17 food makers put on notice by FDA

WASHINGTON — The Food and Drug Administration (FDA) has notified 17 food companies, including major brands such as Gerber and Nestlé, that they have violated federal laws by making false or misleading claims on their packaging.

The agency sent warning letters Feb. 22 and gave the companies 15 days to respond with an explanation of how they intend to correct the labels. If the companies fail to do so, the FDA said it may take further action, including seizure of products.

In a letter to the food industry released Wednesday, FDA Commissioner Margaret Hamburg made it clear that accurate labeling is a priority at a time the country is fighting obesity and diet-related diseases.

While some companies have voluntarily changed their packaging to comply with the law, others have made false or misleading claims on packaging, which undermines the ability of consumers to make healthy choices, she wrote.

The Obama administration surprised the food industry last May when the FDA notified General Mills it was misbranding Cheerios by stating on labels that it can help reduce heart disease and cholesterol, a drug claim that the agency said violated federal law.

In the recent round of warnings, Pompeian, a 104-year-old Baltimore company that sells olive oil, was told its "Pompeian Imported Extra Light Olive Oil" is misbranded because its fat content is not 50 percent less than that of regular olive oil, which would fit the legal definition of "light."

Frank Patton, the company's president, said the label should have said "Extra Light Tasting Olive Oil" and that it was a printing error, which he intends to correct.

Diamond Food received a warning letter because its packaged walnuts make unauthorized claims that the nuts can treat, prevent or cure heart disease, arthritis and cancer, according to the FDA. Diamond said it expects to change its labels and Web information quickly.

At least one company indicated it will challenge the FDA's position.

"All statements made in connection with POM products are true and supported by unprecedented scientific research," said a statement released by POM Wonderful.

The FDA says the company claims its product can treat, prevent or cure diseases such as hypertension, diabetes and cancer. Those claims can only be made by drugs, and the juice has not been approved as a drug, the agency said.

Other companies that received warning letters include:

• Nestlé Nutrition's Gerber Graduates Puffs, which claims the product is a "good source of iron, zinc, and vitamin E." Those claims are not allowed on products intended for children younger than 2 years because appropriate dietary levels have not been established for that age range, the FDA said.

• Mrs. Smith's Coconut Custard Pie claims "0 Transfats" on the package but does not disclose, as required by law, that the product has significant levels of saturated fat and total fat.