The National Consumers League has sent a letter to the Food and Drug Administration (FDA) urging the agency to issue industry guidance in a renewed effort “to prevent consumers from being misled by the deceptive labeling of tomato products remanufactured from concentrate.”

According to the league, it initiated efforts in 1990 that led the government to define the term “fresh” and require manufacturers to differentiate products prepared directly from fresh ingredients and those made from concentrate. The organization contends that “the marketplace once again is littered with false and misleading labels for tomato products claiming to be packed or made directly from fresh
tomatoes.”

The letter claims that food companies are misleading consumers by using phrases such as “packed full of premium vine-ripened tomatoes,” “packed from 100 percent California tomatoes” and “picks the freshest tomatoes,” to describe products “made from industrial tomato concentrate.” Citing FDA regulations requiring “from concentrate” or “reconstituted” to be used on fruit and vegetable juices and juices made
from concentrate, the league asks FDA to extend these requirements to specifically include remanufactured tomato products. The agency is also asked “to take swift and decisive enforcement action against false or misleading label claims for tomato products made from concentrate.”

The National Consumers League provided copies of the letter to the attorneys general of 20 states and the District of Columbia. See NCL Press Release, December 11, 2009.

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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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