21 CFR 101.95 - ''Fresh,'' ''freshly frozen,'' ''fresh frozen,'' ''frozen fresh.''

Cite as21 CFR 101.95
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14 practice notes
  • Food for human consumption: Food labeling— Dietary supplements; effect on structure or function of body; types of statements, definition,
    • United States
    • Federal Register January 06, 2000
    • January 6, 2000
    ...claims to characterize the level of a nutrient in food as nutrient content claims subject to the same requirements as express claims); 21 CFR 101.95 (prescribing conditions under which implied claims of freshness may be made for foods); 21 CFR 201.10(c)(3) (prohibiting use in ingredient sta......
  • Brazil v. Dole Food Co., Case No. 12–CV–01831–LHK.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 25, 2013
    ...including regulations for “nutrient content claims,” 21 C.F.R. § 101.13, “antioxidant” claims, 21 C.F.R. § 101.54(g); “fresh” claims, 21 C.F.R. § 101.95; “sugar free” and “sugarless” claims, 21 C.F.R. § 101.60(c); and “health” claims, 21 C.F.R. § 101.14.2. Preemption and Private Rights of A......
  • Brazil v. Dole Food Co., Case No.: 12-CV-01831-LHK
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 25, 2013
    ...including regulations for "nutrient content claims," 21 C.F.R. § 101.13, "antioxidant" claims, 21 C.F.R. § 101.54(g); "fresh" claims, 21 C.F.R. § 101.95; "sugar free" and "sugarless" claims, 21 C.F.R. § 101.60(c); and "health" claims, 21 C.F.R. § 101.14. 2. Preemption and Private Rights of ......
  • Campbell v. Freshbev LLC, 1:16–cv–7119(FB)(ST)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 2, 2018
    ...are dismissed.c. "Fresh" Plaintiff next challenges defendants' representation that the product is "fresh." The parties agree that 21 C.F.R. § 101.95 governs use of the word "fresh" on a label but disagree as to its implications.15 21 C.F.R. § 101.95(a) states that "[t]he term 'fresh' [in la......
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9 cases
  • Brazil v. Dole Food Co., Case No. 12–CV–01831–LHK.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 25, 2013
    ...including regulations for “nutrient content claims,” 21 C.F.R. § 101.13, “antioxidant” claims, 21 C.F.R. § 101.54(g); “fresh” claims, 21 C.F.R. § 101.95; “sugar free” and “sugarless” claims, 21 C.F.R. § 101.60(c); and “health” claims, 21 C.F.R. § 101.14.2. Preemption and Private Rights of A......
  • Brazil v. Dole Food Co., Case No.: 12-CV-01831-LHK
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 25, 2013
    ...including regulations for "nutrient content claims," 21 C.F.R. § 101.13, "antioxidant" claims, 21 C.F.R. § 101.54(g); "fresh" claims, 21 C.F.R. § 101.95; "sugar free" and "sugarless" claims, 21 C.F.R. § 101.60(c); and "health" claims, 21 C.F.R. § 101.14. 2. Preemption and Private Rights of ......
  • Campbell v. Freshbev LLC, 1:16–cv–7119(FB)(ST)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 2, 2018
    ...are dismissed.c. "Fresh" Plaintiff next challenges defendants' representation that the product is "fresh." The parties agree that 21 C.F.R. § 101.95 governs use of the word "fresh" on a label but disagree as to its implications.15 21 C.F.R. § 101.95(a) states that "[t]he term 'fresh' [in la......
  • Brazil v. Dole Food Co., Case No.: 12-CV-01831-LHK
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • September 23, 2013
    ...is in its raw state and has not been frozen or subjected to any form of thermal processing or any other form of preservation. . . . 21 C.F.R. § 101.95(a); see also SAC ¶ 46 (quoting an FDA Compliance Policy Guide, which states that "[t]he term fresh should not be applied to foods which have......
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1 firm's commentaries
  • FDA Guidance Regarding Structure-Function Claims for Dietary Supplements
    • United States
    • LexBlog United States
    • October 12, 2009
    ...claims to characterize the level of a nutrient in food as nutrient content claims subject to the same requirements as express claims); 21 CFR 101.95 (prescribing conditions under which implied claims of freshness may be made for foods); 21 CFR 201.10(c)(3) (prohibiting use in ingredient sta......

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