February 18, 2010

The American Herbal Products Association (AHPA) and International Aloe Science Council (IASC) raised concerns that the FDA's latest guidance on packaging and serving size for liquid products contradicts previous policy.

The concerns arose in response to FDA's draft guidance for industry, "Factors that Distinguish Liquid Dietary Supplements from Beverages, Considerations Regarding Novel Ingredients, and Labeling for Beverages and other Conventional Foods."  According to the draft guidance released December 4, 2009, "Liquid products that suggest through their serving size, packaging, or recommended daily intake that they are intended to be consumed in amounts that provide all or a significant part of the entire daily drinking fluid intake of an average person are represented as beverages."

However, according to AHPA and IASC, current FDA food labeling regulations do not suggest that packaging or serving size are indicative of whether a liquid supplement product is represented as a conventional food.

Click here to read the joint comments filed by AHPA and IASC.

Click here to read the FDA's draft guidance.