Food and Beverage News and Trends — FDA guidance ‘chaos for manufacturers’; and more

By Stefanie Jill Fogel and Mary B Langowski

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.

In 2009, the US Food and Drug Administration (FDA) told manufacturers not to use the term ‘evaporated cane juice’ on the grounds that the term could be used to conceal the fact that a product contains added sugar. The Grocery Manufacturers Association (GMA) and several industry members, in a 92-page filing at the FDA on 6 May, say the FDA’s view of that term, while expressed in good faith, has opened the industry up to lawsuits and ‘caused chaos for manufacturers’. They also assert that ‘evaporated cane juice’ is the common, defensible and acceptable name for the ingredient and should be allowed. Some companies have changed their labels in response to the FDA’s views, while others have kept the status quo until the FDA’s position is final…

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