Prepared Foods - September 2008 - (Page 45)

regulations Supplement Labeling Mark S. Hostetler, Husch Blackwell Sanders LLP DA has issued guidance for industry in the form of a Q&A addressing “high potency” and “antioxidant,” while clarifying the meaning of 21 CFR 101.60 relating to the use of “sugar-free” claims on dietary supplement labeling. The guidance, “A Small Entity Compliance Guide,” is straightforward and easily accessible to persons or companies wanting to make a claim at www. cfsan.fda.gov. While the definitions may tend more toward the supplement category, the guidance and the definitions are applicable to use of the terms in the labeling of conventional foods as well. The guidance should be read and applied in conformity with 21 CFR 101.54. F Marketing to Children The Federal Trade Commission (FTC) has issued “Marketing Food to Children and Adolescents—A Review of Industry Expenditures, Activities, and SelfRegulation—A Report to Congress.” The report aggregates and summarizes the responses of 44 companies selected and required by the FTC to provide specific requests for information. As the report confirms, much is spent marketing to children and adolescents, particularly for carbonated beverages ($229 million), restaurants ($161 million) and breakfast cereals ($113 million), which comprised 63% of expenditures. These are followed by advertising for juice and non-carbonated beverages, snack foods, candy/frozen desserts, prepared foods and meals, baked goods, dairy products, and fruits and vegetables. However, when marketing expenditures devoted to youth are compared to amounts spent by the responders in total, baked goods represent the greatest proportion of total spending committed to youth advertising. On the other hand, carbonated beverages and restaurant food spending to attract youth constituted a “relatively small percentage” of those responders’ overall ad spending. The report details expenditures by activity: Traditional media. New media. ■ Packaging and in-store marketing. ■ Premiums. ■ Other traditional promotional activities. ■ In-school marketing. ■ Use of cross-promotions and celebrity endorsements. The report explored “Target Companies’ Market Research on Child and Teen Audiences,” finding: 1. “Product placement within the storyline can be highly successful in achieving product recognition, ad recall and purchase intent.” ■ ■ High-potency Claims ■ 100% (or more) of the Reference Daily Intake (RDI) per reference amount consumed (RACC) of each nutrient identified. ■ The nutrient must be named on the label. ■ A multi-ingredient product may be labeled “high potency,” if two thirds of the vitamins and minerals are present at 100% RDI (present at 2% or more). ■ For conventional foods, the fortification which supports the “high potency” claim must conform to 21 CFR 104.20. Antioxidant (Nutrient Content) Claim ■ “Antioxidant” claims may be made only for nutrients for which 21 CFR 101.9 has established an RDI, but only to those nutrients listed which have an antioxidant activity. ■ The basic nutrient content definitions apply: “excellent,” “high” and synonyms at 20%; “good,” “contains” and synonyms: 10-19% of the DRV or RDI. ■ The amount of vitamin A present determines the eligibility of beta-carotene for a nutrient content claim. ■ The antioxidant present must be identified by name in the nutrient content claim itself or elsewhere on the same panel. Sugar-free Clarification “Sugar free” and synonyms may be used on dietary supplements, when the supplement meets the “dietary usefulness” type claim criteria. ■ www.PreparedFoods.com ● September 2008 45 http://www.cfsan.fda.gov http://www.cfsan.fda.gov http://www.PreparedFoods.com

Table of Contents Feed for the Digital Edition of Prepared Foods - September 2008

Prepared Foods - September 2008 Contents Hitting the Shelves Talk Soup Why Kids Choose the Foods They Do MarketWatch Regulations Oaxaca: Land of the Seven Moles Flavor Secrets: A Touch of Garlic On the National Menu Emerging Healthy Ingredients: Staples to Stars Formulating for Texture and Viscosity R&D Applications Seminar: Tropical Fruits and Flavor Considerations R&D Applications: The Fifth Taste R&D Applications: Fiber Byproduct Adds Value Abstracts IFT Profile Fast-tracking with Fiber-ful Grains R&D Applications: Domestic New Superfruit NutraNews

Prepared Foods - September 2008

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