12 replies to this topic

[Bingo67]

We have a finished product going into retail stores (dry spice mix). The retail labels list one of the ingredients as being non gmo but the finished goods does not have a nongmo declaration. We are unable to get the nongmo item  (due to supply issue). Can we use the equivalent item - or is that a labeling issue?

[Ryan M.]

That depends, does your label carry any non-GMO certifications?

 

What is the ingredient in question?

 

Does that ingredient fall under the bioengineered definition?

[Bingo67]

The ingredient is dry vinegar powder & there are no Non gmo certifications. Vinegar powder is not defined as bioengineered ?

[Scampi]

Yes, you are out of compliance on the label.

 

Regardless of non gmo certifications, you're required to label truthfully and not misleadingly 

[Ryan M.]

Yes, you are out of compliance on the label.

 

Regardless of non gmo certifications, you're required to label truthfully and not misleadingly 

 

Well....yes and no.  Labeling, unfortunately, is not always black and white in the US.  We have no definition of "non-GMO" so it can be applied pretty broadly except for any non-GMO certification labeling a company may use.

[kfromNE]

Well....yes and no.  Labeling, unfortunately, is not always black and white in the US.  We have no definition of "non-GMO" so it can be applied pretty broadly except for any non-GMO certification labeling a company may use.

I do love seeing products like water saying non-GMO or gluten free

[Scampi]

But you still need to label truthfully, no?

[TimG]

But you still need to label truthfully, no?

 

You do, but like Ryan said the FDA treats non-GMO more like a brand than a disclosure of ingredients. The last time I dabbled in that field 8 or so years ago the non-gmo certified stickers and documents were similar to NSF brands, in that they were owned and allowed to be used if you passed (paid the $ and jumped through the hoops) of the NON-GMO project. 

It was more like a "Great Taste!" claim to the FDA, not really something they considered at ingredient level of importance at the time.

[kfromNE]

We have a finished product going into retail stores (dry spice mix). The retail labels list one of the ingredients as being non gmo but the finished goods does not have a nongmo declaration. We are unable to get the nongmo item  (due to supply issue). Can we use the equivalent item - or is that a labeling issue?

With the regulations, you have to say on the label if there is a GMO ingredient in the product. You don't have to put on the package, made with non-gmo ingredients. Like Ryan said, the regulations are not black and white. So like with the vinegar - no gmo vinegar is being made so technically you wouldn't have to worry about getting a non-gmo statement from your supplier. 

 

https://www.fda.gov/...food-and-beyond

 

Even if you are using ingredients that aren't gmo, I wouldn't put on your label made with non-gmo ingredients unless it's been tested. The reason -  you don't want to get sued.

[Ryan M.]

With the regulations, you have to say on the label if there is a GMO ingredient in the product. You don't have to put on the package, made with non-gmo ingredients. Like Ryan said, the regulations are not black and white. So like with the vinegar - no gmo vinegar is being made so technically you wouldn't have to worry about getting a non-gmo statement from your supplier. 

 

https://www.fda.gov/...food-and-beyond

 

Even if you are using ingredients that aren't gmo, I wouldn't put on your label made with non-gmo ingredients unless it's been tested. The reason -  you don't want to get sued.

 

Yup, unless you can provide the support that would hold up to liability in the legal system I would revise your labeling to remove it altogether.  Really, it is only there for marketing purposes and unless marketing strictly objects to revising the label then go ahead and make the change and not have to worry about it.

[Scampi]

FDA and FTC hold the manufacturer and the distributor (importer) responsible for making sure required label information is easy to find and easy to read, and that it contains any disclaimers or warnings necessary to keep consumers safe (e.g., allergen labeling). Manufacturers, importers and distributors are held responsible for ensuring advertising claims and labeling (including website and social media) claims are truthful and not misleading.

[Bingo67]

Thanks everyone ! I appreciate all the information.

[KBMB]

Sorry, wrong post

 

Edited by KBMB, 10 June 2021 - 12:25 PM.