August 15, 2016

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Vending Machine Calorie Labeling 


The FDA has posted “Calorie Labeling of Articles of Food in Vending Machines; Draft Guidance for Industry” for publication in tomorrows, August 16th, Federal Register. The PDF text is available.

Food and Drug Administration

The rule requires vending machine operators who own or operate 20 or more vending machines, or who voluntarily register with FDA to be covered, to declare calories for those vending machine foods for which the Nutrition Facts label cannot be examined before purchase or for which visible nutrition information is not otherwise provided at the point of purchase. Covered vending machine operators must comply with the rule by December 1, 2016.

May 20, 2016

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FDA Finalizes new Nutrition label rules.

The countdown begins.  You have two years and sixty-seven days to be compliant.  Manufacturers will need to use the new label by July 26, 2018. If you have less than $10 million in annual food sales, you have an additional year.

These changes affect both foods and dietary supplements.


The FDA finalized the new Nutrition Facts label for packaged foods to reflect new scientific information, including the link between diet and chronic diseases such as obesity and
heart disease. The new label will make it easier for consumers to make better informed food choices.


Source: Labeling & Nutrition > Changes to the Nutrition Facts Label

May 19, 2016

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First states. Now cities are regulating Food labeling 

States, like Vermont’s GMO Law,  and California’s Prop 65, passed laws that impact everyone.  But now San Francisco, looks like it can start regulating sugar-sweetened beverages.  What next?

Association of National Advertisers

Insert quote here

Ninth Circuit Court Judge Edward Chen has issued a decision in the American Beverage sugar-sweetened beverage case to deny preliminary injunctive relief. The case revolves around a San Francisco ordinance requiring a major health warning on ads for certain sugar sweetened beverages that would take up 20% of the ad space.

Source: Fight against Mandated Disclosures Takes a Hit | Regulatory Rumblings | Blogs | ANA

April 25, 2016

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Books on FDA Food and Supplement Label Regulations

Books on Food and Supplement Labels


There are a handful of books on FDA label regulations. But, we always recommend consulting the the FDA website first for the most up-to-date information.

Book ImageBook details

Food Labeling Compliance Review

4th ed, July 31, 2007 by James Summers

Food Law and Regulation for Non-Lawyers: A US Perspective

A Food Science Text Series, 2015th Edition by Mark Sanchez Esq.

Food Law in the United States Paperback

January 14, 2016 by Michael T. Roberts

Dietary Supplement Labeling Compliance Review

3rd Edition, May 31, 2004 by James L. Summers

“PRE-ORDERFood Regulation: Law, Science, Policy, and Practice

2nd Edition, November 21, 2016, by Neal D. Fortin

April 22, 2016

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Are website ‘Meta tags’ label claims?

829_3910778FDA warning letters are good resources for learning about food label regulations. They very clearly give examples on what causes ‘mislabeling.’ One such recent FDA warning letter makes many references to “metatags.”  What is a meta tag?

According to WhatIs.Com:

“A meta description tag is a snippet of…code in a web page…that summarizes the content that is on the web page. The meta description is usually placed after the title tag and before the meta keywords tag. When optimizing a web page for search engines (SEO), it is considered a best practice to use meta description tags.”

Although meta tags are hidden from plain sight, it’s clear they are claims. — As the FDA points out in this case:

metatags [sic], which are used to bring consumers to your website, also include claims for…  Alzheimer’s… glaucoma… impotence… mononucleosis… asthma… bed sores… benign prostatic hyperplasia… berberi… blood clot… chlamydia… ”  and the list of meta tags goes on.

Examples of some of the labeling claims that provide evidence that your products are intended for use as drugs include…meta tags

So if you are going to use meta tags, on you website then treat them as if they were visibly printed on the actual product label because the FDA considers your website – even the stuff that’s hidden from plain sight – as part of your label and demonstrates intentions.


April 14, 2016

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Labeling for Plastic Packaging Recycling

Have questions about plastic containers and recycling? Look no further than “Recycle Your Plastic.”  The site from the American Chemistry Council is a wonderful educational outreach program, that provides great information for both industry and the consumer.  No matter your perspective they provided the  information you need:


With 2.8 billion pounds of plastic bottles were recycled in the United States in 2012, and a recent national reportfound that 94 percent of Americans can recycle plastic bottles in their community (full report here). Lets see if we can help make it 100% recycling.