01.06.10
Responding to an increase in the marketing of beverages as dietary supplements—despite packaging and labeling that represents conventional foods—FDA has issued a guidance to the industry about distinguishing between dietary supplements and beverages. FDA considers a liquid product’s name, packaging, serving size and recommended conditions of use, as well as other representations about the product, to be important determinants of whether the product is represented as a conventional food and may not be marketed as a dietary supplement. The agency noted growth in the marketplace of beverages and other conventional foods that contain novel ingredients, such as added botanical ingredients or their extracts. Some of these ingredients have not previously been used in conventional foods and may be unapproved food additives, according to FDA. In addition, ingredients that have been present in the food supply for many years are now being added to beverages and other conventional foods at levels in excess of their traditional use levels, or in new beverages or other conventional foods. This trend raises questions regarding whether these ingredients are unapproved food additives when used at higher levels or under other new conditions of use, the agency’s guidance stated.