Week 5 & 6

Question 1

Vague and subjective puffery type marketing claims

Answer 1

Subjective statements that cannot be proven true or false and are therefore non-actionable puffery as a matter of law

Objective statements that can be proven true or false but are so exaggerated that no reasonable buyer could justifiably rely on them

Question 2

Mantikas vs Kellog

Answer 2

Reasonable consumer should not be expected to seek clarification from the label on the side or back of packaging

Question 3

Label

Answer 3

A display of written, printed, or graphic matter upon the immediate container of any article

Question 4

Labeling

Answer 4

All labels and other written, printed, or graphic material…

Upon any article or any of its containers or wrappers
Accompanying such article

Question 5

FSIS labeling

Answer 5

Longer list of misbranding acts
Require pre marking approval
Continuous inspection

Question 6

FDA labeling

Answer 6

Random inspections and post market enforcement

Question 7

Labeling rule

Answer 7

Any written material to help sell the product could be labeling

Must be an immediate connection between the written material and product

Question 8

Major misbranding requirements

Answer 8

Labeling of the food, ingredient statement, net quantity, name/address of manufacturer

Question 9

other misbranding requirements

Answer 9

Mandatory statement of identity
Labeling of imitation foods
Nutrition info for special dietary foods
Prohibition of misleading claims

Question 10

Label requirements

Answer 10

Identity
Quantity
Ingredients
Nutritional labeling
Responsible party

Question 11

PDP

Answer 11

Front label of product most likely to be displayed to the consumer
Common name of food
Net quantity
Rectangle = entire face
Cylinder or other = 40% of SA

Question 12

Info panel

Answer 12

To the right of the PDP
Ingredient list
Name and location of manufacturer/packer/distributor
Nutrition panel

Question 13

Standard of identity

Answer 13

Name of the food
Standardized food
Undefined foods

Question 14

Ingredients on a label

Answer 14

Listed by common or usual name
Decreasing order by weight
Include ingredients of multi component foods

Question 15

Processing aids

Answer 15

Present at insignificant levels and have no technical or functional effect in that food

Question 16

Other label parts

Answer 16

Warning statements
Allergens
GMOs/BE

Question 17

NLEA

Answer 17

1990
Established nutrient content labeling requirements and direct FDA to establish procedures for health and nutrient claims

Question 18

DSHEA

Answer 18

1994
Defined dietary supplement and developed a statutory framework for dietary claims
Includes dietary supplements and dietary ingredients

Question 19

Serving size

Answer 19

Closely equate to amount that is customarily eaten
Common household measurements

Question 20

Nutrient components (mandatory)

Answer 20

Calories
Fat
Sodium
Carbs
Protein

Question 21

Health claims

Answer 21

Characterizes the relations of any substance to a disease or health-related condition

Only approved claims are allowed under NLEA

Question 22

Health claim exceptions

Answer 22

General well-being claims
Structure-function
Dietary guidance
Nutrient content claims

Question 23

FDAMA

Answer 23

Provided a process for the FDA to expedite health claims

Question 24

Nutrient content claims

Answer 24

Characterizes the level of a nutrient in a food

Question 25

Nutrient claim ex

Answer 25

Implied nutrient claim
Expressed nutrient claim
High content disclosure
Nutrient level statements

Question 26

Dietary ingredients

Answer 26

include (a) vitamins, (b) minerals, (c) herbs or other botanicals, (d) amino acids, (e) dietary substances for use by man to supplement the diet by increasing the total dietary intake, or (f) concentrates, constituents, extracts, or combinations of the (a) through (e) ingredient categories