According to documents obtained by Associated Press reporter Thomas Watkins, the Food and Drug Administration (FDA), which is currently considering a Corn Refiners Association petition to allow high-fructose corn syrup (HFCS) to be called “corn sugar,” has written to the association indicating concern with the trade group using the terms interchangeably. In the July 12, 2011, letter, an FDA director reportedly stated, “We request that you re-examine your websites and modify statements that use the term ‘corn sugar’ as a synonym for (high fructose corn syrup).”

On behalf of the association, Audrae Erickson reportedly stated, “We do
not believe that anyone could be confused or believe that the statements
regarding ‘corn sugar’ on the websites refer to anything other than high
fructose corn syrup.” Watkins notes that FDA has no regulatory authority
over the association’s advertising because it promotes an industry and not
a product. The FDA letter apparently indicated that the agency may bring
enforcement actions against food companies that begin listing HFCS as “corn
sugar.” Referring to internal FDA documents, Watkins suggests that the agency
is skeptical of a name change, although, when asked to comment, an agency
spokesperson said nothing should be inferred from them about a ruling on
the petition.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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