NYAG and FDA Agree

By Curtis Walcker, M.S.
April 21, 2015

LawThe FDA posted a new Warning Letter on their site today. The recipient was Yummy Earth Inc., located in New Jersey. It was instantly interesting because this is the second week in a row that the FDA has cited violations for misusing “healthy” nutrient content claims. This new beginning trend started with last week’s letter to KIND, LLC, which has received a considerable amount of attention in the press.

However, there was another interesting violation cited in the Yummy Earth Warning Letter. The company was making an implied nutrient content claim for the amount of vitamin C contained in their YumEarth Organics organic pops. The FDA went on to explain that the ascorbic acid added to their product was not consistent with the fortification policy in 21 CFR 140.20, which states that the FDA does not consider the fortification of snack foods such as candies appropriate.

In another recent warning letter of sorts, the New York Attorney General’s Office sent a letter to Snap Infusion LLC, in Massachusetts, who markets a vitamin-infused snack called SmartCandy. Although NYAG’s office had multiple serious concerns about this product, 21 CFR 140.20 was again cited. Nutrient content claims were also being made here for several vitamins.

To read the Warning Letter to Yummy Earth Inc:
http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm442130.htm

To read the letter from the NYAG’s Office to Snap Infusion LLC:
https://www.truthinadvertising.org/wp-content/uploads/2015/04/smartcandy-letter.pdf

To read the fortification policy per 21 CFR 140.20:
http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=104.20

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