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4.7.9 Statements That Are Not Implied Claims

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A number of specific uses of terms are not considered implied nutrient content claims when it is clear that they are not made in a nutrient context.96

1 A claim that a specific ingredient or food component is absent for food allergies, food intolerance, religious beliefs, or dietary practices such as vegetarianism or other non‐nutrition‐related reason (e.g., “100 percent milk free”).

2 A claim about a substance that is non‐nutritive (e.g., “contains no preservatives,” “no artificial colors”).

3 A claim about the presence of an ingredient that is perceived to add value to the product (e.g., “made with real butter,” “made with whole fruit,” or “contains honey”).

4 A statement of identity for a food in which an ingredient constitutes essentially 100 percent of a food (e.g., “corn oil,” “oat bran,” “dietary supplement of vitamin C 60 mg tablet”).

5 A statement of identity (e.g., “corn oil margarine,” “oat bran muffins,” or “whole wheat bagels”), unless such claim is made in a context that suggests that a nutrient is absent or present in a certain amount.

6 A statement of special dietary usefulness in compliance with 21 C.F.R. part 105.

Food Regulation

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