FDA Ponders the Nature of Nutella®

The U.S. Food and Drug Administration (FDA) has requested public input on how consumers use “flavored nut butter spreads and products that can be used to fill cupcakes and other desserts,” as part of its effort to establish a reference amount customarily consumed (RACC) and serving size for these products. Responding to a March 4, 2014, citizen petition filed by Nutella® manufacturer Ferrero Inc., which asked FDA to re-categorize nut cocoa-based spreads as a breakfast condiment similar to “honey, jams, jellies, fruit butter, [or] molasses” as opposed to a dessert topping, the agency notes that it has since updated certain RACCs and needs additional data “to determine the customary consumption amounts of and appropriate product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored).”

To decide if it needs to create a new RACC category for these products with a serving size of 1 tablespoon, FDA seeks responses to the following questions: (i) “What is the major intended use of flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)?;” (ii) “What other products on the market, if any, are similar to flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)?”; and (iii) “What product characteristics make these products similar? What dietary usage makes these products similar? Which product categories do flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored) compete with or take market share and volume from? What data and information are available regarding the customary consumption amounts and product category for these similar products?” In addition, FDA has asked similar questions about “products used as fillings for cupcakes and other desserts, such as cakes and pastries.” FDA will accept data and comments until January 3, 2017. See Federal Register, November 2, 2016.

Issue 621