Food Industry Ramifications of the FDA Cheerios Warning Letter

Sarah Sunday writes this excellent legal opinion explaining the background and ramifications of the FDA's warning letter to the makers of Cheerios, Is FDA Warning Letter An Ominous Signal To Food Industry? This is all about the FDA objecting to the statement that Cheerios can lower cholesterol levels. In a nutshell, she says:

"FDA's Warning Letter is a slap on the wrist in terms of the potential regulatory consequences. However, the letter could have a significant legitimizing effect on the pending California lawsuit, and in that way, could have costly implications for both General Mills and the food industry as a whole."

Previous Posts: And The Top 10 Food Stories Of 2008 Pet Food Sickened People - Did they eat it? . . . Time To Talk About Turkey Cooking and Food Safety FDA CFSAN - Food Safety and Nutrition Video Library (free) 

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FDA Says Cheerios Makes False Claims

The FDA tells General Mills CEO, "The Food and Drug Administration (FDA) has reviewed the label and labeling of your Cheerios® Toasted Whole Grain Oat Cereal. FDA's review found serious violations of the Federal Food, Drug, and Cosmetic Act (the Act) and the applicable regulations in Title 21, Code of Federal Regulations (21 CFR). You can find copies of the Act and these regulations through links in FDA's home page at http://www.fda.gov." Ooooh, what a spanking! ... as reported in this FDA Warning Letter to Ken Powell, Chairman of the Board and CEO. Read more about this on this Fox Austin article, "FDA: Cheerios Makes False Health Claims. 

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The ConsumerLab Red Yeast Rice Product Review - FDA Enforcement Policy

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If you take red yeast rice products, for cholesterol-lowering, then you need to read this post, "ConsumerLab Red Yeast Rice Product Review Creates Potential Safety and Regulatory Problems." It appears that ConsumerLab; Hyman, Phelps & McNamara, P.C.; and the FDA converge to make this a compelling read. As stated in a posted Hyman etal memo, "ConsumerLab.com Red Yeast Rice Product Review Is in Conflict with the Law and FDA Enforcement Policy, Creating Safety Issues for Consumers and Regulatory Issues for Industry," . . . "The ConsumerLab product review of red yeast rice supplements makes incorrect statements about the law and FDA enforcement policy, and creates general confusion about the marketing of red yeast rice products. Most important, the review encourages consumers to purchase dietary supplements with high levels of monacolins that FDA has determined to be unsafe."

I'm perpetually perplexed that these kind of situations continue to exist. There are FDA regulations, and companies are expected to comply with them. I care, because when the regs aren't followed, I as a consumer, might inadvertently pay the adverse consequence.

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