Last week, the U.S. Food and Drug Administration (FDA) issued a warning letter to Hampton Creek Foods stating that the company is in violation of section 403 of the Federal Food, Drug, and Cosmetic Act with its Just Mayo eggless spread. In a new ePerspective post, Ivan Wasserman, Partner at Manatt, Phelps & Phillips, LLP, helps shed some light on the FDA’s move and offers some words of advice to other food manufacturers.
As Wasserman explains, the FDA is arguing that the Just Mayo products are misbranded since they do not have eggs but “purport to be mayonnaise by prominently featuring the word ‘Mayo’ on the labels, which has long been used to refer to mayonnaise,” and by the image of the egg. He goes on to state that Hampton Creek now has an opportunity to address the FDA’s concerns in a bid to keep the product name, or it can modify the name and label. Wasserman concludes by cautioning food marketers that while advances in food technology are enabling the development of food products that are indistinguishable from traditional foods, it is vital to keep in mind regulatory standards. Read what else Wasserman advises in his ePerspective post, and join in the conversation by commenting with your opinion on the topic.
