatment. "5. Then to our legal department where it is completely checked for compliance with all regulations. Legal department approval must be obtained on any and every label change. “6. On any product containing meat, package or label is then submitted to M.I.D. of Department of Agriculture for approval. "7. The proposed package or label is then presented to our executive group consisting of: president, vice president for production and research, manager of research and development, vice president for marketing, vice president for market research and vice president for advertising for final approval before going into finished art. “8. On new or reformulated products or when radical package, label design or direction changes are made, they are submitted to extensive housewife consumer panels before final adoption. The panel usually consists of 800 to 1,200 households in a number of geographic areas. Through these surveys we determine product acceptance, package or label appeal, clarity of directions and product in use factors. "9. The package or labels are then returned to the art department for finishing including any indicated changes or revisions. "10. When proofs of the finished art are received they are checked and initialed as approved by manager of the art department, research and development manager, legal department, and two or more of the executive group approving the preliminary package or label (procedure II, No. 7). "We make every effort to comply, not only with the words but with the intent of existing packaging regulations. We believe it is good business to present our product to the consumer in packages or under labels that picture it either by description or vignette as she will see it on her table." PACKAGE AND LABEL REVIEW AND IMPROVEMENT (A Manufacturer of Cereals and Baking Mixes) "We had a meeting last week with representatives from our production, purchasing, legal, and marketing departments present. "The purpose of this meeting was to: "1. Reexamine present labels to be certain that the net weights are shown prominently on the fronts of all packages, as well as sacks. "(a) We found that, with but few exceptions, they conformed: and we increased the size of the type on a few that did not show up prominently. "2. We made certain that any possible conflicting statements as to claims, etc., did not show on any labels. "3. Our production department again assured us that all packages conform to the fill requirements and that actual content of the packages conformed to the weights shown. "We, of course, intend to police this regularly just to make certain that we do conform at all times. We do not figure that it is necessary to have something like the Hart packaging bill to impress upon us the importance of good labeling and packaging practices." REVIEW OF ALL PACKAGES AND LABELS; NEW INTERNAL LABELING RULES; LABEL CHANGES (A Manufacturer of Baking Mixes, Frostings, Instant Potato Products, etc.) "Since 1961 our company adopted a company policy requiring net weights and yields to be stated in specified type size on the front panel of our grocery products. We have a policy statement on the proper fill of containers. We have reviewed all packaging and labeling and made changes in a number of package sizes including fluffy frostings, loaf frostings, quickbreads, gingerbreads, and brownies. Label illustrations and product names have been carefully considered to avoid misleading possibilities: we say mashed potato flakes so no one will pick up our appealingly illustrated box thinking he can pour out readyto-serve mashed potatoes." NEW AND IMPROVED LOCATION FOR NET WEIGHT STATEMENT "Some time ago we made a considerable study of the way in which our detergent products were displayed and, as a result, adopted standard practice of putting weight marking for all soap and detergents on the top panel near price space." REVIEW OF ALL LABELS; NEW DESIGN OF PRODUCT LABEL DISCUSSED WITH FDA AND AMENDED IN ACCORD WITH FDA RECOMMENDATION (Canned Vegetables and Relishes Manufacturer) "All labels were reviewed to assure compliance with State and Federal regulations and, where indicated, changes were made. "In the first half of 1962, our company, at its own initiative, devoted a great deal of time and expense to make certain that labels for its new line of relishes (five items) complied with food and drug regulations. "Our technical director made several phone calls to the Packaging Advisory Council of Pure Food and Drug in Washington during the course of the relish package development and in early June our vice president and general manager, our technical director and I traveled to Washington for the sole purpose of obtaining approval of our relish label and cap from the standpoint of the ingredients statement, conspicuousness of essential copy, and proper expression of weight declaration. "Our appointment was with Mr. Kneeland, Deputy Director, Packaging Advisory Council of Pure Food and Drug who reviewed with us black and white photostats for each of the five newly designated relish caps and five newly designed labels. "We placed the clause on the cap and Mr. Kneeland stated it definitely must appear on the main panel of the label, so at considerable expense of time and money on the part of our label and cap suppliers and ourselves, we made the changes. We are enclosing two photostats each for our new beet and horseradish relish label and cap identified as 'Before' and 'After' to illustrate the changes made. We are also enclosing a copy of the label weight changes made in 1959." LABELS REVIEWED AND REVISED; NEW LABEL FORMAT (Soluble Coffee, Chocolate, Miscellaneous Grocery Specialties) "Following the first Senator Hart hearings, management made a review of all labels to determine any possible areas of problem in terms of size statement, contents, or label layout. Also several conferences with company and advertis ing agency people were held to discuss labeling practices in light of Senator Hart's bill. "As a result of those conferences a new format for off-label deals was developed. We abandoned any reference to 'regular' price and substituted 'standard' price, because we have what amounts to a standard price in our price lists and that price is shown separately on our invoices. "In addition to the new off-label deal treatment we have also revised several of our labels in order to remove qualifying words in the net weight designation, such as 'full' or 'giant.' We have also discontinued any designation of any of our products as 'Economy Size.' Finally, we have revised several of our net weight declarations on labels in order to make them more conspicuous and readable. MACARONI PACKAGES AND LABELS REDESIGNED; MORE PROMINENT WEIGHT IDENTIFICATION; PACKAGE SIZE CHANGE CREATES SLACK-FILL PROBLEM "While we always have endeavored to have packages in compliance with legal requirements, some of the steps we have taken more strongly bring out this feature; and in one instance we have created a new problem for ourselves. "1. We have changed our 12-ounce polyethylene package on nine macaroni spaghetti items to 16 ounces. Further, we have increased the size of the type and placed it in a visual vehicle to assure easy identification of weight by Mrs. Consumer. "2. We have reduced the package length from 91⁄2 inches to 81⁄2 inches on the following polyethylene film items: Long Macaroni; Long Spaghetti; Thin Spaghetti; and Quick-Cook or Long Vermicelli. This applies to both our 16-ounce and 10-ounce lines. "3. We reduced the length from 19 inches to 17 inches on our polyethylene package on Italian Style Spaghetti and Italian Style Thin Spaghetti. This applies to both our 10-ounce and 16-ounce lines. Weight identification was improved also on these packages. "4. We have reduced the length of three wax-wrapped carton items from 11% inches to 9 inches. This applies to our 7-ounce line. The items are Long Macaroni, Thin Spaghetti, and Long Spaghetti. In this instance we created a slack-fill problem on the two spaghetti items. Previously, when we used the 11-inch carton, we were able to pack the hook that is formed in the making of the spaghetti. Now we find we can no longer do this. On the shorter package we must reduce either the height and depth of our package (which will mean a modification of packaging equipment) or we may increase the weight to 8 ounces, which, of course, would create a price revision problem. As yet we have few complaints on slack fill; but we feel we are, at best, a borderline case for the present. I am enclosing samples of some of our new and old packaging materials which will give you an idea of how we have strengthened weight identifications." CEREAL PACKAGES REVISED FOR BETTER CONSUMER IDENTIFICATION IN ACCORD WITH INDUSTRY STANDARD "We have revised our packages in accord with the Cereal Institute 'Principles of Good Practice Regarding the Declaration of Net Contents on and Fill of Breakfast Cereal Packages.' "We enclose one of our 40 percent Bran Flakes packages, and call attention to the following matters: "1. Regarding the net weight statement: "(a) It is on the front of the package. "(b) It is in good color contrast, without obscuring designs or vignettes. "(c) It is in boldface 14-point type, inasmuch as the area of the front of the package is about 80 square inches. "(d) It is clearly and prominently shown on a special cut into the design so that it can be readily found and easily read by interested customers under customary conditions of purchase and use. "2. Regarding the ingredient statement, etc., a committee of the Cereal Institute, Inc., recommended that all of the ingredient information should be in one place and in the same place on all packages, so that the consumer would know where to look for it. In compliance with this recommendation, we place all of this information on the upper lefthand side panel of the package, which is 97158 0-63-pt. 1-32 reserved exclusively for this and related material. You will note that this information is prominently and conspicously printed with regard to the size and kind of type, contrast, and location, so as to be readily found and easily read by interested consumers. "3. You will note that the package complies with paragraphs (c) (1), (2), (3), (4), and (6) of Senator Hart's bill." WHAT TRADE ASSOCIATIONS HAVE DONE GMA (see attached bulletins). Cereal Institute (see attached Thermo-fax of "Principles of Good Practice Regarding Declaration of Net Contents on, and Fill of, Breakfast Cereal Packages"). National Coffee Association: The National Coffee Association has recommended to members by bulletin that fractional ounces not be used for soluble coffee. It has also recommended against the use of such terms as "jumbo" and "economy" on soluble coffee. National Canners Association: Regularly issues and widely distributes a looseleaf canned foods labeling manual which is supplemented with sheets on new regulations and interpretations whenever these are issued. This is widely distributed and used as a guide in the labeling of canned foods. NCA has issued several bulletins alerting its membership to continuously check compliance with regulations. The Biscuit & Cracker Manufacturers' Association of America: At a recent meeting of the Biscuit & Cracker Manufacturers' Association, the following resolution was adopted: "The board of directors of the Biscuit & Cracker Manufacturers' Association strongly reaffirms its position that packages containing food products offered for sale to the consumer should be truthful as to their contents in every respect, including a description of the product, listing of ingredients, weight of contents and design of package." [Special bulletin from the president, No. 3025-A, June 19, 1961] Re information on your labels. To official representatives of all GMA member-companies: I had a telephone call today from Commissioner George P. Larrick, who is responsible for administering the Food, Drug, and Cosmetic Act. The Senator Hart committee has requested the Commissioner to prepare a report showing to what extent the information on the labels meets the legal requirements. During our telephone conversation, he mentioned that *** "I am convinced that your members want to be in compliance with the law"; but he also noted that some of the labels are not. He thought it would be a good idea if I sent you another copy of the law which spells out the requirements, and this is attached; and to suggest that you carefully review your labels, and if there are any that do not conform with the legal requirements, that you take immediate steps to correct the same. There are many new people in Washington, occupying top jobs, and you must expect that there will be investigations on many issues. One of the top investigations which will make headline news will be on this very subject of packaging labels. Therefore, we strongly urge that you carefully review your labels to see that they conform with the regulations; and your packages to see that they cannot be declared as deceptive. Mr. Larrick's office is primarily concerned with labels containing adequate and correct information. Senator Hart's investigation will concern itself more with deceptive packages and deceptive pricing. PAUL S. WILLIS, President. [Special bulletin from the president, No. 3079, May 4, 1962] Re Federal Food and Drug Administration. To all GMA member-companies: Mr. George P. Larrick, Commissioner, Federal Food and Drug Administration, and I have known each other for quite awhile. We enjoy a fine relationship and communicate freely and frankly with one another. I talked with him today |