Or. Admin. Code § 603-029-1046 - Nutrient Content Claims for "Light" or "Lite"

(1) General requirements. A claim using the terms "light" or "lite" to describe a product may only be made on the label or in labeling of the product if:

(a) The claim uses one of the terms defined in this rule in accordance with the definition for that term;

(b) The claim is made in accordance with the general requirements for nutrient content claims in OAR 603-029-1038; and

(c) The product for which the claim is made is labeled in accordance with OAR 603-029-1034.

(2) "Light" claims. The terms "light" or "lite" may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), without further qualification, provided that:

(a) If the product derives 50 percent or more of its calories from fat, its fat content is reduced by 50 percent or more per reference amount customarily consumed compared to an appropriate reference product as described in OAR 603-029-1038(9)(a); or

(b) If the product derives less than 50 percent of its calories from fat:

(A) The number of calories is reduced by at least one-third (331/3 percent) per reference amount customarily consumed compared to an appropriate reference product as described in OAR 603-029-1038(9)(a); or

(B) Its fat content is reduced by 50 percent or more per reference amount customarily consumed compared to the appropriate reference product as described in OAR 603-029-1038(9)(a); and

(c) As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the calories and the fat were reduced are declared in immediate proximity to the most prominent such claim (e.g., " 1/3 fewer calories and 50 percent less fat than the market leader"); and

(B) Quantitative information comparing the level of calories and fat content in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., "lite -this product'-200 calories, 4 grams (g) fat; regular -reference product'-300 calories, 8 g fat per serving"); and

(C) If the labeled product contains less than 40 calories or less than 3 g fat per reference amount customarily consumed, the percentage reduction for that nutrient need not be declared.

(d) A "light" claim may not be made on a product for which the reference product meets the definition of "low fat" and "low calorie."

(3)

(a)

(A) A product for which the reference product contains 40 calories or less and 3 g fat or less per reference amount customarily consumed may use the terms "light" or "lite" without further qualification if it is reduced by 50 percent or more in sodium content compared to the reference product; and

(B) As required in OAR 603-029-1038(9)(b) for relative claims:

(i) The identity of the reference product and the percent (or fraction) that the sodium was reduced are declared in immediate proximity to the most prominent such claim (e.g., "50 percent less sodium than the market leader"); and

(ii) Quantitative information comparing the level of sodium per labeled serving size with that of the reference product it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., "lite -this product'-500 milligrams (mg) sodium per serving; regular -reference product'-1,000 mg sodium per serving").

(b)

(A) A product for which the reference product contains more than 40 calories or more than 3 g fat per reference amount customarily consumed may use the terms "light in sodium" or "lite in sodium" if it is reduced by 50 percent or more in sodium content compared to the reference product, provided that "light" or "lite" is presented in immediate proximity with "in sodium" and the entire term is presented in uniform type size, style, color, and prominence; and

(B) As required in OAR 603-029-1038(9)(b) for relative claims:

(i) The identity of the reference product and the percent (or fraction) that the sodium was reduced are declared in immediate proximity to the most prominent such claim (e.g., "50 percent less sodium than the market leader"); and

(ii) Quantitative information comparing the level of sodium per labeled serving size with that of the reference product it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., or "lite -this product'-170 mg sodium per serving; regular-reference product'-350 mg per serving").

(C) Except for meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), a "light in sodium" claim may not be made on a product for which the reference product meets the definition of "low in sodium."

(4)

(a) The terms "light" or "lite" may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(A) The product meets the definition of:

(i) "Low in calories" as defined in OAR 603-029-1048(2)(c); or

(ii) "Low in fat" as defined in OAR 603-029-1052(2)(c); and

(B)

(i) A statement appears on the principal display panel that explains whether "light" is used to mean "low fat," "low calories," or both (e.g., "Light Delight, a low fat meal"); and the accompanying statement is no less than one-half the type size of the "light" or "lite" claim.

(b)

(A) The terms "light in sodium" or "lite in sodium" may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that the product meets the definition of "low in sodium" as defined in OAR 603-029-1050(2)(e)(A); and

(B) "Light" or "lite" and "in sodium" are presented in uniform type size, style, color, and prominence.

(c) The term "light" or "lite" may be used in the brand name of a product to describe the sodium content, provided that:

(A) The product is reduced by 50 percent or more in sodium content compared to the reference product;

(B) A statement specifically stating that the product is "light in sodium" or "lite in sodium" appears:

(i) Contiguous to the brand name; and

(ii) In uniform type size, style, color, and prominence as the product name; and

(C) As required in OAR 603-029-1038(9)(b) for relative claims:

(i) The identity of the reference product and the percent (or fraction) that the sodium was reduced are declared in immediate proximity to the most prominent such claim; and

(ii) Quantitative information comparing the level of sodium per labeled serving size with that of the reference product it replaces is declared adjacent to the most prominent claim or to the nutrition information.

(5) Except as provided in sections (2) through (4) of this rule, the terms "light" or "lite" may not be used to refer to a product that is not reduced in fat by 50 percent, or, if applicable, in calories by 1/3 or, when properly qualified, in sodium by 50 percent unless:

(a) It describes some physical or organoleptic attribute of the product such as texture or color and the information (e.g., "light in color" or "light in texture") so stated, clearly conveys the nature of the product; and;

(b) The attribute (e.g., "color" or "texture") is in the same style, color, and at least one-half the type size as the word "light" and in immediate proximity thereto.

(6) If a manufacturer can demonstrate that the word "light" has been associated, through common use, with a particular product to reflect a physical or organoleptic attribute to the point where it has become part of the statement of identity, such use of the term "light" shall not be considered a nutrient content claim subject to the requirements in this part.

(7) The term "lightly salted" may be used on a product to which has been added 50 percent less sodium than is normally added to the reference product as described in OAR 603-029-1038(9)(a)(A)(ii) and (9)(a)(B)(ii), provided that if the product is not "low in sodium" as defined in OAR 603-029-1050(2)(d)), the statement "not a low sodium food," shall appear adjacent to the nutrition information and the information required to accompany a relative claim shall appear on the label or labeling as specified in OAR 603-029-1038(9)(b).

Notes

Or. Admin. Code § 603-029-1046

DOA 19-2022, adopt filed 07/27/2022, effective 7/28/2022

Statutory/Other Authority: OAR 603.085, ORS 619.042 & ORS 619.046

Statutes/Other Implemented: OAR 603.085, ORS 619.042 & ORS 619.046