WWW.truthinlabeling.org -- Home page
Deceptive and
Misleading use of “No MSG” and “No Added MSG” by Industry
The Federal Register
publication of the Advance Notice of Proposed Rulemaking (first reference) is
quite complete in its coverage of the subject of the deceptive and misleading
use of “No MSG” and “No Added MSG” by industry.
The balance of the material presented here complements it. Placing "No
MSG," "No MSG Added," or "No Added MSG" on food labels
has been deemed by the FDA to be “false and misleading under section
(403)(a)(1) of the Federal Food, Drug and Cosmetic Act when the label also
lists any hydrolyzed protein as an
ingredient since it contains MSG.” It
follows that to advertise “No MSG,” “No MSG Added,” or “No Added MSG” when
there is processed free glutamic acid (MSG) in a product is also illegal; i.e.,
telling consumers that there is not MSG in products that contain any hydrolyzed
protein or other ingredient that contains MSG, is illegal. (References follow.)
Federal Register, Vol 61, September 12, 1996, Pages
48102-48110. Advance Notice of Proposed Rulemaking. (In the pdf
sent to you, Pages 13-15: III. The “No MSG” Labeling Policy)
http:\\www.truthinlabeling.org\Labeling_ANPR_NoAddedMSG.pdf
Also accessible at http://www.federalregister.gov/articles/1996/09/12/96-23159/food-labeling-declaration-of-free-glutamate-in-food
Janice F. Oliver, Director, Office of Regulatory Guidance, Center
for food Safety and Applied Nutrition, FDA. Letter to Jack L. Samuels dated December
5, 1991. http:\\www.truthinlabeling.org\FDA_JaniceOliverLetter_12.5.1991.pdf
The FDA has acknowledged that 1) there are ingredients other than monosodium glutamate that contain processed (manufactured) free glutamic acid (MSG), and 2) that products are mislabeled if they state “No MSG Added”, No Added MSG”, or “No MSG” on the labels of products that contain processed (manufactured) free glutamic acid (MSG).
Janice F. Oliver, Director, Office of Regulatory Guidance, Center
for food Safety and Applied Nutrition, FDA. Letter to Jack L. Samuels dated December
5, 1991. http:\\www.truthinlabeling.org\FDA_JaniceOliverLetter_12.5.1991.pdf
FDA Backgrounder. BG 95-16 (August 31, 1995). http:\\www.truthinlabeling.org\FDA.Backgrounder,1995.pdf (See page two, “Ingredient Listing”)
Bureau of Foods (FDA)
March 3, 1981. Letter written to a consumer by Sonia I.
Delgado.
http:\\www.truthinlabeling.org\FDA_3.3.1981_AvoidHVP.pdf
Kay Holcombe, Acting
Associate Commissioner for Legislative Affairs, FDA. Letter to the Honorable Alan J. Dixon,
October 4, 1991.
http:\\www.truthinlabeling.org\FDA_KayHolcombeLetterToSenDixon.pdf
Federal Register, Vol58, January 6, 1993 Page 2855. “As discussed in the June 21, 1991 proposal
(56 FD28592 at 28600 et seq.), all hydrolyzed protein
contains MSG…”
http:\\www.truthinlabeling.org\FederalRegister_1.6.1993.pdf
List of
ingredients that contain glutamates. Sent by Darlene M. Bailey, Public Affairs
Specialist, FDA.
December, 1998.
http:\\www.truthinlabeling.org\Ingredients_FDAPublicAffairs.pdf
Following legal action, food companies entered into consent decrees to stop claiming “No MSG Added”, No Added MSG”, or “No MSG” on the labels of products that contain processed (manufactured) free glutamic acid (MSG). Following issuance of regulatory letters that faulted food company claims of “No MSG Added”, No Added MSG”, or “No MSG” on the labels of products that contain processed (manufactured) free glutamic acid (MSG), those companies agreed to refrain from making such claims.
People of the State of California vs. Union Inc., a California Corporation doing business as Union Foods. Civil Action: CIV 111845. Suit filed in Ventura County Superior Court, 1990. (People of the State of California vs Union Inc; CIV 111845).
http:\\www.truthinlabeling.org\Labeling-VenturaCounty.pdf
FDA: April 10, 1990 FDA Regulatory Letter to Fantastic Foods,
Inc., Novato, CA. http:\\www.truthinlabeling.org\Labeling-FDA.FantasticFoods.pdf
FDA: November 13, 1990
Regulatory Letter, House of Tsang, San Francisco.
http:\\www.truthinlabeling.org\FDA_HouseOfTsang_11.13.1990RegulatoryLetter.pdf
Commonwealth
of Pennsylvania Plaintiff
VS. S&B International Corporation, Defendant. Civil Action - Equity No. 358 MD 1992.
(Based on the inquiry of Attorneys General of the states of
California, Connecticut, Florida, Illinois, Massachusetts, Minnesota, Missouri,
New York, Pennsylvania, Texas, and Wisconsin.)
http:\\www.truthinlabeling.org\Labeling-S&B_AttorneysGeneral.pdf
Commonwealth
of Pennsylvania Plaintiff
VS Pepperidge Farm, Incorporated Defendant. Civil Action - Equity
No 257 M.D. 1991
http:\\www.truthinlabeling.org\Labeling-PepperidgeFarm_AttorneysGeneral.pdf
FDA
warning letter to Live Food Products Inc. for several labeling violations for
its “All Natural Bragg Aminos All Purpose Seasoning.”
http:\\www.truthinlabeling.org\Labeling-FDA_BraggAminos_WarningLetter.pdf
Commonwealth
of Pennsylvania Plaintiff
VS Matlaw’s Food Products, Inc., Defendant. Civil Action - Equity
No 231 M.D. 1991
http:\\www.truthinlabeling.org\Labeling_Matlaw’sFoodProducts_AttorneysGeneral.pdf
To repeat, for a store to claim/advertise “No MSG” when
there is processed free glutamic acid (MSG) in a product is illegal. In telling consumers that there is no MSG in
products that contain any hydrolyzed protein or other
ingredient that contains MSG, is illegal.
The FDA, the Federal Trade Commission, State Attorneys General, and both State and Federal congresspersons should have interest in this matter.