Justin J. Prochnow is a Shareholder in the Denver office of the international law firm of Greenberg Traurig LLP. His practice concentrates on regulatory and legal issues affecting the food & beverage, dietary supplement and cosmetic industries. He can be reached at (303) 572-6562 or prochnowjj@gtlaw.com. Mr. Prochnow will be the keynote speaker on Day 2 of the Prepared FoodsR&D Applications Seminar Chicago, August 1-2, 2012 at Crowne Plaza Hotel O’Hare. For more information, and to register for the conference, please go to http://www.RDSeminarChicago.com.
In the fierce competition for consumer dollars between companies in the food, beverage and supplement areas, trying to distinguish a product line from a slew of competing products often leads to aggressive labeling and marketing campaigns. Claim formulation is an integral part of labeling and advertising strategies.
Words matter. The selection of the ultimate set of words to effectively promote and sell products is the end-goal of marketing departments and companies everywhere—not just the food, beverage and supplement industries. The more persuasive the message, the better chance a company’s products will move off of the shelves and into consumers’ pantries.
There’s no doubt regulatory agencies have ramped up the level of scrutiny given to food and beverage companies in the U.S. over the last several years. In 2011, the number of inspections by the Food and Drug Administration (FDA) increased dramatically as the agency sought to determine whether industry companies were in compliance with Current Good Manufacturing Practices (CGMPs).
The steady demand for weight-loss products has spread to include a wide range of food and beverage products. Many weight-loss products have moved towards claims with a focus on satiety, appetite suppression and thermogenesis. Novel methods in weight-loss claims require companies to make sure they have proper substantiation, however.
Eye-catching colors and flavors attract kids, but nutrition attracts moms, when it comes to foods and beverages for children. Beyond this tug-of-war between parent and child, however, product developers also must be keenly aware of governmental programs, regulatory scrutiny and consumer advocacy groups focusing on foods for kids.
Beverages, particularly energy drinks, enhanced waters and RTD teas, are taking various approaches in promotions, ingredients and even processing to set themselves apart.
Structure/function statements describe the role of a nutrient or dietary ingredient intended to affect normal structure or function in humans. They may also characterize the means by which a nutrient or dietary ingredient acts to maintain such structure or function.