By Whitney Roth | Staff Editor

April 8, 2024

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You are at the grocery store, going about your everyday shopping routine, when suddenly you encounter a food label. You look at the label and try to obtain the information. However, you feel confused about what the label means and whether it is accurate or not. You are also wondering why there is no information regarding how that food product impacts the environment. If you relate to this grocery store experience, then climate labels are a helpful solution.

 

The government agencies responsible for food labeling in the United States are the Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA).[1] The USDA regulates labeling for meat and poultry products, whereas the FDA is responsible for all other food products.[2]

 

There are a wide variety of different types of food labels. “Eco-labels” are one form of labeling that educates consumers on how a particular food item impacts the environment.[3] Some examples of eco-labeling include using the terms “organic” or “sustainable” on food products.[4] One rare type of eco-label used in the United States, however, relates to climate labels.[5]

 

Climate labels specifically represent an individual food item’s carbon footprint and environmental impact score based on how its greenhouse gas emissions effect climate change.[6] In 2007, two Swedish companies, KRAV and Swedish Seal of Quality, first introduced climate labels.[7] In 2022, Denmark also proposed its own form of climate labeling on food products.[8] Currently, the FDA and USDA do not mandate climate labels on food products. It is crucial that the United States starts utilizing climate labels because it will help combat climate change, which ultimately impacts the whole world.[9]

 

In the United States, food production generates about 68% of greenhouse gas emissions.[10] Each individual food item releases a certain amount of carbon into the atmosphere, some more than others.[11] For instance, meat products generate about 60% greenhouse gas emissions and beef specifically emits the most amount of greenhouse gas in the food industry.[12] This is because cows eat so much grass that it emits harmful greenhouse gasses as a result.[13] In contrast, plant-based food products such as nuts and vegetables have a lower overall carbon footprint.[14]

 

Food products emit varying amounts of carbon, therefore some are considered more carbon-neutral while others have a much higher carbon footprint.[15] Consequently, it is important for consumers to understand which foods directly impact climate change by analyzing its carbon footprint and environmental impact score through climate labels.[16] Climate labels can help reduce climate change because consumers will be conscious and aware about whether a food product is harming the environment.[17] Furthermore, climate labels can help consumers make more informed decisions when purchasing food.[18] If climate labels are placed on every food item, then people can efficiently compare and contrast which products they want to buy based on the environmental impact that the climate label reveals.[19]

 

The Fair Packaging and Labeling Act (FPLA) mandates that food labeling is fair and accurate.[20] The FPLA requires the FDA to ensure that food labeling is not deceiving to consumers.[21] However, the current lack of climate labels misleads consumers because food labels do not provide enough essential environmental information. From an environmental perspective, a food’s carbon footprint and environmental impact score is an important component so it should be displayed on a food label because it accurately represents the individual food item.

 

The FDA and USDA can promulgate a new climate label rule within the FDA’s and USDA’s existing regulations because of its Administrative Procedure Act rulemaking powers.[22] The FDA and USDA most likely would follow an informal rulemaking process and conduct a public notice and comment period in order to promulgate a new climate label regulation.[23] The climate label regulation should appear in the FDA’s food labeling regulations, the USDA’s Federal Meat Inspection Act, and the USDA’s Poultry Products Inspection Act.[24]

 

The Federal Trade Commission’s (FTC) “Green Guides” is a set of guidelines for manufacturers to consider when making “environmental claims” on their products.[25] The Green Guides is not the best model for proposing mandatory climate labels, however, because it is not binding law.[26] In contrast, climate labeling should be a mandatory regulation because it is most effective in reducing climate change if it serves as a uniform labeling practice throughout the United States.

 

In addition, climate labels on food products can help the USDA and Environmental Protection Agency (EPA) in their goal to reduce food waste in half by the year 2030.[27] About 98% of food waste releases greenhouse gases and significantly impacts climate change.[28] In 2016, each individual in the United States contributed about “328 pounds of food waste.”[29] Therefore, the USDA and EPA made it their mission to cut this amount of food waste in half.[30] By reducing food waste, it will also reduce greenhouse gas emissions, and ultimately lower the harmful impacts of climate change.[31] Climate labels can also help reduce food waste because consumers will be more aware of which foods harm the environment and ensure that those foods do not get thrown out if unconsumed.[32]

 

Ultimately, consumers care about how food impacts the environment and want the most accurate information.[33] Therefore, mandating climate labels on food products in the United States is important to educate society on environmental impact information and reduce climate change.[34]

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[1] Regulation of Advertising and Labeling: Conditions of Private Information Supply, Econ. Rsch. Serv. U.S. Dep’t of Agric., 11, 11 https://www.ers.usda.gov/webdocs/publications/41905/51665_ah715c.pdf?v=0#:~:. (last visited Mar. 27, 2024).

[2] Id.

[3] Seth Gitner, Food Labels as a Method to Combat Climate Change, Geo. Env’t. L. Rev. Online 1,1 (March 5, 2017).

[4] Jason J. Czarnezki, The Future of Food Eco-Labeling: Organic, Carbon Footprint, and Environmental Life-Cycle Analysis, 30 Stan. Env’t. L.J. 3, 6–7 (2011); Gitner, supra note 3.

[5] Jeff Gelski, Under 50% Aware of Carbon-Neutral Labels, Food Bus. News, (Aug. 8, 2022), https://www.foodbusinessnews.net/articles/21942-under-50-aware-of-carbon-neutral-labels.

[6] See, e.g., Oatly Introduces Climate Footprint Labeling in North America; Launches Reformulated Oatgurt Line, OATLY, (Jan. 21, 2023), https://investors.oatly.com/news-releases/news-release-details/oatly-introduces-climate-footprint-labeling-north-america/ (describing Oatly’s climate footprint labels that display the yogurt’s calculated carbon emission amount); see, e.g., Gavin Haines, Carbon Labelling for Food and Drink Products is Coming – Will it Make a Difference?, Positive.News, (Sep. 28, 2021), https://www.positive.news/environment/food/carbon-labelling-for-food-and-drink-products-is-coming-will-it-make-a-difference/ (describing how food products are labeled with a letter and color-coded grade, which is determined by how its greenhouse gas emissions impact the environment).

[7] Bettina Dahlbacka, Swedish Climate Labeling became Climate Certification, USDA Foreign Agric. Serv. Glob. Agric. Info. Network 1, 2 (June 28, 2010).

[8] See Marissa Sheldon, Denmark to Become First Country to Develop Climate Label for Food, HUNTER COLL. N.Y.C. POL’Y CTR., (May 3, 2022), https://www.nycfoodpolicy.org/food-policy-snapshot-denmark-climate-label/ (“The Danish Ministry of Food, Agriculture, and Fisheries has announced that it will create a state-controlled climate label for food that promotes climate-friendly food production.”); Flora Southey, Denmark ‘First Country in the World’ to Develop its Own Climate Label for Food, Food Navigator Eur., (Apr. 19, 2022) https://www.foodnavigator.com/Article/2022/04/19/denmark-first-country-in-the-world-to-develop-its-own-climate-label-for-food.

[9] See Michael Vandenbergh et al., How Carbon Labels Can Aid in the Fight Against Climate Change, VANDERBILT UNIV., (Jan. 27, 2022), https://news.vanderbilt.edu/2022/01/27/how-carbon-labels-can-aid-in-the-fight-against-climate-change/ (“Carbon labels are an important, feasible way to reduce carbon emissions, and these types of feasible options are more important than ever given the combination of the growing threat of climate change and the inability of the international and national processes to make sufficient progress.”).

[10] Carbon Footprint Factsheet, CTR. FOR SUSTAINABLE SYS. UNIV. MICH. (2023), https://css.umich.edu/publications/factsheets/sustainability-indicators/carbon-footprint-factsheet#:~:.

[11] Hannah Ritchie, You Want to Reduce the Carbon Footprint of Your Food? Focus on What You Eat, Not Whether Your Food is Local, Our World in Data, (Jan. 24, 2020), https://ourworldindata.org/food-choice-vs-eating-local.

[12] Martina Igini, Climate Labels on Food Can Change Eating Habits for the Better: Study, EARTH.ORG, (Dec. 29, 2022), https://earth.org/climate-labels/; Food and Climate Change: Healthy Diets for a Healthier Planet, United Nations, https://www.un.org/en/climatechange/science/climate-issues/food (last visited Mar. 27, 2024).

[13] Food and Climate Change: Healthy Diets for a Healthier Planet, supra note 12.

[14] Ritchie, supra note 11.

[15] Id.

[16] Id.

[17] See Igini, supra note 12.

[18] See, e.g., Charlotte Pointing, What Are Climate Labels? And Can They Really Change Our Food Habits?, VegNews, (Mar. 30, 2023), https://vegnews.com/vegan-news/climate-labels-change-food-habits (“The researchers found that 84 percent of people went for vegetarian or chicken over beef when presented with the climate-labeled version of the menu.”).

[19] Id.

[20] 15 U.S.C. § 1451.

[21] Fair Packaging and Labeling Act: Regulations Under Section 4 of the Fair Packaging and Labeling Act, FED. TRADE COMM’N, https://www.ftc.gov/legal-library/browse/rules/fair-packaging-labeling-act-regulations-under-section-4-fair-packaging-labeling-act (last visited Mar. 27, 2024).

[22] A Guide to the Rulemaking Process, The Off. of the Fed. Reg. 1, 2; FDA Rules and Regulations, U.S. FOOD & DRUG ADMIN., (June 1, 2020), https://www.fda.gov/regulatory-information/fda-rules-and-regulations; Rulemaking, Agric. Mktg. Serv. U.S. Dep’t Agric., https://www.ams.usda.gov/rules-regulations/rulemaking (last visited Mar. 28, 2024).

[23] FDA Rules and Regulations, supra note 22; Rulemaking, supra note 22.

[24] 21 C.F.R. § 101; 9 C.F.R. § 317; id. § 381.

[25] 16 C.F.R. Part 260; id. § 260.1(a).

[26] Roscoe B. Starek, III, A Brief Review of the FTC’s Environmental and Food Advertising Enforcement Programs, FED. TRADE COMM’N, (Oct. 13, 1995), https://www.ftc.gov/news-events/news/speeches/brief-review-ftcs-environmental-food-advertising-enforcement-programs.

[27] See United States 2030 Food Loss and Waste Reduction Goal, U.S. Env’t Prot. Agency, (last updated Feb. 21, 2024), https://www.epa.gov/sustainable-management-food/united-states-2030-food-loss-and-waste-reduction-goal#goal.

[28] Bonnie L. Smith, Heat Up Those Leftovers, Not the Planet: How Combatting Food Waste Can Affect Climate Change, 18 Vt. J. Env’t. L. 648, 650 (2017).

[29] United States 2030 Food Loss and Waste Reduction Goal, supra note 27.

[30] Id.

[31] Id.

[32] Orla Dwyer, Food Waste Accounts for ‘Half’ of Global Food System Emissions, Univ. of Illinois Urbana-Champaign Coll. of Agric., Consumer, & Env’t Scis. Food Scis. & Hum. Nutrition, (June 23, 2023), https://fshn.illinois.edu/news/food-waste-accounts-half-global-food-system-emissions#:~:.

[33] See Igini, supra note 12.

[34] Id.