U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb issued a statement providing an update on how mandated added-sugar labeling will affect honey and maple syrup. "We recognized that this new labeling information on 'packaged as such' products may inadvertently lead consumers to think their pure products, such as a jar of honey or maple syrup, may actually contain added table sugar or corn syrup because there are 'added sugars' listed on the label," Gottlieb notes. FDA previously proposed the use of an additional disclosure for honey and maple syrup products, but "the more than 3,000 comments we received on the draft guidance indicate that there are further opportunities to update our proposed approach," according to the press release. Gottlieb indicated that final guidance will be released in 2019. "This guidance will provide a path forward for pure, single-ingredient 'packaged as such' products that does not involve the standard 'added…
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A California federal court has dismissed a consolidated putative class action alleging that Quaker Oats falsely advertised breakfast cereals as containing maple syrup or sugar, holding that the claims were preempted by the Food, Drug and Cosmetic Act (FDCA) and the Nutritional Labeling and Education Act amendment (NLEA), despite a “maple syrup” exception that allows states to regulate maple syrup. In re Quaker Oats Maple & Brown Sugar Instant Oatmeal Litig., No. 16-1442 (C.D. Cal., entered October 10, 2017). The plaintiffs asserted that the NLEA’s preemption provision contains an exception for state laws applicable to maple syrup. The court disagreed, holding that each of the subsections of the exception permit states to regulate what kinds of products may be sold as maple syrup and that the plain language of the subsections did not permit a broader reading to cover “any claim relating to maple syrup.” If Quaker uses the word…
A New Jersey federal court has transferred to California a lawsuit alleging that The Quaker Oats Co. misleads consumers with the packaging of its Maple & Brown Sugar oatmeal product because it does not contain maple syrup or maple sugar. Gates v. Quaker Oats Co., No. 16-1944 (D.N.J., order entered August 3, 2016). The complaint “makes essentially identical allegations against Quaker” as three other putative class actions pending in other federal courts, the court notes, including the first-filed case in California. The Judicial Panel on Multidistrict Litigation denied an Illinois plaintiff’s request to consolidate the cases into multidistrict litigation, but the panel suggested that the other parties transfer their lawsuits to California to streamline the process. Quaker moved to transfer the case from New Jersey to California, and the plaintiff did not oppose; accordingly, the court granted the motion to transfer. Issue 614
A California resident has filed a putative class action alleging Quaker Oats Co. mislabels its instant oatmeal as containing maple syrup despite containing no syrup or maple sugar. Eisenlord v. Quaker Oats Co., No. 16-1442 (C.D. Cal., filed March 1, 2016). Citing a letter from the Vermont Maple Sugar Makers’ Association to the U.S. Food and Drug Administration, the complaint asserts that adding maple sugar to a product can allow a company to charge a premium price. The plaintiff argues that he relied on the name of the product and a prominent image of maple syrup on the packaging to believe that the oatmeal contained maple syrup, and had he known “that the product did not contain maple syrup or maple sugar as an ingredient, he would not have purchased it.” For allegations of fraudulent inducement and violations of California’s consumer-protection statute, the plaintiff seeks class certification, damages, an injunction…
Led by the Vermont Maple Sugar Makers’ Association (VMSMA), the maple syrup industry has penned a February 15, 2016, letter asking the U.S. Food and Drug Administration (FDA) to take enforcement action “concerning misrepresentative labeling of food products whose labels incorrectly indicate the presence of maple syrup.” The signatories—which include the International Maple Syrup Institute and North American Maple Syrup Council, as well as several state organizations—identify several instant oatmeal, natural sweetener and other products that allegedly violate Food, Drug and Cosmetic Act regulations by using the word “maple” in their product descriptions without containing maple syrup. Drawing parallels to the agency’s conclusion that Hampton Creek’s Just Mayo® eggless sandwich spread was mislabeled because “mayo” has “long been used and understood as shorthand or slang for mayonnaise,” the letter argues that the term “maple” “has long been used and understood to refer to ‘maple syrup.’” As VMSMA opines, “This unchecked…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has proposed revisions to the U.S. Standards for Grades of Maple Sirup in response to a 2011 petition submitted by the International Maple Syrup Institute (IMSI). Arguing that “consumers currently face a patchwork of grading systems in the United States that are confusing,” IMSI has reportedly asked AMS to implement new standards under which “the grade of a sample unit of maple syrup would be determined using the factors of color, flavor, odor, damage, and turbidity (cloudiness).” In addition to changing the spelling of “sirup” to the more common “syrup,” the agency would recategorize Grade B syrup “containing no damage or off-flavors” as Grade A “to allow the darker syrup to be sold at the retail level.” The revised standards would further divide Grade A into the following flavor and color classes: (i) U.S. Grade A Golden (delicate taste, ≥75.0…
Following up its testing of soft drinks for the caramel-coloring ingredient 4-methylimidazole (4-MEI) by testing for its presence in pancake syrups, Consumer Reports tested several products, including pure maple syrup which had just 0.7 micrograms in a one-quarter cup serving, and found relatively low levels in light of the amount of syrup generally consumed in the United States. Still, because 4 percent of children between the ages of 1 and 5 consume pancake syrup daily, Consumer Reports claims “the [cancer] risk would be 10 times higher than negligible, or one excess case of cancer in 100,000 people who ate that amount daily over a lifetime, that’s the point where risk becomes significant.” Because some syrups tested had little 4-MEI, Consumer Reports concludes that manufacturers that use caramel color can minimize the 4-MEI levels in their products and will urge the U.S. Food and Drug Administration “to set standards for 4-MEI in…
Pinnacle Foods Group LLC has reportedly agreed to reformulate its Log Cabin Syrup® after Vermont Representative Peter Welsh (D) called on the Food and Drug Administration (FDA) to investigate the company for selling a product in apparent violation of agency regulations. Welsh’s September 8, 2010, letter noted that the company’s “All Natural Syrup” contains caramel color, among other ingredients. Welsh suggested that consumers outside the state “who have come to expect quality from natural Vermont products may be fooled by this misleading labeling.” The product is apparently being sold in a beige plastic jug similar to real maple syrup packaging, raising the ire of maple syrup producers. While FDA has not defined the term “natural,” the agency allows it to be used if the claim is truthful and “the product does not contain added color, artificial flavors or synthetic substances,” according to an agency spokesperson. Claiming that its product “provides consumers…
