Iateapie.net
IateApie.net provides reviews of food products with diet & nutritional claims such as low fat, low carb, reduced sugar, less sodium and whole grain.

Diet Coke PlusDiet Coke Plus was launched by Coca-Cola in March 2007 (we also reviewed it) and now, 1.5 years later, the FDA has issued a warning letter saying that this product is "misbranded" because it does not meet the criteria necessary to use the word "Plus" as a nutrient claim.

Diet Coke Plus says they are "Diet Coke fortified with Vitamins and Minerals, but the FDA is saying that the claim "Plus" is incorrectly used because it is not appropriate to fortify snack foods such as carbonated beverages.

The Food and Drug Administration (FDA) has reviewed the label for your Diet Coke Plus 20 FL OZ (1.25 PT) 591ml. Based on our review, we have concluded that this product is in violation of the Federal Food, Drug, and Cosmetic Act (the Act). Your Diet Coke Plus product is misbranded within the meaning of section 403(r)(1)(A) of the Act [21 USC 343(r)(1)(A)] because the product makes a nutrient content claim but does not meet the criteria to make the claim.

The policy on fortification in 21 CFR 104.20(a) states that the FDA does not consider it appropriate to fortify snack foods such as carbonated beverages. Additionally, the label of your product does not state the identity of a reference food and the percentage (or fraction) of the amount of the nutrient in the reference food by which the nutrient in the labeled food differs, as is required for relative claims such as "plus" under 101.13(j)(2). Therefore, the "plus" claim on the label of this product does not meet the requirements of 21 CFR 101.54(e)(1) [ Source: FDA]

What does this all mean? Coca-Cola should change the labeling of Diet Coke Plus - or perhaps rename & relaunch it - or perhaps get rid of it. Our review was favorable, but most of the commenters didn't like it at all. But, as we have seen in the past, Coca-Cola doesn't seem to be scared of the big bad wolf/ FDA. They proceeded to sell their Stevia based sweetener, Truvia, online and in stores before it was permitted by the FDA to do so. And they may decide to take the same 1.5 years that it took the FDA to alert them, before they change anything.

Comments
Tue: December 23, 2008
Fitness Surfer said:

Probably because it still has "phenylalanine" in it. Check out the warning on the side. This is very dangerous (may cause mental retardation) to any one who has PKU. Just drank on the other day and had never seen that warning before.

Wed: December 24, 2008
Cereal said:

I would like to look into this some more, but right away I would figure that Coke could fight the FDA on snack foods being inappropriate to be fortified.(I would like to see the reasoning behind this)

A little bit off topic ,but did you see that the FDA has put out a new warning on weight loss pills.Apparently 25 different products are contaminated with undeclared pharmaceutical ingredients.(http://www.fda.gov/bbs/topics/NEWS/2008/NEW01933.html) It seems like these weight loss/supplement pills are always getting into trouble for something far more dangerous than than having misrepresented the word plus or adding a new sweetener.Too bad they can dodge strict scrutiny ,because they need it.

Thu: December 25, 2008
anonymous said:

Even if they change the product name, its still a violation of 21 CFR 104.20(a),(d).


Thu: December 25, 2008
Tanya said:

@Cereal I saw the list on the weight loss drugs with undeclared pharmaceuticals - actually I wasn't surprised ... and I won't be surprised when they find them in "supplements" either. That entire category of "ingestables" needs some serious regulatory attention.

@anonymous - if they change the name by eliminating the "Plus" I don't think they would be in violation as you can have added vitamins and minerals to just about anything.

Fri: December 26, 2008
Cereal said:

It doesn't make sense to me that something hasn't been done yet in regards to the supplement isle of stores.It's like they're legally allowed to sell snake oil as long as they don't call it food.

How crazy is it that they sell "male performance pills" with the vitamins; that shocked me when I seen that.It's like 90% of the stuff in the vitamin/supplement isle is dangerous or a complete sham.


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