Parker Waichman LLP

FDA Faults Green Tea Claims

The US Food and Drug Administration (FDA) just warned the makers of two green tea drinks to discontinue its unauthorized nutrient claims, said the LA Times, which noted that this is another in the agency’s efforts to put an end to misleading food labeling. The FDA’s warning to the Dr Pepper Snapple Group indicated that […]

The US Food and Drug Administration (FDA) just warned the makers of two green tea drinks to discontinue its <"https://www.yourlawyer.com/topics/overview/consumer_news">unauthorized nutrient claims, said the LA Times, which noted that this is another in the agency’s efforts to put an end to misleading food labeling.

The FDA’s warning to the Dr Pepper Snapple Group indicated that the firm’s Canada Dry Sparkling Green Tea Ginger Ale bears claims to be “enhanced” with antioxidants, said the LA Times. But, because the drink is carbonated and classified as a snack food, it cannot bear claims to be nutritionally fortified, the FDA said, wrote the LA Times. The letter also said that ingredients claiming to contain antioxidants “are not nutrients with recognized antioxidant activity,” quoted the LA Times.

Late last year we wrote that the FDA notified about 30 manufacturers of caffeinated alcoholic beverages that it intended to look into the safety and legality of their products. Most recently, Democratic New York Senator Charles Schumer asked the Federal Trade Commission (FTC) to investigate how flavored, caffeinated alcoholic beverages are marketed, specifically those that appear to be geared to underage consumers, said The Associated Press (AP) previously.

The FDA also just said that a website for Unilever Inc.’s Lipton Green Tea 100% Naturally Decaffeinated made a health claim in which it linked drinking the product with lower cholesterol for those at risk for cardiac. This claim, said the FDA changes the product’s classification to that of a drug, which mandates it prove safety and efficacy, noted the LA Times. Claims that the tea contains antioxidants also impact other rules.

This March, said the LA Times, the FDA sent 17 warning letters to food makers regarding misleading nutrition and health benefit information regarding 22 products. “We are pleased to see the agency becoming more active on other misleading claims,” said Bruce Silverglade, quoted the LA Times. Silverglade is the legal director of the Center for Science in the Public Interest (CPSI), an advocate for appropriate labeling which has long been urging the FDA to enforce appropriate labeling, explained the LA Times.

In Schumer’s earlier letter to FTC chairman, Jon Leibowitz, he wrote that the colorful cans containing the controversial drinks are meant to confuse parents and police with labeling that looks like labeling on similar nonalcoholic drinks, wrote the AP previously. Citing drinks such as Joose and Four Loko, Senator Schumer pointed out that information on the alcohol content of about 12 percent are hidden in tiny print. The alcohol content in these drinks is, by the way, about double that found in beer, wrote the AP.

As we’ve previously written, under the Federal Food, Drug, and Cosmetic Act, a substance intentionally added to food is deemed “unsafe” and is unlawful unless its particular use has been approved by FDA regulation, the substance is subject to a prior sanction, or the substance is Generally Recognized As Safe (GRAS). When the agency has not approved the use of a substance in a beverage, such beverages can be lawfully marketed only if their use is subject to a prior sanction or is GRAS. For a substance to be GRAS, there must be evidence of its safety at the levels used and a basis to conclude that this evidence is generally known and accepted by qualified experts.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
This is my second time using Parker Waichman, needless to say I was pleased the first time. This time I was blessed to have David Aminov. This man works hard! Always updating me on my case which I’ve had open since 2018. I am very pleased, & will be recommending everyone I know to Parker Waichman. Thank you again, I appreciate you all so much, especially Mr. Aminov.
Logan Oliver
4 weeks ago
5 Star Reviews 150
Excellent service from the best lawyers in New York Their customer service is excellent Especially Julie, Maryann, Dawn and the hardest the best JORGE Thank you very much to all
Jhony Gonzalez
6 months ago
5 Star Reviews 150
Jillian Cantinieri my Case Manager is extremely efficient, knowledgeable, professional and caring. She has made an upsetting time in my life just that much easier by her dedication and commitment to always getting me answers, guiding me through the lengthy process while still managing to be extremely, supportive kind and caring. I honestly don’t know how I would have made it through this process without her by my side. Jillian responds to my emails within minutes, if she doesn’t know the answer to my question she will ask someone who does and always gets back to me within the same business day. I feel fortunate and grateful to Parker Waichman for assigning me the best of the best, Jillian Cantinieri.
rachelle tomanel
5 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038