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A recent opinion article about modernizing pet food regulation for the 21st century began with a well-known quote from President John F. Kennedy that states, “Change is the law of life, and those who look only to the past or present are certain to miss the future.” While we should always be looking ahead and diligently working to improve regulatory systems, it’s important we do not lose sight of the main reason that these systems exist in the first place: to protect consumers.
When JFK introduced the “Consumer Bill of Rights” in a Message to Congress in 1962, he stated, [Consumers have] "The right to be informed--to be protected against fraudulent, deceitful, or grossly misleading information, advertising, labeling, or other practices, and to be given the facts he [or she] needs to make an informed choice."
While JFK’s message was an attempt to promote some of the changes that he was advocating for to strengthen existing programs and to protect against monopolies, this message is equally relevant today as Congress considers H.R.7380, the PURR Act, and role that state feed regulatory programs have in regulating pet food products.
On the surface, the newly introduced PURR Act appeals to the emotional heartstrings of consumers everywhere and presents the proposal to modernize the current regulatory system as a win for the 87 million pet-owning households across the U.S. The reality is that this Bill, in its current state, is an attempt to neuter the authority of state feed regulatory programs and prevent them from being the first line of defense to protect consumers against false and misleading marketing claims.
The Bill contains a preemption clause that declares that, "No State or a political subdivision of a state may directly or indirectly establish, maintain, implement, or enforce any authority or requirement relating to the marketing or labeling of pet food."
In layman’s terms, state regulators would no longer be able to verify if trendy marketing claims and buzzwords could actually be substantiated by companies. State regulators would not be able to take enforcement action on ingredients that were “self-proclaimed” as safe but not verified by a neutral government authority or protect consumers against products that were considered misbranded and not nutritionally adequate.
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The Bill also provides provisions for the industry to use “ingredients sometimes present” language, which would open the door for pet food manufacturers to potentially label products with more appealing ingredients yet exchange them for lesser quality substances when commodity prices fluctuate. Consumers who rely on a transparent ingredient statement to avoid certain allergens or even protein ingredients that may be considered unethical would be left to fend for themselves in determining what to feed their pets.
The current two-tiered approach, which involves state and federal regulators working in partnership under a national integrated food safety system, allows the Food and Drug Administration (FDA) to leverage the resources, expertise, and efficiency of state programs to strengthen food safety inspections. It also provides the freedom for states to have expanded authority to protect consumers from potential bad actors within the industry that may promote misleading advertising and labeling practices.
Consumers and their pets deserve a regulatory system that promotes scientific innovation and transparency, but not at the expense of their right to be informed about the products that they are purchasing, while an entire pet food industry gets to “self-police” themselves. Efforts to modernize the current regulatory system should include calls for additional funding for state feed programs and dedicated staff to ensure that pet food products on the market follow the well-established standards that already exist.
The PURR Act will only serve to provide confusion, mistrust, and division between consumers and the pet food industry. It is not the answer to modernizing the current regulatory system.
Austin Therrell is the executive director of the Association of American Feed Control Officials (AAFCO). AAFCO has been guiding state, federal and international feed regulators with ingredient definitions, label standards and laboratory standards for more than 115 years. Learn more at aafco.org.