Nutrition Labeling and Education Act of 1989

Nutrition Labeling and Education Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to deem a food misbranded unless its label states: (1) the serving size or other unit of measure customarily used; (2) the number of servings or other units per container; (3) the number of calories per serving and derived from total fat and saturated fat; and (4) the amount of total fat, saturated fat, unsaturated fat, cholesterol, sodium, total carbohydrates, complex carbohydrates, sugars, total protein, and dietary fiber per serving or other unit. Authorizes the Secretary of Health and Human Services to require additional label information.

Exempts from the labeling requirements: (1) raw agricultural commodities, provided the same information is provided by the seller to the consumer in a manner prescribed by the Secretary; (2) food which is sold for immediate consumption at the place of sale; and (3) food which is processed and prepared in a retail establishment and is not for immediate consumption in the retail establishment.

Directs the Secretary to contract with the National Academy of Sciences (NAS) to prepare a report making recommendations regarding the manner of the labeling. Directs the NAS to prepare the report within a specified period after execution of the contract.

Deems a food misbranded if a claim is made which characterizes the amount of its calories, total fat, saturated fat, cholesterol, sodium, total carbohydrates, complex carbohydrates, sugars, total protein, or dietary fiber (constituents), unless: (1) the claim uses terms defined in regulations of the Secretary; and (2) the food contains the constituents in amounts which reduce dietary risk to persons in the general population.

Deems a food misbranded if a claim is made which characterizes the relationship of its constituents to a disease or a condition unless: (1) the claim is made in accordance with regulations of the Secretary; and (2) the food contains the constituents in amounts which reduce dietary risk to persons in the general population. Allows the Secretary to authorize only those claims, regarding a relationship of constituents to a disease or condition, for which there is a scientific consensus.

Allows proceedings for the enforcement, or to restrain violations, of the amendments made by this Act to be brought in the name of a State in which the food that is the subject of the proceedings is located (in addition to the existing authorization to bring such actions to enforce the FDCA in the name of the United States).

Exempts a food which makes a claim which characterizes the relationship of its constituents to a disease or a condition in accordance with the requirements of this Act from the definition of the term "drug" in the FDCA.