2/7/2017 History of Food Labeling History of Food Labeling Standards of Identity Standards of Identity A strawberry flavored jelly spread ·Prosecutors claimed 55 parts sugar -It was an imitation that looked like jam and 17 parts strawberries was thus misleading to customers 11.5 parts water It was less expensive than real jam 0.25 part pectin If consumers knew it was not real jam,they 0.04 parts tartaric acid may make a different purchase Also contained dye and hayseeds to simulate To win the case,the gov't needed to show strawberry seeds it was an inferior product Problem:product was not real jam yet is was -inferiority was being concealed shelved with jam products History of Food Labeling History of Food Labeling Standards of Identity Standards of Identity Common knowledge that jam consisted of 45- 50%fruit Other products However,a legal definition for jam did no exists ·Salad Bouquet No way to prove that Bred Spred was inferior without a legal definition of jam Weak vinegar Also,the product did not call itself jam but "like vinegar" instead spred ·Peanut Spred It could not be considered misbranding -had few peanuts Gov't lost the case because the PFDA did not provide standards for comparing products contained lard 2/7/2017 2 History of Food Labeling Standards of Identity • A strawberry flavored jelly spread 55 parts sugar 17 parts strawberries 11.5 parts water 0.25 part pectin 0.04 parts tartaric acid • Also contained dye and hayseeds to simulate strawberry seeds • Problem: product was not real jam yet is was shelved with jam products History of Food Labeling Standards of Identity • Prosecutors claimed - It was an imitation that looked like jam and was thus misleading to customers - It was less expensive than real jam - If consumers knew it was not real jam, they may make a different purchase • To win the case, the gov’t needed to show - it was an inferior product - inferiority was being concealed History of Food Labeling Standards of Identity • Common knowledge that jam consisted of 45- 50% fruit • However, a legal definition for jam did no exists • No way to prove that Bred Spred was inferior without a legal definition of jam • Also, the product did not call itself jam but instead spred • It could not be considered misbranding • Gov’t lost the case because the PFDA did not provide standards for comparing products History of Food Labeling Standards of Identity Other products • Salad Bouquet - Weak vinegar - ”like vinegar” • Peanut Spred - had few peanuts - contained lard