FDA Guidance on ECJ Labeling to Appear in 2016

The U.S. Food and Drug Administration (FDA) has told a California
federal court that the agency will not issue guidance until 2016 about
the use of “evaporated cane juice” (ECJ)—which plaintiffs nationwide
assert is merely sugar—on food and beverage labeling. Swearingen v.
Late July Snacks LLC, No. 13-4324 (N.D. Cal., agency letter filed July 13,
2015); Swearingen v. Healthy Beverage LLC, No. 13-4385 (N.D. Cal.,
agency letter filed July 13, 2015). The court issued an order in May 2015
requesting FDA to indicate whether the agency would issue guidance
within 180 days.

“FDA is actively working on a final guidance to address this issue,”
Associate Commissioner for Policy Leslie Kux writes. “However, because
of competing priorities, FDA cannot commit to issuing a decision within
180 days. . . . We have received a substantial number of comments and
extensive amounts of supporting materials. FDA is obligated to review
and consider all of this material under its GGP regulation before issuing
final guidance . . . . The Agency currently anticipates that a final guidance
will issue before the end of 2016.”

Issue 573