October 19, 2015

TO: JPA Members

FROM: Patricia Faison

JPA Regulatory Update: FDA Reopens Comment Period on Nutrition Labeling; IFU Updates; FDA Warning Letter; EU Bans Perilla Aldehyde Flavoring; FEMA Flavor Ingredient Library; EU Draft Law to Prohibit GE Food Imports

FDA Reopens Comment Period on Nutrition Labeling

In July 2015, JPA notified members that the Food and Drug Administration (FDA) had issued a supplemental notice of proposed rulemaking (80 FR 44303; July 27, 2015) requesting input on a limited number of topics as part of the Agency’s efforts to update the nutrition labeling regulations, including the Nutrition Facts Panel. Members were advised that the Agency had also published two consumer studies (“Eye-Tracking Experimental Study on Consumer Responses to Modifications to the Nutrition Facts Label” and “Experimental Study of Proposed Changes to the Nutrition Facts Label Formats”) to assess consumers' perception of the proposed changes to the Nutrition Facts label. Members were advised that the Agency had established October 13, 2015 as the deadline to comment on the supplemental proposed rule and consumer studies.

There were technical problems with the portal ( used to submit comments to federal regulatory Agencies. The FDA recently issued a Constituent Update, available here, announcing the technical problems with the portal prevented parties from filing electronic comments on the supplemental proposed rule and consumer studies. The Agency will reopen the comment period on October 20 with a deadline to submit comments on October 23. JPA was able to submit comments on both the nutrition labeling supplemental proposed rule and the consumer studies by the October 13 deadline.

JPA will continue to monitor FDA’s efforts to update the nutrition labeling regulation, and provide updates as information becomes available.

IFU Updates

As you may know, JPA is a member and active participant of the International Federation of Fruit Juice Producers (IFU). Dianne Nury and Don Sporn are JPA's representatives and recently attended the IFU meeting in Antwerp, Belgium. Below are several documents highlighting the meeting outcomes.

IFU Annual Meeting Report 2015 - Don Sporn

IFU Assembly of Delegates Report 2 October 2015

IFU Commission for Legislation Mission and Strategy October 2015

IFU Commission for Legislation Meeting Report October 2015

IFU Scientific and Technical Commission Meeting October 2015

Questions regarding the meeting may be addressed to Ms. Nury and Mr. Sporn.

FDA Warning Letter – Juice HACCP and Labeling Violations

The FDA recently published a Warning Letter to Pat's Exotic Beverages, Inc. (Bronx, New York) citing violations of the juice Hazard Analysis and Critical Control Point (HACCP) regulation (21 Code of Federal Regulations Part 120) and food labeling regulations related to a variety of juice products. A copy of the Warning Letter is available here.

European Union Votes to Ban Citrus Flavoring - Perilla Aldehyde

According to an article available here, the European Union (EU) has voted to remove the citrus flavoring perilla aldehyde from the list of approved flavorings as the flavoring has been shown to be genotoxic in a new animal study. The flavoring occurs naturally in the peel of citrus fruits. The regulation came into effect on October 3, 2015; however, foods to which the substance was added and placed on the market prior to October 3 will be allowed to be marketed until their "date of minimum durability" or use-by date.

FEMA Flavor Ingredient Library

According to an article recently published on, available here, the Flavor and Extract Manufacturers Association (FEMA) recently launched a Flavor Ingredient Library, available here, on substances that are generally recognized as safe (GRAS) for use as flavor ingredients. The press release notes the library “includes all such flavor ingredients, links to related publications, access to safety assessment information, and additional information about the group’s GRAS program.” FEMA also published a Questions and Answers document pertaining to the Library, which can be accessed here.

European Union Draft Law to Prohibit GE Food Imports

In April 2015, JPA members were notified that the European Commission had proposed a law to permit member states in the European Union (EU) to prohibit or restrict the import of genetically engineered (GE) crops, even if such crops have been approved by the EU. It was reported that the draft law must be voted on by the European Parliament before becoming law. According to an article recently published by Reuters, available here, the Environment Committee of the European Parliament voted against the proposed law with some parties arguing that the law would be unworkable and would lead to the reintroduction of border controls. The full Parliament will vote on the draft law on October 28, 2015.

JPA will continue to monitor and provide updates, as information becomes available.

As always, please contact me with questions or comments.

Patricia Faison

(404) 252 - 3663

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