difficulties. When making structure/
function claims about the health benefits of antioxidants, manufacturers
must keep it to something like “helps
reduce damage from free radicals”
but not imply that free radical damage can lead to disease, like tumor
growth. A claim that antioxidants reduce inflammation (which can relate
to several diseases) crosses the line
into the disease category, and the
food would be regulated as a drug.
Manufacturers who want to mention
their clinical studies as evidence of
the effectiveness of their products
need to be careful. The titles of many
studies include disease names. These
study titles are less likely to be considered drug claims if they are not on
the label but are in accompanying
materials. However, watch what you
put on your website. In several cases,
the FDA has said that if a website is
listed on a label, then it is considered
to be part of your labeling.
ing several claims. For example, it is misleading to state that no hormones have been used if hormones are not allowed at all on the particular meat or poultry product. Hormones are approved only for use
in beef cattle and lamb production. They are not approved for use in
poultry, hogs or veal calves. Therefore, the phrase “no hormones administered” on a chicken label cannot be made unless it is followed directly with the statement “Federal regulations prohibit the use of
hormones in poultry.”
“Natural.” One of the most popular claims among food manufac-
(continued on page 47)
Other Claims
“Healthy.” Of particular concern
to organic food labelers are claims
about what it means when a food is
organic. Claims that organic food is
healthier in some way than conventional food are not allowed. Don’t say,
for example, “eat healthy; eat organic.” Your food can state that it is
organic, and if it meets the FDA definition for “healthy,” it can make this
claim. However, the message delivered by the two terms must not be
that the food is healthy because it’s
organic. It is easier to justify claims
that organic foods are produced in an
environmentally friendly manner.
Also, there is a need to be careful
about “no pesticides” types of claims.
Some NOP-approved biological-based
pesticides are allowed on some organic foods, so it needs to be determined whether “no pesticides” is
truthful.
“Hormone-Free.” When it comes
to livestock, FSIS has policies regard-