Current information on efforts to amend the FPLA

This Web page is devoted to the latest information on amending the Fair Packaging and Labeling Act (FPLA) to add an option for labels containing only metric measurements. Among other things, this would help American companies in complying with the European Union deadline requiring metric-only labeling on packages at the end of 2009.

According to the NIST Laws and Metric Group Leader:

(In a statement posted on the USMA Listserver on 25 August 2005)

The proposal to amend FPLA has not been introduced through the Department of Commerce primarily because we have not been successful in persuading the Food Marketing Institute (FMI) to drop its opposition to voluntary metric only labeling. Because FMI is adamant in its opposition (and it is very influential in D.C.) it is unlikely that we will be successful at getting the proposal submitted to Congress in the foreseeable future. I must add that we have not been successful in gaining widespread support for the proposal from other industrial organizations either.

We have met with several associations of manufacturers and have been in contact with the major standards organization and none has expressed a willingness to publicly support the proposed amendment. We have also met with several major retail and food corporations and while they responded that they do not oppose the amendment they are not willing to publicly support it. Except for Krogers, which has publicly opposed the amendment at the two forums we have held, the universal response from retailers is that they support voluntary metric only labeling but they do not want to provide letter or take any other "out-front" public position in support of a metric issue. While I fully respect industry's position you know and I know that Congress will not move forward on the basis of neutral "support." Since most of the companies we contact say they are neutral on the issue that should be taken as a positive sign. That alone however will not overcome the strength of FMI's opposition.

As you know, I have to work through the system since as a Federal employee I am forbidden from personally contacting or lobbying Congress however, I will continue to work on this effort everyday and will do so until we see FPLA amended. This is the only way it will happen unless a trade association or an individual approaches their Congressman or Senator and persuades them to introduce the amendment on their own.

I will continue to keep you informed of our efforts. Please contact me for further information or assistance.

Kenneth S. Butcher, Group Leader
National Institute of Standards and Technology
Weights and Measures Division
Laws and Metric Group
100 Bureau Drive - Mail Stop 2600
Gaithersburg, Maryland 20899-2600

Where to find more on the issue

NIST Information on Permissible Metric-Only Labeling

The issues surrounding “why” the amendment is needed, the current situation, and the impact of metric-only labeling is contained in the NIST report Permissible Metric-Only Labeling. This report includes the text of the proposed FPLA amendment; see section V (pages 17–18) and Appendix B (pages 21–26). The amendment is also shown in the text of the law on USMA's Fair Packaging and Labeling Act page.

An older but briefer summary of the issues is available in Updating the U.S. Fair Packaging & Labeling Act (FLPA).

NIST's Forum on Permissible Metric-Only Labeling has the full set of documents on the issue, including those mentioned above.

Existing laws: the FPLA and UPLR

The USMA laws section contains pertinent information on the FPLA.

The Uniform Packaging and Labeling Regulation (UPLR) has already been amended to allow the metric-only option, and since that's the basis for many state laws, it means that many states already have amended their labeling laws to add the option for metric-only labels. Thus, amending the FPLA would merely extend the option to items that are regulated at the federal, rather than state, level. It's not a new idea, and state legislators have already considered and approved of the idea, so it's just a matter of accepting the states' desires within federal law. For the status of state adoption of UPLR regulations, see http://www.metricmethods.com/UPLR.html.

National Association of Manufacturers

The National Association of Manufacturers (NAM) favors amending the FPLA to permit metric-only labels. See the last paragraph of this NAM policy paper for their statement.

Food Marketing Institute

The Food Marketing Institute (FMI) Website contains information on Weights and Measures.

How to contact your legislators

Use USMA's information on How to contact your legislators.

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