21 C.F.R. § 101.13 - Nutrient content claims-general principles

Cite as21 C.F.R. § 101.13
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182 practice notes
  • Food Labeling: Revision of the Nutrition and Supplement Facts Labels
    • United States
    • Federal Register May 27, 2016
    • May 27, 2016
    ...``fluoride added,'' or ``with added fluoride'' on the label or in labeling of bottled water that contains added fluoride in 21 CFR 101.13(q)(8) (id.). By doing so, we did not define a nutrient content claim for fluoride, and, instead, provided that a statement indicating the presence of add......
  • 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
    ...(See, e.g., 21 CFR 104.5(b) and (d) (prohibiting certain implied claims relating to compliance with nutritional quality guidelines); 21 CFR 101.13(a) (classifying implied claims to characterize the level of a nutrient in food as nutrient content claims subject to the same requirements as ex......
  • Bruton v. Gerber Prods. Co., Case No.: 12–CV–02412–LHK
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • September 6, 2013
    ...needs are different than those of adults, and therefore nutritional claims on infant and toddler food can be highly misleading); see21 C.F.R. § 101.13(b)(3) (“Except for claims regarding [certain] vitamins and minerals ... no nutrient content claims may be made on food intended specifically......
  • Shaeffer v. Califia Farms, LLC, B291085
    • United States
    • California Court of Appeals
    • February 6, 2020
    ...because "it is organoleptically, 258 Cal.Rptr.3d 282 physically, and functionally (including shelf life) similar to" that food. ( 21 C.F.R. § 101.13(d), italics added; see id. § 101.60(a)(2) [requiring that labels accord "with the general requirements for nutrient content" in section 101.13......
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131 cases
  • Bruton v. Gerber Prods. Co., Case No.: 12–CV–02412–LHK
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • September 6, 2013
    ...needs are different than those of adults, and therefore nutritional claims on infant and toddler food can be highly misleading); see21 C.F.R. § 101.13(b)(3) (“Except for claims regarding [certain] vitamins and minerals ... no nutrient content claims may be made on food intended specifically......
  • Shaeffer v. Califia Farms, LLC, B291085
    • United States
    • California Court of Appeals
    • February 6, 2020
    ...because "it is organoleptically, 258 Cal.Rptr.3d 282 physically, and functionally (including shelf life) similar to" that food. ( 21 C.F.R. § 101.13(d), italics added; see id. § 101.60(a)(2) [requiring that labels accord "with the general requirements for nutrient content" in section 101.13......
  • Hadley v. Kellogg Sales Co., Case No. 16–CV–04955–LHK
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • August 10, 2017
    ...content claim "expressly or implicitly characterizes the level of a nutrient of the type required to be in nutrition labeling." 21 C.F.R. § 101.13(b). Such nutrient content claims can either be "expressed" or "implicit." An "expressed nutrient content claim is any direct statement about the......
  • In re Conagra Foods Inc., Case No. CV 11–05379 MMM (AGRx).
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • November 15, 2012
    ...21 C.F.R § 101.4 (designation of ingredients on food packaging); 21 C.F.R § 101.9 (labeling and advertising of nutrition information); 21 C.F.R § 101.13 (limits on claims that can be made about the nutritional content of food, such as labeling a product “low sodium”); 21 C.F.R § 101.14 (hea......
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15 firm's commentaries
  • FDA warns fresh fruit company, seasoning firm about serious violations
    • United States
    • LexBlog United States
    • January 20, 2020
    ...information comparing the amount of sodium per declared serving in the products to that of the reference food (salt) as required by 21 CFR Part 101.13(j)(2)(iv) and 21 CFR Part 101.61(b)(6)(ii)(B). This statement shall appear adjacent to the most prominent nutrient content claim on the info......
  • FDA Guidance Regarding Structure-Function Claims for Dietary Supplements
    • United States
    • LexBlog United States
    • October 12, 2009
    ...(See, e.g., 21 CFR 104.5(b) and (d) (prohibiting certain implied claims relating to compliance with nutritional quality guidelines); 21 CFR 101.13(a) (classifying implied claims to characterize the level of a nutrient in food as nutrient content claims subject to the same requirements as ex......
  • State Law Food Labeling Claims Preempted by Federal Law
    • United States
    • Mondaq United States
    • December 8, 2010
    ...claims may be listed outside the nutrition information labels, as long as they are not false or misleading. 21 U.S.C. § 343(r); 21 C.F.R. § 101.13(b)(1). The court also remarked on the decision of the FDA to decline to promulgate any regulation as to whether actual values or rounded values ......
  • Court Dismisses Nutritional Labeling Class Action on the Basis of Preemption
    • United States
    • LexBlog United States
    • December 14, 2015
    ...sampling from 12 different product cases: [T]he FDA has enacted regulations pertaining to expressed nutrient content claims. Under 21 C.F.R. § 101.13, “[a] claim that expressly or implicitly characterizes the level of a nutrient of the type required to be in nutrition labeling under §101.9 ......
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