At the end of November, 2014, the Food and Drug Administration (FDA) began requiring restaurants and vending machine companies to label foods for nutritional value. At first glance, this requirement may not seem like a significant legal issue, but in light of a recent investigation, perhaps there is more than meets the eye.
In March, 2015, the FDA issued a warning letter to a New York company called Kind, LLC
The company manufactures healthy snacks, and the FDA warned that the company’s labeling failed to meet FDA labeling requirements for its products: Kind Fruit & Nut Almond & Apricot, Kind Fruit & Nut Almond & Coconut, Kind Plus Peanut Butter Dark Chocolate + Protein, and Kind Plus Dark Chocolate Cherry Cashew + Antioxidants.
The labeling on these snacks violated the Federal, Food, Drug, and Cosmetic Act. Some of the words used in advertising the product included “healthy and tasty,” “convenient and wholesome,” “good source of fiber,” “no trans fats” and “very low sodium.” The FDA maintains strict percentage standards for certain nutrients to be called “no trans fats” or “antioxidant rich” and “very low sodium.”
The following was an example of how product labeling was inconsistent with FDA standards. To meet a claim of “healthy,” foods must conform to the standards set forth in 21 Code of Federal Regulations (CFR) 101.65(d)(2) . “Low saturated fat” is a fat content of one gram or less and with no more than 15 percent of the calories in the food derived from saturated fat. The Kind, LLC products had 3.5 grams of saturated fat, not one gram or less.
This was just one of a number of violations and the warning letter gave Kind, LLC 15 days to respond and explain the actions being taken to correct each of the violations listed.
In the sea of regulations and laws that businesses must comply with today, it is vital to have an employment law attorney to consult with and receive help from with legal issues, whether involving regulatory agencies or employees. The best defense is always preventative in nature.
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