US Food and Drug Administration (FDA) research has shown that consumers understand nutrition information when clear, simplified labels are available. The agency introduced a new proposed rule in January 2024, requiring packaged foods to feature a front-of-package (FOP) nutrition label, with the goal of helping consumers make healthier decisions. Notice and comment for the proposed rule closed in July 2025.
Since federal rules move so slowly, and can change when the president changes, I tried to look up what’s happening with this proposal. This news story from last summer has the most recent news I found, so I threw it in.
The proposed label categorizes key nutrients, including added sugars, saturated fat, and sodium, with indicators of “Low,” “Medium,” or “High.” Manufacturers can choose whether or not to include calorie counts. Amidst heightened regulatory scrutiny of processed foods and additives, including the recent ban on food additive FD&C Red No. 3, how will brand marketing behaviors and strategies shift?
FOP Labeling and Consumer Behavior
Food manufacturers may respond to a new front-of-package label rule by reformulating products, adjusting marketing strategies, or focusing their marketing on other attributes. To effectively pivot, brands should have an understanding of consumer perceptions and decision-making.
Properly designed consumer perception research can provide substantiation for new claims, inform market research into the preferences that will most influence purchasing behavior, or reveal how consumers respond to newly formulated products. Sensory research in particular is helpful when developing new products, allowing companies to understand what consumers are looking for. And most importantly, research can help brands withstand regulatory scrutiny.
The Role of Consumer Surveys in Compliance and Litigation
Consumer research strengthens a brand’s market position and protects against regulatory and legal risk. In disputes, litigation surveys can provide courts with evidence of how consumers interpret labels, advertising, or reformulated products. In the marketplace, surveys provide insight that guides strategic decisions.
As regulators, manufacturers, and consumers increasingly focus on health and nutrition, front-of-package labeling will reshape how brands compete. Companies that invest in consumer perception research can better anticipate market shifts, substantiate their claims, and protect their reputations.
If you are preparing for the impact of the FDA’s proposed labeling rule or need survey evidence to support litigation or a regulatory compliance action, IMS Legal Strategies offers expertise in advertising claim substantiation, market research, sensory testing, and litigation surveys.
