As we previously reported, the Food and Drug Administration (FDA) issued a Final Rule in May of this year updating, modifying and establishing several reference amounts customarily consumed (RACCs) for a number of foods based on new consumption data showing that the amount of food consumed by Americans has changed since 1993. In that Final Rule, the Agency recognized the need for a RACC for hazelnut spreads “outside of the dessert product category” and agreed that the “primary usage of hazelnut spread is as a spread for bread instead of as a dessert topping.”[1] At the time, because the proposed rule did not address this issue, and because the Agency intended to provide an opportunity for the public to comment, FDA noted that it intended to “consider whether to move hazelnut spread to a different appropriate product category in a future rulemaking.”[2]

- What additional data and information are available to determine the customary consumption amounts of and appropriate product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)?
- What is the major intended use of flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)?
- What other products on the market, if any, are similar to flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)? What product characteristics make these products similar? What dietary usage makes these products similar? Which product categories do flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored) compete with or take market share and volume from? What data and information are available regarding the customary consumption amounts and product category for these similar products?
- What additional data and information are available regarding the customary consumption amounts and product category of products used as fillings for cupcakes and other desserts, such as cakes and pastries?
- What is the major intended use of fillings for cupcakes and other desserts, such as cakes and pastries?
- What other products on the market, if any, are similar to cupcake filling, such as cakes and pastries fillings? What product characteristics make these products similar? What dietary usage makes these products similar? Which product categories do fillings for cupcakes and other desserts, such as cakes and pastries, compete with or take market share and volume from? What data and information are available regarding the customary consumption amounts and product category for these similar products?
Disclaimer
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.
