How to be Aware of Deceptive Marketing
By Mohammad Abdullah
Mar/Apr 25
Packaged food nutrition labels are important for Muslim consumers because these convey information about the product’s identity while the Ingredient Statement allows them to determine the product’s status as either halal, haram, or doubtful. Nutrition labels also provide advice on how to handle, store, prepare, and/or consume food products safely where needed, especially meat and poultry products. In case of food recalls, labels with batch numbers can also help identify the source of a contaminated product quickly, thus mitigating the threat to the consumer.
The problem, however, is that some labels can be vague and even misleading. The United States has no nutrient warning policy unlike countries like Chile, Mexico, Peru, and Uruguay that have had them since 2016. These policies focus on products with excessive levels of unhealthy nutrients, and require these products to display front of package (FOP) warning labels such as: “WARNING: High in added sugar or high in sodium” to inform consumers of the high content of potentially unhealthy nutrients.
In contrast, beside not having the nutrient warning policy, American manufacturers use colorful images, product names, and claims that make the food seem healthy on FOP labels such as being lower in calories or added sugar or being “naturally” flavored. But these vague descriptions may mislead consumers by leaving out less favorable information such as being high in sodium or saturated fat. When it comes to food labels conforming with critically important Islamic dietary practices therefore, simply checking for halal or kosher markers is not enough.
As a result, grocery shopping as a Muslim requires extensive knowledge about ingredients and industrial food preparation. Through the late 1960s, there was little information on food labels to identify their nutrient content. Back then, meals in American households were typically prepared at home from basic ingredients and most foods did not require a nutrition label. However, as more processed foods and beverages entered the U.S. market, and food retailers became more deceitful and blatantly profit-seeking, consumers soon came to need additional information that would help them make informed choices.
In 1990, Congress passage of the Nutrition Labeling and Education Act was an historic moment for the food industry. As a result of this legislation, food producers were forced to include food labels on their products to disclose key nutritional information, including a “% Daily Value” (DV) that is based on a 2,000-calorie diet. This information can be used to support personal dietary needs by looking for foods that contain more or less of the nutrients they desire. However, as it turns out, 2,000 was never an accurate number. It was, in fact, a number arrived at via extensive debate and disagreement that has yet to be fully resolved. “In truth, there is no standard number of daily calories,” said Joseph St. Pierre, Hartford HealthCare bariatric specialist at St. Vincent’s Medical Center.
Confusing and Misleading Food Labelling
A food label claim becomes confusing or misleading when it provides inaccurate or incomplete product information, potentially deceiving consumers into believing something about it that isn’t true. Manufacturers generally describe the nutrient levels by using terms such as “free,” “high,” “low,” and “reduced,” or they use a number of other attractive or beneficial identifiers such as “organic,” “free-range,” or “no-hormone” to convince consumers that the product is healthy and ethical. In actuality, the term “organic” does not necessarily mean a product is healthy while the term “free-range” does not mean that chickens roam free yards.
Other examples of confusing terms are “no-cholesterol peanut butter,” (cholesterol is only found in animal products), or the use of “made with sea salt” (both table salt and sea salt have about the same amount of sodium per serving). The terms “Superfoods” or “Superfruits” are also misleading and lack scientific evidence and the use of the term “low carb” is misleading as the Food and Drug Administration (FDA) does not have any guidelines for such labels. According to the FDA, “light” sounds healthy, but some products are extensively processed to reduce calories or fat, and consumers are advised to check carefully to see what has been added to make up for these reduced quantities.
Grace Hussain lists terms considered among the most misleading food labelling. She claims that “sugar-free” products can contain up to 0.5 grams of sugar in each serving while “fruit-flavored” is typically flavored with chemicals that produce a fruity taste The claim “made with whole grains” is also misleading as food producers can claim that foods are made with whole grains even if they are made primarily with refined grains Likewise, the term “multigrain” simply means that a variety of grains were used in the food and most, if not all of them, are likely refined. The FDA defines “natural” to mean a product that contains nothing artificial or synthetic, while the USDA defines it as simply minimally processed. The “no-cholesterol” label suggests that it is cholesterol-free, but according to FDA, these food items can contain up to 2 milligram of cholesterol per serving.
The Truth Behind “Organic” Foods
The marketing effort behind organic foods in the United States has been strong for some time. Commonly, organic foods are said to be grown with no chemicals, making them safer and more nutritious for consumers. But according to avid gardener and author Robert Pavlis in his bookFood Science for Gardeners, scientific testing does not support these claims. In one study of 68,946 French adults published in JAMA Internal Medicine in 2018, a correlation between organic food consumption and a reduced risk of cancer was heavily criticized for various methodological flaws. Other studies claiming the benefits of organic food consumption have come under similar scrutiny.
Rather than an authentic representation of the actual content of food items, such marketing terms are mostly used to increase the product’s sales. It is not surprising, then, that according to a 2024 report in Newsweek, none of the world’s 30 biggest food companies were following the World Health Organization’s (WHO) recommendations for responsible marketing.
Factors Leading to Vague and Misleading Food Label Claims
Marketing influences food preferences and choices. Research shows that adding health claims on FOP labels makes people believe that the product is healthier than products that do not list such health claims, thus affecting consumer choices. Unfortunately, most people use the information provided on the FOP rather than the information provided on the “Nutrition Fact” table and in the “Ingredient Statement” for the product itself.
There are also other factors that may lead to further confusion such as the FDA allowing for up to a 20% margin of error. For example, if the label of a food product says there is a certain amount of carbs, calories, or sugars in it, there could be up to 20% more or less than is specified in the label.
Compounding the confusion is the fact that food products are regulated by multiple government, state, or private agencies. For example, the National Organic Program (NOP) is the federal regulatory framework governing organically produced crops and livestock. Certifiers interested in becoming a USDA Accredited Certifying Agent (ACA) apply to the NOP for accreditation. The USDA oversees the program and enforces the NOP regulations and standards. But some reports indicate that the enforcement division needs to make major improvements before labels identifying organic foods are to be trusted.
Another important factor contributing to the overall confusion in food labeling is the lack of consumers’ knowledge about food label claims and their regulatory agencies. According to the FDA, there are three major types of food claims represented on food packaging, each following a specific set of requirements: health claims, structure/function claims, and nutrient content claims. Health claims on food products require pre-market review and approval by the FDA. However, structure/function and nutrient content claims are FDA regulated but are not pre-approved by the FDA before they are released in the market. This can be misleading because companies can use language to focus on a single positive nutrient while neglecting the product’s other potentially unhealthy aspects.
Finding the Truth in Food Labels
Despite the use of confusing and misleading terms meant to trick consumers into purchasing food products, there are few simple steps consumers can take to make informed decisions at the grocery store:
- Do not solely rely on FOP claims; ignore claims made in large fonts. Read the fine print on the label.
- Choose foods with less than 5 ingredients that are real food and spices. If you want to consume less of something such as saturated fat or sodium, choose foods with a lower percentage DV (5% or less).
- Products that have whole foods listed as the first few ingredients are likely to be healthier than those that list refined grains or sugars first since food ingredients are listed by quantity in descending order.
- Look at serving size to compare nutrients between products.
- Sugar is added to virtually every type of processed food and can be recognized in the ingredients list by the ending “-ose” such as dextrose, fructose, and sucralose.
- Look for labels and terms that are defined by USDA such as the term “Fresh Poultry” which means that whole poultry and cuts have never been below 26 degrees Fahrenheit.
- Seek out labels that are verified through third party certifiers such as the term “Grass-Fed” which is approved by the Food Safety and Inspection Service (FSIS).
- Avoid processed foods altogether, and instead seek out primarily whole foods and plant-based foods such as products made with 100% whole grains, fruits, and vegetables.
Nutrition labels can provide a wealth of information, so use them to your advantage by following the rule: Read it before you eat it. Reading the nutrition facts and ingredient list must include more intention and diligence for Muslim consumers than just glancing at the front of the package.
Mohammad Abdullah, DVM, who retired after serving 29 years with the U.S. Department of Agriculture’s Food Safety and Inspection Service, the agency that regulates the meat industry, is the author of A Closer Look at Halal Meat from Farm to Fork (Ahmed Jakda Publishing, 2016).
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