When a food or beverage (including some alcohol beverages) label falls within the jurisdiction of the Food and Drug Administration (“FDA”), there is generally no pre-market label approval system. This means that a food or beverage label can enter into the market without obtaining approval or even review from the FDA. The lack of pre-market review greatly increases the chance that a label may be missing mandatory information, misleading, or simply wrong. It can be risky for a food company to go to market without having its label or labels reviewed by a professional.
FDA regulations governing food products are tricky, long, and complicated, especially for companies that are new to the food and beverage sector. A product that is mislabeled could end up costing your company more money in the long run than hiring a professional to review the label prior to entering the market. The FDA regularly issues warning letters and product recalls to companies whose labels the agency has reviewed in the marketplace and that the agency considers to be wrong or inaccurate. Companies can be forced to incur relabeling costs, to pull products from the market, and/or to destroy products.
For more information about this topic, contact Lindsey Zahn.