Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, legal marketing and development.

Still, we, here at Miletti Law®, feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, to achieve this goal, we have committed ourselves to creating authoritative, trustworthy & distinctive content, which looks to not only educate, but also deliver in a manner that only Miletti Law® can. Usually, this content is featured as videos posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and feel the positive impact of the knowledge bombs that we drop here!

Following our commitment to continue introducing new series and topics, this blog introduces you to our video titled “FDA Packaging & Labeling.” By way of backdrop, we found it necessary to make this video in response to an influx of questions and concerns from our readers in connection to how the packaging and labeling of food items are regulated under the FDA, especially after people start exploring uncharted areas of business. Through this video, we hope to not only keep you in the know but also provide you with tips on how to stay ahead of the game in this area of Regulatory e-Commerce. As usual, you can access the video through the link provided at the end of the blog.

To ensure that we drive the information home, the video and blog are based on the five most common and essential questions that will help provide answers to your questions and concerns. That being said, let us dive right into it!

Which Agency Regulates the Packaging & Labeling of Food Items?

As the video’s title suggests, the packaging & labeling is regulated by the federal agency known as FDA (Food and Drug Administration). While it also regulates the processing and content of food substances, the agency approves or disapproves food items that are adulterated or mislabeled.

Are there Mandatory Labeling Elements?

Generally speaking, the FDA wants full disclosure of anything produced and considered a food item, right from manufacturing to packaging. As such, the agency has several mandatory labeling elements. Five of these include:

  • Name of the food.
  • Quantity of contents.
  • Nutritional facts (recommended daily use values).
  • Ingredient & allergen statement.
  • Name and address of the manufacturer & packer.

Are there Foods Exempted from this Mandatory Labeling?

However, some types of foods have been exempted from these labeling requirements. These foods include, but are not limited to raw fruits, vegetables, fish, certain dietary supplements, and certain infant food and formulas for children below three years. In other cases, some foods are just categorically exempted. For instance, if you are packaging a food item that is already packaged and labeled or you are giving away small amounts of food as a gift or promotional item, then you do need to repackage in compliance with the FDA’s mandatory labeling requirements.

Is there a De Minimis Exemption?

Although it may not apply as an exemption in all cases, the de minimis exemption is designed to temporarily protect people who, because of promotional issues, package something that happens to be classified under some kind of food manufacturing business. There is a $50,000 de minimis minimum, which means that you are assumed to be in retail, but you have not been selling more than $50,000 over a 2-year period.

So, how do you Design your Brand to meet these requirements?

For starters, in light of the FDA regulations, producing and handling food items or products require careful planning. Therefore, we recommend that you seek the guidance and counsel of a professional, not generally a lawyer, but an individual with experience in food manufacturing. Since you will be making an investment, professional counsel and guidance will help keep you on the right track for a little cost compared to the losses you would incur if you found yourself in trouble with the FDA and its regulations. However, if you do not wish to seek such guidance and counsel and not spend money upfront, then you need the following six elements on your fingertips for easy transitioning when the time is ripe to start packaging and labeling your foodstuff.

  • Your packaging needs to draw attention to itself – you would want to package your product using conspicuous material to get the buyer’s attention. Probably, an image would help since a picture is worth a thousand words.
  • The brand and purpose must be clearly featured – the brand and purpose should create an impression of your business right from the moment when consumers lay their eyes on it.
  • The packaging should elicit some emotional reaction– the product should trigger positive emotions based on the feel and look of the packaging.
  • The packaging must be iconic – the package should be awe-inspiring and unique among several options.
  • The packaging should capture consumer attention towards the product’s benefit – make sure the package calls out the benefits of your product and why consumers should go for your brand and not for the next one on the counter.
  • The packaging should be designed to hit the target consumer– for foodstuffs, the package should appeal to the consumer and entice their taste buds. It should also educate them in a truthful and full-disclosure fashion.

Please, feel free to view our video at https://www.youtube.com/watch?v=ssXHKOm1jUE.

In the meantime, stay tuned for the next instalment and always strive to be #UnusuallyMotivated. In the interim, reach out to us with questions and/or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.