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Volume 15, Number 7 - July 2015

Greetings from Food Label News! This month brings caution about the potential risk and cost of FDA warning letter, more about % Daily Values for protein in Canada and the U.S., and the Food Label Community discussions on LinkedIn. Read on to learn more and let us know what you'd like to know more about. Happy July 4th to our readers in the U.S.

In this issue you'll find:

 

"You people do great work, and you are pleasant to work with! Thank you."

– Gustavo Garcia
Empagran

Beware: Warning Letters Cost More Than You May Think

What's News in the Food Label Community

Reader Q&A: % Daily Value for Protein in Canada

 

Karen C. Duester, President


Beware: Warning Letters Cost More Than You May Think

Who regulates food labels? Most know that FDA and USDA play an important role in enforcement of the regulations cited in the Code of Federal Regulations. Many know that U.S. Customs, Federal Trade Commission, and state and local inspectors play a role too.

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Reducing Your Regulatory Risk

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Often overlooked, however, are customers, competitors, the media, consumer interest groups, and plaintiff lawyers on the hunt for class action lawsuits. Any of these groups can pounce when they get wind that you've been presented with a warning letter from FDA or another governing body. Your risk of garnering unwanted attention increases exponentially.

An example of this occurred in April 2015 when KIND received an FDA warning letter that resulted in several class action lawsuits almost immediately. The lawyers' issue: consumers' potential harm due to labeling missteps the company had made.

It's clear that attention from FDA in the form of a warning letter is only the beginning of a company's regulatory risk. For more on this topic, see Food Label Community.

To lower your likelihood of an FDA warning letter and the potential onslaught of negative publicity, ensure your regulatory review process is comprehensive – including not only the federal requirements but also "hot buttons" with consumer interest groups, media, and plaintiff attorneys. This is the only way to mitigate your potential risk.


What's News in the Food Label Community

FDA: Partially hydrogenated oils are not GRAS (17+ comments)

Citations for structure/function claims (9+ comments)

Ingredient labeling for modified food starch (17+ comments)

Ferric oxide as a color additive (10+ comments)

"May Contain" allergen labeling statements  (9+ comments)

Join Food Label Community. Already a member, view Discussions.

Reader Q&A

Find answers to our readers' questions or send us your question for an upcoming issue.

Q.

Last month you covered % Daily Value for Protein in U.S. Are there differences for Canada?  
L.F., Germany, Cereal Manufacturer

A.

Canada does not use a % Daily Value for Protein. In order to make any type of protein claim in Canada, the food must have a Protein Rating of at least 20, and varies depending upon the level of the claim.
Read more for Canada
Read more for U.S.


What Matters in Food Labeling

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