The FDA seems more interested in what is stated on the outside of the package than the actual product within. The quest for the point of difference leads beverage marketers to make claims about what their beverage can actually do other than hydrate your body.
Unfortunately some companies thrive on claims which cannot be substantiated. Other companies innocently mislead consumers because they don’t the sufficient research to withstand scrutiny by the FDA or tort lawyers.
Beverage companies should err on the side of caution because the costs of defending an action can be disastrous. We hate to say it, but this is one of the occasions when consulting with an attorney is a good investment if done early on in the process.
The boundaries for crossing the line on product claims seem to be more heavily policed. At
WB and IBM can help with functional drink developments and are here to guide on proper product claims.
– The Wilson Team