7 replies to this topic

[FoodSafetyGuru27]

Hi!

 

I am looking for support from our community on labelling of Caramel Color. We are launching a product with a Class 1 Caramel Color derived from cane sugar. All research points me to believe this would fall under a "natural" color, however caramel color falls into a gray area due to the different classed (Class 1,2,3,4).

My question is, if I use Caramel Color (Class 1, E150a), is it considered artificial? FDA does not seem to be very clear on this.

 

Thank you in advance!

[SQFconsultant]

Caramel coloring derived from cane sugar would be natural.

[GMO]

Oooh...  this is one for US legislative advisors because while E105a is made from sugars, it's sugars normally heated with an acid or base which then takes it from natural to something which was natural.  Do you have a reference for that being ok as "natural" under US law SQF?  It looks as though it wouldn't be ok to be termed natural under EU law.  2020-EUTECA-final-position-on-natural-20.11.2009.pdf

[kingstudruler1]

For the purpose of FDA lableing I would not call it natural.  I would label it as caramel color, color added or artificial color.  

 

 

 

 

https://www.fda.gov/...ers-about-4-mei

 

The FDA’s regulations require that the labels of food containing non-certified color additives, such as caramel coloring, declare the color additives in the ingredients statement either by name or with a general term such as “artificial color” or “color added” unless otherwise indicated. There is no requirement in FDA’s regulations that the ingredient statement on the label of foods that contain Class III or Class IV caramel coloring list the color additive by name or type. It is therefore not possible, unless voluntarily disclosed, to know based on the label if a food contains Class III or IV caramel coloring. Foods that have “caramel coloring” on a food label do not necessarily contain 4-MEI, because the term “caramel coloring” may be used to describe any class of caramel coloring. Class I and Class II caramel coloring do not contain 4-MEI.

[kingstudruler1]

Oooh...  this is one for US legislative advisors because while E105a is made from sugars, it's sugars normally heated with an acid or base which then takes it from natural to something which was natural.  Do you have a reference for that being ok as "natural" under US law SQF?  It looks as though it wouldn't be ok to be termed natural under EU law.  2020-EUTECA-final-position-on-natural-20.11.2009.pdf

 

The problem in the USA / FDA  is that there is no real defintion of natural.  - with maybe the exception of flavors 

 

In the case of flavors and the FDA , the ingredient has to be "natural"  AND (and everyone misses this) it has to be derived from the product that is to be simulated.  my guess is that thier take would be the same for colors.  

 

If none of the natural flavor used in the food is derived from the product whose flavor is simulated, the food in which the flavor is used shall be labeled either with the flavor of the product from which the flavor is derived or as “artificially flavored.”

[FoodSafetyGuru27]

Thank you all for the great discussion. 

 

It seems Caramel Color does not have a straightforward answer to being natural or artificial. I tend to agree that Class 1 is natural in theory, but not quite meeting FDA's definition. However, to call it synthetic or artificial is a stretch, as again, it is overcooked sugar (i.e. natural ingredient). 

 

Labelling as Caramel Color is agreed. However, keeping with a brand that uses "No Artificial Colors and Flavors" is where the debate really comes in. Like many rules, FDA is built on interpretation and presenting data to drive your reasoning. With that said, Caramel Color (in my opinion) falls in a regulatory gray area. I do not consider Class 1 to be artificial per the CFR, but the EU may define this more stringently (i.e. 150a).

 

Side note: Class 1 does not contain 4-MEI (known carcinogen also on prop 65 list). 

[kingstudruler1]

Thank you all for the great discussion. 

 

It seems Caramel Color does not have a straightforward answer to being natural or artificial. I tend to agree that Class 1 is natural in theory, but not quite meeting FDA's definition. However, to call it synthetic or artificial is a stretch, as again, it is overcooked sugar (i.e. natural ingredient). 

 

Labelling as Caramel Color is agreed. However, keeping with a brand that uses "No Artificial Colors and Flavors" is where the debate really comes in. Like many rules, FDA is built on interpretation and presenting data to drive your reasoning. With that said, Caramel Color (in my opinion) falls in a regulatory gray area. I do not consider Class 1 to be artificial per the CFR, but the EU may define this more stringently (i.e. 150a).

 

Side note: Class 1 does not contain 4-MEI (known carcinogen also on prop 65 list). 

 

That makes more sense now.

 

Do you put "no artifical colors or flavors" on the product label.   Or,  is it more of philosophical position?   "When asked, we tell people our products dont contain artifical flavors or colors"

 

I agree, it does seem like a stretch, its burnt sugar.   But like GMO stated if acids or alkali are added, some poeple may consider that no longer natural.   Perhaps use an organic certiifed caramel color as it would be harder to argue that a organic caramel color is not natural (I beleive the are nearly the same as conventional in terms of function)  or consult a flavor / color house for other suggestions or better legal clarification.  

 

Or, continue as is.   Worst possible outcomes are: the FDA decides to take an issue and you have to remove it from label or marketing / reformulate.  Or, some watchdog type group or class action ambulance chaser decides they are going to drag you through the mud and / or extort your organization.  Neither are very likely, but they are risks.  

[GMO]

I would argue anything boiled up with caustic is no longer natural.  

 

But to solve this, do you have something similar to the "home authority" type arrangement in the UK?  We can "adopt" a trading standards, normally local to a head office and pay a fee to be able to have binding advice on legislation which could include labelling under UK law.  Or is there an independent body who could advise?  In the UK a lot of the retailers use "Ashbury" for legislative advice on labelling or also Campden BRI.  

 

It seems a bit crazy to go to a UK company to ask advice but Ashbury have a US office:  Global Expertise - Ashbury Global