US FDA – Guidance on the use of term “evaporated cane juice”

The U.S. Food and Drug Administration (FDA) released a final guidance for industry stating FDA’s view that sweeteners derived from sugar cane should not be declared on food labels as “evaporated cane juice”.

The FDA’s view is that the term “evaporated cane juice” is false or misleading because it suggests that the sweetener is fruit or vegetable juice or is made from fruit or vegetable juice, and does not reveal that the ingredient’s basic nature and characterizing properties are those of a sugar.

The FDA encourages firms that market sugar cane-derived sweeteners or products that contain a sugar cane-derived sweetener to review the final guidance and consider whether their labeling terminology accurately describes the basic nature and characterizing properties of the sweetener used. The guidance recommends that ingredients currently labeled as “evaporated cane juice” be relabeled to use the term “sugar,” optionally accompanied by a truthful, non-misleading descriptor to distinguish the ingredient from other cane-based sweeteners.

The ingredient was at the center of several class actions and court cases. See more, for example, at the following links:

https://foodlawlatest.com/2014/05/14/evaporated-cane-juice-figy-v-lifeway-foods-arnie-friede-comments/

http://www.allaboutadvertisinglaw.com/2016/03/ninth-circuit-stays-class-action-food-labeling-lawsuit-until-the-fda-completes-review.html

http://www.huffingtonpost.com/entry/whole-foods-sued-for-misleading-sugar-claims_us_55a01e1de4b0a47ac15c8b48

Food recalls in EU – Week 43/2015

This week on the EU RASFF (Rapid Alert System for Food and Feed) we can find the following notifications:

1. Alerts followed by a recall from consumers:

2. Information for attention/for follow up followed by a recall from consumers:

3. Alerts followed by a withdrawal from the market:

4. Seizures:

5. Border rejections:

  • absence of health certificate(s) for roasted groundnuts from India
  • acetamiprid (0.726 mg/kg – ppm) in sweet peppers from Turkey
  • aflatoxins (B1 = 17.1; Tot. = 19.2 µg/kg – ppb) in dried whole red chillies from India
  • aflatoxins (B1 = 4.2 µg/kg – ppb) in blanched groundnuts and groundnuts (B1 = 13; Tot. = 15 / B1 = 38; Tot. = 45 µg/kg – ppb) from China
  • aflatoxins (B1 = 56.1; Tot. = 124 µg/kg – ppb) in hazelnut kernels from Georgia
  • aflatoxins (B1 = 8.6; Tot. = 26.3 µg/kg – ppb) in dried figs from Turkey
  • prohibited substance nitrofuran (metabolite) nitrofurazone (SEM) (> MRPL) in salted sheep casings from Turkey
  • propargite (0.041 mg/kg – ppm) in frozen strawberries from Egypt
  • propargite (0.24 mg/kg – ppm) and tetradifon (0.12 mg/kg – ppm) in dried tomatoes from Tunisia
  • Salmonella (presence /25g) in betel leaves and sesame seeds from India
  • sweetener E 950 – acesulfame k and sweetener E 955 – sucralose unauthorised and unauthorised use of colour E 110 – Sunset Yellow FCF in various snacks from the United States
  • unauthorised food additive E 572 – magnesium stearate and unauthorised use of colour E 110 – Sunset Yellow FCF in various confectionery from the United States
  • unathorised E 425 – konjac in water jelly from Taiwan
  • unauthorised use of colour E 102 – tartrazine in plantain flour from Ghana
  • unauthorised novel food ingredient Epimedium in food supplement