No sneaking 'sugar free' past FDA

The U.S. Food and Drug Administration announced that a federal judge has approved a consent decree of permanent injunction against Butterfly Bakery Inc., a bakery based in Clifton, New Jersey, and its president, Brenda Isaac, for unlawfully distributing misbranded food products, such as muffins and snack cakes.

The consent decree restrains Butterfly Bakery and Brenda Isaac from processing and distributing food until the company complies with the Federal Food, Drug, and Cosmetic Act (the Act) and applicable regulations. Under the consent decree, FDA may assess damages against the company for any future violations of the law or the consent decree.

“This injunction demonstrates that the FDA will seek enforcement action against companies that mislead consumers on the products they purchase,” said Melinda K. Plaisier, the FDA’s acting associate commissioner for regulatory affairs. “Until Butterfly Bakery meets FDA regulations, it will no longer be able to process or distribute their products.”

Samples tested by both FDA and state officials over several years show that Butterfly Bakery’s product labeling was false and misleading. For example, laboratory analysis showed that foods labeled as “sugar free” contained sugar, and that certain products contained as much as three times the amount of labeled/declared sugar, two times the amount of labeled/declared fat, and two times the amount of labeled/declared saturated fat.

Under the Act and applicable regulations, a product is considered misbranded when the information on the label is false or misleading.

Judge Dennis M. Cavanaugh of the U.S. District Court for the District of New Jersey signed the consent decree on March 5, 2013.