On April 10, 2015, the State of New York Office of the Attorney General issued a warning letter to Snap Infusion LLC regarding their product “SmartCandy.” The letter expressed concern that SmartCandy may violate the U.S. Food and Drug Administration (FDA) fortification policy. The FDA fortification policy states that FDA does not consider it appropriate to fortify sugars or snack foods such as candies because random fortification of foods could “result in over- or underfortification in consumer diets” and “result in deceptive or misleading claims for certain foods.”
SmartCandy, which was launched on February 3, 2015, is marketed as “a vitamin infused snack” and “an excellent source of vitamins A+B+C”. The Attorney General warning letter states that “these claims can only be based on added vitamins, not the fruits prominently depicted on the SmartCandy packaging but absent from the list of ingredients.”
It will not be surprising if FDA joins the Attorney General in warning Snap Infusion LLC about its SmartCandy. FDA has warned candy companies about violating its fortification policy in the past. In 2011, FDA issued a warning letter to Goetze’s Candy Co., Inc. because the company claimed its Caramel Creams Double Chocolate was fortified with calcium. In 2012, FDA issued a warning letter to The Hershey Company for marketing its Hershey’s Syrup + Calcium and Hershey’s Syrup Sugar Free with Vitamin & Mineral Fortification. FDA gave Goetze’s and Hershey 15 days to respond to their warning letter with a plan to correct the violations and warned that failure to take prompt action could subject the companies to further regulatory action, including seizure and injunction. Snap Infusion LLC would likely be subject to the same consequences.
FDA’s food labeling requirements are strict and extensive, so it’s prudent to have a specialist review a product’s labeling and promotional materials before marketing. Registrar Corp can review food labels for FDA compliance, including nutrient and other claims made. Registrar Corp Label and Ingredient Review Specialists scrutinize every element of a label and measure it up to the Code of Federal Regulations, warning letters, and other regulatory documents. For assistance with FDA food labeling requirements, contact Registrar Corp at +1-757-224-0177 or chat with a Regulatory Advisor 24 hours a day at www.registrarcorp.com/livehelp.