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FDA cracks down on CocoaVia claims

FFN Staff

June 2006

The US Food and Drug Administration has warned Mars/Masterfoods that its

CocoaVia chocolate bar is in breach of FDA regulations on several grounds and

given the company 15 days to respond.

In its warning letter, FDA questioned the level of folic acid in several

CocoaVia products as well as the heart health claims they were employing due to

their plant sterol content. FDA also stated the products' health claims meant

they should be classified as drugs.

In regard to folic acid, FDA stated foods to which folic acid can be added are

designed to keep total folic acid intake under 1mg. " The consumption of higher

levels of folic acid can mask anaemia in persons with vitamin B12 deficiency.

Under those circumstances, the consequences of the anaemia (i.e., severe and

irreversible neurological damage) would go undetected, " it said.

The FDA warning went on to say the CocoaVia products contained too much

saturated fat to carry a heart health claim. " The labels of these products bear

the claims 'Promotes a healthy heart' and 'Now you can have real chocolate

pleasure with real heart health benefits,' " FDA said. " These claims are false or

misleading because of the high levels of saturated fat in the products. "

The letter added: " The regulation authorizing a health claim for plant

stero/stanol esters and reduced risk of heart disease includes the requirement

that the food bearing the claim be low in saturated fat (1g or less of saturated

fat per reference amount and not more than 15 per cent of calories from

saturated fatty acids). "

Moreover, FDA said the claims promote the bars as being able to " prevent,

mitigate, and treat hypercholesterolemia " and should therefore be classified as

drugs.

" Overall, this warning letter is troubling, " said Loren Israelsen of Utah-based

industry consultancy LDI Group. " I do not yet know why FDA decided to challenge

this product in this way, but I do know this warning letter is reminiscent of

the kind of arguments FDA made prior to passage of [the Dietary Supplement

Health and Education Act of 1994] in challenging a wide range of dietary

supplements. "

Check out Nutrition Info at:

Nutrition.teach-nology.com

Ortiz, RD

nrord@...

Eat Healthy, A Body is a Terrible Thing to Waste

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