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Fanciful Names

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If the nature of the food is obvious, a fanciful name commonly understood and used by the public for that food may also be used.23 For example, “Submarine Sandwich” may be used (as the identification of a large sandwich made with a small loaf of bread and containing lettuce, condiments, and a variety of meats and cheeses). “B52 Belly Bomber” would be likely considered insufficient because the name is not commonly used or understood by the public. Fanciful names, of course, if they are not misleading, may be used in addition, to the required statement of identity.

Similarly, a brand name may serve as the statement of identity if the name is commonly used and understood by the public to refer to a specific food; for example, Coca Cola and Pepsi Cola.

Food Regulation

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