The FDA sent a letter warning Kind LLC, the maker of a variety of bars, that their Kind Fruit & Nut Almond & Apricot, Kind Fruit & Nut Almond & Coconut, Kind Plus Peanut Butter Dark Chocolate + Protein, and Kind Plus Dark Chocolate Cherry Cashew + Antioxidants products are misbranded under the Federal Food, Drug, and Cosmetic Act (“FDCA”) as improper implied nutrient content claims, because they bear statements suggesting that the product may be useful in maintaining healthy dietary practices, and those statements are made in connection with claims or statements about nutrients.
According to the FDCA, a manufacturer may use the term “healthy” as an implied nutrient content claim on the label of a food provided that the food, among other things, is “low saturated fat”[i.e., the food has a saturated fat content of 1 g or less and no more than 15 percent of the calories are from saturated fat].
The FDA bars found the following products did not meet this standard.
Kind Fruit & Nut Almond & Apricot which contains 3.5 g of saturated fat per 40 g
Kind Fruit & Nut Almond & Coconut product which contains 5 g of saturated fat per 40 g
Kind Plus Peanut Butter Dark Chocolate + Protein product contains 3.5 g of saturated fat per 40 g
Kind Fruit & Nut Dark Chocolate Cherry Cashew + Antioxidants contains 2.5 g of saturated fat per 40 g
The FDA also found Kind’s use of the phrase “antioxidant-rich” and “good source of fiber” in violation of the FDCA labeling requirements.
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