FDA Regulations for Selling Food Specialties in America and Their Intersections with Other Federal Trade Regulations

A recent ruling emphasizes the importance of FDA regulations on the compliance of food product labels intended for the American market.

In the case Castle v. Kroger Co., No. 21-cv-1171-pp, 2022 WL 4776319 (E.D. Wis. October 3, 2022), the Wisconsin district court [the American state where the most cheese is produced in the United States] determined that the claims "Smoked Gouda", "Distinct Smoked Flavor", and "smoked on hardwoods" on a type of Gouda cheese sold in the Kroger supermarket chain amounted to a violation of the FDA labeling regulations for food products sold on the American market. This was deemed misleading, deceptive, or confusing labeling since, in this case, the smoked flavor was actually the result of a liquid additive, not a genuine smoking process.

This is an interesting case of intersection between FDA labeling regulations for food products intended for sale and federal regulations on deceptive advertising and unfair competition.