Written on: March 1, 2025 by Nicholas Georges
Some foods are packaged using aerosol delivery technology, including cooking sprays, whipped cream and spray cheese. For this reason, the aerosol industry must stay current on activities and regulations by the U.S. Food & Drug Administration (FDA). Of note, the FDA recently proposedi requiring front-of-package nutrition labels on most foods, including those packaged in aerosols.
The proposed rule would require certain information to be highlighted on the principal display panel of an aerosol container, including the serving size and Daily Value (DV) percentage of saturated fat, sodium and added sugars—with Low, Medium and High interpretations to accompany the percentage.ii The goal of the new proposed Nutrition Info box is to standardize this information to help consumers identify and understand the percentage DV of certain nutrients. While the FDA is not proposing to mandate the inclusion of a calorie statement within the Nutrition Info box, it is soliciting comments on possibly including a mandatory or voluntary quantitative statement of calories.
If finalized, the Nutrition Info box would appear on the upper third of the principal display panel and must be prominent, conspicuous and render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. The FDA proposes that the size of the Nutrition Info box will scale based on the size of the principal display panel with a minimum type size of eight-point.
It’s important to note that there are exemptions or modified requirements that food aerosol product manufacturers can take advantage of based on the total surface area. For instance, foods in small packages with a total surface area available to bear labeling of fewer than 12 square inches are exempt from displaying the Nutrition Info box unless nutrition information, such as a claim, is presented on the label. Additionally, foods in small packages with a total surface area available to bear labeling of fewer than 40 square inches would utilize an alternative Nutrition Info box that omits the serving size and quantitative percent DV declarations. It should be noted, however, that there is no exemption from the requirement to display the Nutrition Info box for foods that contain insignificant amounts of saturated fat, sodium and added sugars.
If this proposal is finalized, the FDA would amend the regulations for nutrient content claims regarding low saturated fat and low sodium. Current regulations specify absolute amounts that determine what qualifies as “low.” The proposed amendments would align with the general principle that 5% DV or less is considered “low.”
Comments on the FDA’s proposal are due May 16, 2025. The proposed rule establishes a compliance date of three years after the final rule’s effective date; however, companies with less than $10 million in annual food sales would be given an extra year to comply. It should be noted that this proposal was published during the Biden Administration, and it was unclear at the time of writing this column how the Trump Administration views it. Regardless, HCPA will collaborate with allied trade associations in the food space and work with member companies to ensure that aerosol products are properly considered.
For more information, please contact me at ngeorges@thehcpa.org. SPRAY
i link
ii FDA is proposing a range of 5% DV or less for “Low”; 6% to 19% DV for “Med”; and 20% DV or more for “High”
