February 5, 2004

Division of Dockets Management (HFA-305)

Food and Drug Administration

5630 Fishers Lane

rm. 1061

Rockville, MD 20852

RE: Docket No. 2003N-0338

One of the questions posed by the Food and Drug Administration's (FDA)
Obesity Working Group is "Are there changes needed to food labeling that
could result in the development of healthier, lower calorie foods by
industry and the selection of healthier, lower calorie foods by
consumers?" The Calorie Control Council (the "Council") has three
pending petitions before the FDA which, if approved, would assist
industry in making healthier, lower calorie foods and consumers in
choosing these products.

The Council is an international association of manufacturers of
reduced-calorie, reduced- fat and light foods and beverages, including
the manufacturers of a variety of sweeteners and other low calorie
ingredients used in those products. Manufacturers and users of soluble
fiber and polyols are among the Council's members.

1\) Docket No. 97P-0056/CP1 This petition requests that the Commissioner
revise 21 CFR 10l.9(c)(1)(i)(C) by providing for the use of a value of
not more than 2 calories per gram for soluble dietary fiber. This value
would be more scientifically correct than the 4 calorie per gram value
now required for soluble fiber. It would also facilitate the further use
of soluble fiber in processed food products providing additional fiber
to the American diet.

A wide range of soluble fibers is available for use in processed foods.
In addition to their documented health benefits, these ingredients may
be used as thickeners, stabilizers, gelling agents and, in some cases,
as emulsifiers.

2\) Docket No. 96P-0143/CP1 This petition requests that the general food
standard regulation be amended to permit the removal or reduction of a
sugar or fat containing ingredient of a standardized food even when the
ingredient is specifically required by the standard. This change would
make the regulation consistent with 21 CFR 101.3(e)(4). The food would,
of course, in accordance with 21 CFR 101.3(e)(2) have to be named using
an "appropriately descriptive term that is not false or misleading." As
under Part 105 of FDA's regulations, applicable to caloric reductions,
the term has to also be one that includes an approved nutrient content
descriptor, such as "sugar free" or "fat free." This requested change in
labeling regulations would facilitate the development and use of
additional reduced calorie, low calorie, reduced fat, fat free and sugar
free products.

3\) Docket No. 95P-0099/CP1 This petition requests that the food
labeling regulations be amended to permit the use of the term "polyol"
in lieu of "sugar alcohol" in the Nutrition Facts panel on the food
label. The FDA already recognizes the reduced calorie value of polyols
and the requested modification would reduce consumer confusion and
provide for more consumer friendly labeling, which is important to both
the consumer and the food industry. The Council has submitted to FDA
nationally projectable consumer research confirming that the consumer is
confused by the term "sugar alcohol." The nationally projectable survey,
conducted for the Council by Market Facts, found that 78 percent of
those surveyed think the term "sugar alcohol" indicates that a product
contains some sugar even when the product is labeled "sugar free."
Sixty-nine percent believe the product contains some alcohol.

In summary, approval of the three petitions discussed above would
facilitate both the production and use of calorie-reduced products. The
Council urges the agency to move forward and approve these petitions.

Respectfully submitted,

*Lyn O'Brien Nabors*

Lyn O'Brien Nabors

Executive Vice President

cc: Docket No. 97P-0056/CP1

Docket No. 96P-0143/CP1

Docket No. 95P-0099/CP1