The term "net carbs" is NOT legally defined and has been considered MISLEADING by the FDA since 2001.

 

This position is based on the use of “NET CARBS” on product labels, when the term is a Marketing Tool and not based on science.

 

Since the highly recognized American Diabetes Association® does NOT recognize the term "NET CARBS", it has become difficult for companies using the term on their products to validate or confirm the appropriate use of the words “NET CARBS” on products.

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“NET CARBS” CLAIMS LEAD TO LEGAL ACTIONS

 

“NET CARBS” ARE CONSIDERED DECEPTIVE MARKETING”

The repercussions of using the term “NET CARBS” has resulted in multiple lawsuits and other legal actions taken against companies using the term on products labels.

 

SUGAR ALCOHOLS including MALTITOL and POLYOL (Glycerin)

 

PUBLISHED DATA on MISLABELED NET CARBS: “Consumers have secured more than $6.8 million in cash and other relief in an Atkins net carbs class action settlement, putting allegations to rest that the diet food manufacturer mislabeled the products’ sugar alcohol and/or polyol contents.”

 

“Class Members include those who purchased Atkins products made with sugar alcohol or polyol. Sugar alcohol is known as maltitol and polyol is also known as glycerin.”

 

ATKINS NUTRITIONALS, INC. is a prime example of class action lawsuits related to NET CARBS claims on labels.

SOURCE:https://www.bradleygrombacher.com/atkinsclass-action-lawsuit-alleges-deceptive-marketing-of-netcarbs:

Lead plaintiff, Joseph Colella, alleges in the Atkins deceptive marketing class action lawsuit that consumers were deceived by Atkins’ claims about the “net carbs” included on labels on its food products. According to the plaintiff, sugar alcohols affect blood sugar levels, but Atkins ignores these in an attempt to deceptively market its products as low sugar. The plaintiff says that consumers fell for Atkins’ deceptive marketing and purchased Atkins products because of the “net carbs” designation on the packaging. “Atkins made these false, misleading statements to deceive consumers into purchasing its products under the belief that they are extremely low in carbohydrates, when, in fact, they are not,” says the Atkins net carbs class action lawsuit. END DOCUMENT

 

“ATKINS Nutritionals has been sued multiple times for allegedly misleading consumers by using "net carbs" on their product labels, with the primary complaint being that they exclude sugar alcohols from their net carb calculations, which can still impact blood sugar levels and therefore could be considered deceptive marketing; these lawsuits often classify as class action suits, allowing many consumers who purchased Atkins products to potentially be part of the claim.”

 

Key points about the lawsuits against Atkins regarding net carbs:

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CLAIM OF DECEPTION

• Plaintiffs argue that Atkins' definition of "net carbs" is misleading because it does not include sugar alcohols, which can still affect blood sugar levels despite being often excluded from net carb calculations.

• IMPACT ON CONSUMERS The lawsuits allege that by not properly accounting for sugar alcohols, Atkins is deceiving consumers who rely on the "net carb" label to manage their carbohydrate intake, particularly those following low-carb diets.

• SETTLEMENT REACHED In the past, Atkins has settled class action lawsuits related to their "net carb" labeling, often agreeing to relabel products and provide compensation to affected consumers.”

 

NET CARBS BLOOD SUGAR CLAIMS

In one case, the plaintiff claimed ATKIN’S products contained deceptive labeling using the term “NET CARBS” and a calculation that clearly misled consumers as to the Blood Sugar effect of the products.

 

GLYCEMIC RESEARCH INSTITUTE® POSITION ON CERTIFYING PRODUCTS WITH “NET CARBS”

 

Regarding the term “NET CARBS” on food, beverage or nutraceutical labels, the Glycemic Research Institute® (GRI) will defer to the Food & Drug Administration (FDA) and the American Diabetes Association® positions on “NET CARBS” and cannot certify any product that utilizes “NET CARBS” on products submitted to GRI.

 

The full statement from the American Diabetes Association® can be seen below:

AMERICAN DIABETES ASSOCIATION:

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“NET CARBS” DO NOT HAVE A LEGAL DEFINITION – AND ARE NOT USED BY THE FOOD & DRUG ADMINISTRATION (FDA) OR RECOGNIZED BY THE AMERICAN DIABETES ASSOCIATION”

 

What are “Net Carbs"?

 

While you might see it on some food packaging, the term “net carbs” does not have a legal definition and is not used by the Food and Drug Administration or recognized by American Diabetes Association.

 

The FDA recommends using total carbohydrates on the nutrition facts label.

 

“Net carbs” are determined by subtracting any fiber or sugar alcohols on the label from the total carbohydrates.

 

This is assuming that fiber and sugar alcohols are not absorbed or metabolized, but this is not always true, and some are partially digested and therefore still provide calories as well as impact BLOOD GLUCOSE. [PER THE GLYCEMIC RESPONSE]

 

The equation used to calculate net carbs is not entirely accurate because the contribution of fiber and sugar alcohols to total carbohydrates depends on the types present.

 

The type of fiber or sugar alcohols used is not indicated on the nutrition facts label, therefore the effect on blood glucose and possible insulin therapy adjustments cannot be determined precisely.

 

For this reason, we recommend using the total grams of carbohydrate and closely monitoring your blood glucose when consuming foods high in fiber or sugar alcohol to determine how they affect your body. FROM THE AMERICAN DIABETES ASSOCIATION

 

Note from GRI: In Canada, the regulatory agencies have prohibited any claims regarding the effects or actions of NUTRIENTS, particularly carbohydrates, unless specifically provided for (with valid research provided).

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