1. the word `juice` on the label which does not appear in the indication of ingredients; or Pom Wonderful LLC produces, markets and sells bottled pomegranate juice and pomegranate juice blends. The Coca-Cola Company produces, markets and sells bottled juices and juice blends under the Minute Maid brand. In September 2007, Coca-Cola began promoting its new juice blend “Pomegranate Blueberry”. This juice blend contains approximately 99.4% apple and grape juice, 0.3% pomegranate juice, 0.2% blueberry juice and 0.1% raspberry juice. The pomegranate and blueberry label shows a fruit sticker of the five fruit ingredients in the juice. Under the fruit sticker is written “Pomegranate Blueberry” and “Flavored blend of 5 juices”. The back of the bottle reads: “Minute Maid Enhanced Pomegranate Blueberry is made with a blend of apple, grape, pomegranate, blueberry and raspberry juice from concentrate and other ingredients.” 52 However, the FDA does not require warnings for juice or cider sold by the glass, such as in apple orchards, farmers` markets, street stalls, juice bars and some restaurants. (g) If the beverage is sold in packaging that does not bear an information panel in accordance with section 101.2, the percentage of juice must be displayed on the principal display panel in a font size at least equal to the font size required to indicate the net quantity of contents in accordance with section 101.7, letter I, and close to the name of the food. (2) Specify the amount of said juice specified within a range of 5 per cent (e.g., Raspberry; Raspberry and cranberry juice drink, 10 to 15% cranberry juice and 3 to 8% raspberry juice). The 5% range, if used, must be specified in accordance with Article 102.5(b)(2).
FDA regulations outline several positive requirements for juice labels, such as Coca-Cola`s pomegranate blueberry, that reflect the ingredients, flavors, and production of the beverage.3 The FDA enacted these rules to implement the Nutrition Labelling and Education Act of 1990.4 During the notice and comment period of the development of the rules, the FDA has determined that a multi-juice drink named after a flavor represented. would not necessarily be misleading if `sufficient information is provided to consumers`. Information to easily determine the type of juice present in a multi-juice drink. 5 Unlike other types of labels, for example: for drugs6, the FDA does not pre-approve juice labels in accordance with these regulations. The U.S. Food and Drug Administration (FDA) has received reports in the past of outbreaks of foodborne illness, often referred to as “food poisoning,” due to the consumption of fruit and vegetable juices and cider that has not been treated to kill harmful bacteria. (a) This section applies to all foods that purport to be a beverage containing fruit or vegetable juice (i.e. the advertising, label or labelling of the product bears the name or a variation of the name of the fruit or vegetable juice or makes any other direct or indirect representation in respect of fruit or vegetable juices); or the label or marking bears a sticker (i.e. depiction of a fruit or vegetable) or other pictorial representation of fruits or vegetables, or the product contains a colour and flavour that gives the beverage the appearance and taste of containing fruit or vegetable juice.
The drink can be carbonated or non-carbonated, concentrated, fully effective, diluted or contain no juice at all. For example, a soft drink (soda) that does not indicate by its physical characteristics, name, labelling, ingredient declaration or advertising that it contains fruit or vegetable juice claims not to contain juice and therefore does not require a percentage declaration. (d) where the drink does not meet the criteria for exemption from the declaration of total juice content referred to in point (c) of this Section and does not contain fruit or vegetable juice, but the labelling or the colour and taste of the drink represent, suggest or imply the presence of fruit or vegetable juices (e.g. the advertisement or labelling of the product bears the name: a variation of the name or pictorial representation of fruits or vegetables, or the product contains a colour and flavour that give the drink the appearance and taste of containing fruit or vegetable juice), then the label must state “contains zero (0) percent (or%) juice”. Alternatively, the label may indicate: “Does not contain (or does not contain) __ juice” or “no juice ___” or “does not contain ___ juice”, with the space filled with the name of the fruit or vegetable represented, proposed or implied, but if there is a general indication that the product contains fruit or vegetable juice, such as the presence of pulp, The field must be filled in with the word “fruit” or “vegetable” (for example, “contains no fruit juice” or “contains no fruit juice”). If the juice has been changed, the common name must include a description of the change, such as “reduced acid cranberry juice”. 12 Where the juices contained in the beverage are made from concentrate, the name must indicate this by means of terms such as `from concentrate` or `reconstituted`. 13 The report begins with an overview of the legal and regulatory context for beverage labeling, including positive requirements for beverage labels, the FDCA and Lanham Act provisions on mislabeling, and the application of these two federal statutes.