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May 11

FDA Warns of Recall Due to Undeclared Milk Derivatives in Several Beverage Products

On May 10, 2012, the U.S. Food and Drug Administration (“FDA”) posted a press release on its website notifying consumers of a recent recall of various fruit beverages. Jonlly Fruits Inc., the manufacturer of the beverages, opted to initiate the voluntary recall of the affected products after labeling deficiencies were uncovered during the FDA’s inspection of its facilities. According to the Company’s press release, several of its products may contain the milk derivative sodium caseinate.

Under the Food Allergen Labeling and Consumer Protection Act and its corresponding FDA regulations, manufacturers and/or labelers of finished food products are required to declare the presence of major food allergens in labeling. “Major food allergens” include the following ingredients and the derivatives thereof: milk, egg, fish, shellfish, tree nuts, wheat, peanuts and soybeans. In the present case, the presence of an undeclared milk derivative caused Jonlly to run afoul of FDA regulations, necessitating this recall by the company.

Recalls of this type are not infrequent. In April 2012, we reported on a similar recall that was initiated as a result of undeclared milk and/or nuts. Despite being common, these recalls are preventable. Compliance with the laws and regulations pertaining to labeling is critical to ensure the seamless distribution of all FDA-regulated products. For more information about labeling requirements, please contact us at Contact@Giannamore-Law.com.

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