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Judges Ask FDA: What is “Natural”?
August 26, 2010By Ricardo Carvajal –
In several cases that challenge food marketers’ use of the term “natural” in labeling and advertising, the presiding judges have recently opted to suspend proceedings and seek an administrative determination from FDA as to whether high fructose corn syrup ("HFCS") qualifies as a “natural” ingredient (see, e.g., Holk v. Snapple Beverage Corp., D.N.J., No. 07-3018(MLC)). One case also raises the same question with respect to citric acid (Ries v. Hornell Brewing Co, Inc., N.D. Cal., No. 10-1139 (JF)).
It is too soon to know whether FDA plans to respond to these requests, but any response by FDA that sheds additional light on its interpretation of “natural” is bound to be closely parsed by industry. Two years ago, staff at FDA/CFSAN set off a small firestorm when they stated in response to a request from the trade press that foods containing HFCS cannot properly be labeled as “natural.” Subsequently, the agency refined its position and stated that it might be appropriate to label foods containing HFCS as “natural,” depending on how HFCS is produced – including whether the acids used in the production of HFCS fit within the agency’s policy on “natural.” For more insight on the controversy over "natural" and other "green" claims, see here.
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- Clear that Cabinet Tour ‘24 April 18, 2024
- The Fourth Circuit Upholds CMS’ Definition of “Line-Extension Drug” and “New Formulation” April 17, 2024
- Does the Drug Shortage White Paper Fall Short? April 9, 2024
- OPQ’s 2023 Annual Report: an Upbeat Review of CDER’s Quality Efforts April 8, 2024
- FDA Tells Congress What It Wants, What it Really Really Wants (it really really really wants a zigazig-ah) April 3, 2024
- Big Molecule Watch Blog
- Bloomberg BNA Health Care Blog
- Drug and Device Law Blog
- Eye on FDA
- FDA Matters
- Harvard Law Bill of Health
- IN VIVO Blog
- Internet Drug News.com
- Lachman Consultants Blog
- Medical Devices Today
- Orange Book Blog
- The Orange Book Insights Blog
- Pharma IQ
- Pharmalot
- SCOTUS Blog
- The Volokh Conspiracy
- WLF Legal Pulse
- Advertising and Promotion (Federal Trade Commission)
- Advertising and Promotion (OPDP)
- Animal Drugs and Feeds
- Biosimilars
- Cannabis
- cGMP Compliance
- Consumer Product Safety Commission
- Controlled Substances
- Cosmetics
- COVID19
- Current Affairs
- Dietary Supplements
- Drug Development
- Drug Enforcement Administration
- Enforcement
- FDA News
- Foods
- Foods and Dietary Supplements
- Fraud and Abuse
- Government Pricing
- Hatch-Waxman
- Health Care
- Health Privacy
- Import/Export
- In Vitro Diagnostic Devices
- Jobs
- Medical Devices
- Miscellaneous
- Orphan Drugs
- OTC Drugs and Cosmetics
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- Product Jurisdiction and Combination Products
- Reimbursement
- Tissue Products
- Tobacco
- Uncategorized